U.S. v. Frelix-Vann, 55 M.J. 329

Core Criminal Law Subjects: Crimes: Article 133 - Conduct Unbecoming an Officer and Gentleman Pre-2019 offenses

1. dual convictions under Article 133 and Article 121, UCMJ, cannot be sustained when based on the very same act, i.e., where the criminal conduct alleged in the Article 121 violation is the sole basis for the allegation of conduct unbecoming an officer under Article 133

Miscellaneous Matters: Multiplicity and Lesser Included Offenses: Lesser Included Offenses

1. where a larceny is alleged as the sole basis for a charge of conduct unbecoming an officer under Article 133, paragraph 59c(2), Part IV, Manual for Courts-Martial, United States (1995 ed.), establishes that the elements of larceny are necessarily included or required elements of the conduct unbecoming offense

Miscellaneous Matters: Multiplicity and Lesser Included Offenses: Multiplicity

1. dual convictions under Article 133 and Article 121, UCMJ, cannot be sustained when based on the very same act, i.e., where the criminal conduct alleged in the Article 121 violation is the sole basis for the allegation of conduct unbecoming an officer under Article 133
2. where a larceny is alleged as the sole basis for a charge of conduct unbecoming an officer under Article 133, only the offense of conduct unbecoming by committing larceny has a different element than the larceny and the offenses are not separate