In United States v. Morita, 73 M.J. 548 (A.F.Ct.Crim.App. Jan 10, 2014) (discussed here), the Air Force CCA considered a reserve lieutenant colonel’s convictions of forgery, larceny, and frauds against the United States in connection with his reserve duty that involved, among other things, forging over 500 signatures or initials on over 100 documents, most of which were related to travel orders and reimbursement. The CCA found that only 178 of the 510 forgeries of which the appellant was convicted occurred during a time when the appellant was subject to the UCMJ under Article 2(a). In doing so, the court denied a Government motion to attach documents that the Government asserted would show which days the appellant was actually in an active duty status and subject to the UCMJ.
The Air Force JAG then certified the case to CAAF (certification discussed here) with an issue questioning whether the CCA erred in finding no subject matter jurisdiction and in denying the Government motion to attach documents.
On Friday, July 25, CAAF granted review of an issue that has the potential to moot the Government’s certification:
WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY FINDING THAT A RESERVIST CAN CREATE COURT-MARTIAL JURISDICTION BY FORGING ACTIVE DUTY ORDERS AND/OR INACTIVE-DUTY TRAINING ORDERS AND BY FINDING THAT COURT-MARTIAL JURISDICTION EXISTED FOR EACH 120-DAY PERIOD LISTED ON THE THREE APPLICATIONS FOR MPA MAN-DAY TOURS.
The CAAF case number is 14-5007/AF.