JOINT BASE SAN ANTONIO, Texas –
The Joint Base San Antonio Judge Advocate General completed two Air Force courts-martial during the month of February. The results of a court-martial are not final until the clemency and/or appeals process is completed.
All courts-martial are open to the public and a list of upcoming courts-martial can be found at the United States Air Force Judge Advocate Generals website at http://www.afjag.af.mil/About-Us/Docket.
U.S. vs Airman, 59th Medical Support Squadron, JBSA-Lackland: The airman was tried by a general court-martial Jan. 9-12 at JBSA-Lackland. The airman was tried, by military judge, for wrongful use of marijuana in violation of Article 112a, uniform Code of Military Justice, three specifications of sexual assault in violation of Article 120(b), UCMJ, and seven specifications of assault consummated by battery in violation of Article 128, UCMJ. The airman was found guilty of wrongful use of marijuana, one specification of sexual assault and all seven specifications of assault consummated by battery. The airman was sentenced to reduction to E-1, forfeiture of all pay and allowances, 24 months confinement and a dishonorable discharge.
U.S. vs. Airman First Class, 344th Training Squadron, JBSA-Lackland: The airman was tried by special court-martial Jan. 31 at JBSA-Lackland. The airman was tried, by military judge, on three specifications of dereliction of duty (departing the limits of JBSA-Lackland without authorization, operating a privately operated vehicle during the duty day without authorization and underage drinking), in violation of Article 92, UCMJ three specifications of wrongful use of a controlled substance (marijuana, alprazolam and psilocybin) and one specification of wrongful distribution of a controlled substance (alprazolam), in violation of Article 112a, UCMJ. The airman pled and was found guilty of all charges and specifications and was sentenced to reduction to E-1, eight months confinement and a bad conduct discharge.
During the month of February, JBSA Air Force and Army commanders administered numerous non-judicial punishment actions under Article 15 of the UCMJ.
The punishments imposed reflect the commander’s determination of an appropriate punishment after considering the circumstances of the offense and the offender’s record. Officers may not be reduced in rank as a punishment. A suspended punishment does not take effect unless the offender engages in additional misconduct or fails to satisfy the conditions of the suspension. The suspension period usually lasts for six months unless a lesser amount is specified.
Administrative discharge may also be an option for commanders after the conclusion of an Article 15, depending on the circumstances. The following are some of the non-judicial punishment actions that closed out in October and November. Decisions regarding discharge are not included.
During the month of January, JBSA Commanders administered six non-judicial punishments and actions under Article 15 of the UCMJ.
The punishments imposed reflect the commander’s determination of an appropriate punishment after considering the circumstances of the offense and the offender’s record.
A “suspended” punishment does not take effect unless the offender engages in additional misconduct or fails to satisfy the conditions of the suspension. The suspension period usually lasts six months unless a lesser amount is specified.
The following are some of the non-judicial punishment actions that closed out during the month of January.
Assault; Drunk and Disorderly: An airman basic in technical training struck another airman on the torso and was drunk and disorderly, conduct of a nature to bring discredit upon the armed forces. The member received a forfeiture of $799 pay per month for two months, with one month of forfeitures suspended, 30 days base restriction and a reprimand.
AWOL, Underage Drinking and DWI: An airman basic in technical training went from his appointed place of duty, drank alcohol under the age of 21 and operated a vehicle while intoxicated. The member received a forfeiture of $799 pay per month for two months, with one month of forfeitures suspended, 20 days base restriction, 20 days extra duty and a reprimand.
Disrespect to NCO: An airman in technical training was disrespectful in language, non-verbal cues, and scoffed while being given orders by non-commissioned officers. The member received a suspended reduction to the grade of airman basic, forfeiture of $799 pay per month for two months with one month of forfeitures suspended and a reprimand.
Dorm Integration Violation: An airman first class in technical training violated the dormitory gender integration policy. The member received suspended reduction to airman, a forfeiture of $418 pay, seven days base restriction and a reprimand.
Absence without leave and failure to obey order or regulation: An Army private was found guilty of five specifications of absence without leave and one specification of failure to obey order or regulation. The private received the following punishment: reduction to private (E-1), forfeiture of $373, suspended for two months, extra duty for 14 days, restriction for 14 days to the limits of the company area, dining/medical facility and place of worship and an oral reprimand.
Wrongful use of a controlled substance: An Army sergeant was found guilty of one specification of wrongful use of a controlled substance. The sergeant received the following punishment: reduction to specialist, forfeiture of $1,267 per month for two months, suspended for two months, extra duty for 30 days and an oral reprimand.