JOINT BASE SAN ANTONIO, Texas –
The Joint Base San Antonio Judge Advocate General completed four Air Force courts-martial and one Army court-martial in the months of November and December 2014. 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 upcoming courts-martial can be viewed at the U.S. Air Force Judge Advocate General's website at http://www.afjag.af.mil/docket/index.asp.
· Airman Albert Lopez, from the 802nd Security Forces Squadron at JBSA-Lackland, was tried by a summary court-martial Nov. 18, 2014. Lopez pled guilty to one charge and two specifications of being absent without leave in violation of Article 86 of the Uniform Code of Military Justice. He was sentenced to 15 days confinement, 30 days restriction to base, reduction to the grade of airman basic, forfeiture of two-thirds of pay for one month and a reprimand.
· Master Sgt. Russell Ware from the 802nd SFS at JBSA-Lackland was tried by a general court-martial consisting of a military judge from Nov. 17-20, 2014. Ware pled not guilty to one charge and two specifications of abusive sexual contact in violation of Article 120 of the UCMJ. Ware was found guilty of one specification of abusive sexual contact as well as a lesser-included offense of assault and battery with respect to the second specification. Ware was sentenced to five months confinement, reduction to the grade of senior airman and the forfeiture of all pay and allowances.
· Master Sgt. Michael Squires from the 25th Air Force at JBSA-Lackland was tried by a general court-martial consisting of a military judge from Dec. 8-9, 2014. Squires was charged with one charge and one specification each of indecent recording, indecent viewing and indecent photographing in violation of Article 120c of the UCMJ. Pursuant to a pre-trial agreement, Squires was found not guilty of the offenses, but guilty of the lesser included offense of attempted indecent recording. Squires was sentenced to a bad conduct discharge, 24 months confinement and reduction to the grade of airman basic. Pursuant to the pre-trial agreement, the length of confinement cannot exceed six months.
· Tech. Sgt. Andrea Bell from the 322nd Training Squadron at JBSA-Lackland was tried by a special court-martial consisting of officer members from Dec. 16-18, 2014. Bell pled not guilty to one charge and two specifications of dereliction of duty for developing and conducting a personal, intimate or sexual relationship with two trainees. Bell was found not guilty of one specification and found guilty of one specification for developing and conducting a personal or sexual relationship with a trainee. He was sentenced to restriction to base for two months, hard labor without confinement for three months, reduction to the grade of staff sergeant and a reprimand.
· Army Staff Sgt. Victor M. Lopez of Headquarters Company, Headquarters Battalion, U.S. Army South at JBSA-Fort Sam Houston was tried by general court-martial consisting of a judge alone Nov. 21, 2014. Lopez pled guilty to three specifications of violation of Article 134 of the UCMJ for possessing and distributing child pornography and for adultery. The military judge accepted Lopez' plea. After considering all matters in aggravation and mitigation and listening to arguments by both government and defense, the military judge sentenced Lopez to 23 months confinement, reduction to E-1 and a dishonorable discharge. Lopez was subsequently transferred to a military confinement facility in San Diego, Calif., to serve the confinement portion of his sentence.
From November to December 2014, JBSA Air Force commanders administered 56 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.
JBSA-Fort Sam Houston (16):
The Article 15 actions include, but are not limited to:
Dereliction and damage of military property - An airman was drinking while underage with a Common Access Card with the data altered. The airman received 14 days restriction to base, seven days extra duty, a forfeiture of $100 and a reprimand.
Use of marijuana - An airman first class tested positive for marijuana and received a reduction to airman and a reprimand.
Dereliction - An airman first class visited with prior service personnel without receiving written approval and received a reduction in rank to airman and a reprimand. At the same location, an airman basic was caught drinking while underage with a prior service member without receiving written approval and received seven days restriction to base, seven days extra duty and a reprimand. Another airman at the location was caught drinking while underage and visiting members on a temporary duty assignment without receiving written approval and received a reduction to airman basic, restriction to base for seven days, seven days extra duty and a reprimand.
Dereliction and failure to go - Two airmen basic missed curfew and then one did not show up for an appointment. The airman basic who missed the meeting received 14 days restriction, seven days extra duty and a reprimand. The other airman basic received forfeiture of $357 and a reprimand.
Larceny - An airman stole multiple items from the Army and Air Force Exchange Service on two different occasions and received a suspended reduction to airman basic, 14 days extra duty, forfeiture of $200 pay per month for two months and a reprimand.
Absent without leave - A technical sergeant was absent from the appointed place of duty for three days and received a suspended reduction to staff sergeant and a forfeiture of $1,547.
JBSA-Lackland (37):
The Article 15 actions include, but are not limited to:
Fraternization and dereliction - A captain engaged in an unprofessional relationship with a master sergeant. The captain received forfeitures of $1,000 pay per month for two months and a reprimand. The master sergeant received forfeitures of $650 pay per month for two months and a reprimand.
Violation of lawful order and failure to obey - A technical sergeant failed to wear eye protection while operating a motorcycle and refused to dismount the motorcycle when ordered to do so by Security Forces personnel. The technical sergeant received a suspended reduction to staff sergeant and a reprimand.
Larceny - An airman basic was caught stealing items from AAFES and received 30 days suspended restriction to base and a suspended 30 days extra duty as well as forfeiture of $765 pay and a reprimand. Another airman basic was caught stealing from AAFES and received forfeitures of $300 pay with a second month of $300 forfeitures suspended and a reprimand.
Dereliction and false official statement - An airman basic was caught drinking while underage and lying about it and received 14 days restriction to base and extra duty, forfeiture of $330 and a reprimand.
Use of marijuana - An airman basic tested positive for marijuana and received 13 days restriction and extra duty, forfeiture of $357 and a reprimand. A senior airman tested positive for marijuana and received a reduction to airman first class, suspended forfeiture of $1,017 pay per month for two months and a reprimand.
Use of Adderall - A master sergeant tested positive for Adderall and received a reduction to technical sergeant and a reprimand.
Use of oxycodone - A staff sergeant tested positive for oxycodone and received a suspended reduction to senior airman, forfeiture of $1,213 pay per month for two months and a reprimand.
False official statement - A staff sergeant submitted a false and forged document in an application for an award and lied about it. The staff sergeant received a reduction to senior airman, suspended forfeiture of $1,213 and a reprimand.
AWOL and false official statement - An airman left a physical training test before it was completed and falsified the remainder of the test form. The airman received a reduction to airman basic, 30 days extra duty, suspended forfeiture of $765 and a reprimand.
AWOL and drunk and disorderly - An airman basic did not show up for duty and was found drunk and disorderly in the dormitories. The airman received 45 days restriction to base and extra duty, forfeiture of $765 pay per month for two months and a reprimand.
Failure to obey - An airman first class trainee sent a military training instructor a Facebook friend request and received a reduction to airman, 20 days restriction to base and a reprimand.
Failure to obey and assault and battery - A master sergeant broke a no-contact order and unlawfully struck another person multiple times. The master sergeant received a suspended reduction to technical sergeant, forfeiture of $1,843 pay per month for two months and a reprimand.
Underage drinking and dereliction - An airman first class hid from Security Forces members who were searching for him after he was caught possessing and drinking alcohol while underage. The airman first class received a suspended reduction to airman, forfeiture of $858 and a reprimand.
Drunk on duty - A staff sergeant was drunk on duty and received a reduction to senior airman, 30 days extra duty and a reprimand.
Dereliction - A staff sergeant engaged in an unprofessional relationship with a subordinate and received a reduction to senior airman, suspended forfeitures of $1,213 pay per month for two months and a reprimand.
AWOL - An airman first class was late to duty on two separate occasions and received a reduction to airman basic and a reprimand.
Dereliction - An airman first class hid from security forces personnel while they were searching a dormitory room and received a suspended reduction to airman, 14 days restriction to base and extra duty and a reprimand.
Dereliction and failure to obey - An airman basic twice violated curfew and engaged in the unauthorized use of a government vehicle and received 45 days restriction to base and extra duty, forfeiture of $765 pay per month for two months and a reprimand.
Dereliction - A staff sergeant processed deployment orders with an approved date and received a suspended reduction to senior airman and a reprimand.
AWOL - A senior airman was late reporting for duty and lied about what time the duty began as well as when a briefing ended. The senior airman received a reduction to airman first class, 15 days extra duty and a reprimand.
JBSA - Randolph (3):
Incapacitation for duty - A second lieutenant was incapacitated for duty and received forced forfeitures of $500 for one month with a second month of forfeitures suspended and a reprimand.
Assault and battery - A senior airman unlawfully grabbed and slammed another person into an air mattress and received a suspended reduction to airman first class and a reprimand.
Violation of lawful order - A technical sergeant plagiarized a professional military education assignment and received a suspended reduction to staff sergeant, forfeiture of $1,547 pay per month for two months and a reprimand.