JOINT BASE SAN ANTONIO, Texas –
The Joint Base San Antonio Judge Advocate General completed three 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. Senior Airman JM, 502nd Logistics Readiness Squadron, JBSA-Fort Sam Houston, was tried by a special court-martial consisting of a military judge sitting alone from Feb. 13-15 at JBSA-Randolph. Pursuant to his own pleas, the military judge found JM guilty of four specifications of failure to go in violation of Article 86 of the Uniform Code of Military Justice, or UCMJ; one specification of failure to obey a lawful order in violation of Article 92, UCMJ; and one specification of wrongful use of cocaine in violation of Article 112a, UCMJ. The military judge sentenced JM to nine months confinement.
U.S. v Tech. Sgt. AL, 59th Medical Logistice and Readiness Squadron, JBSA-Lackland, was tried by a general court-martial consisting of officer and enlisted members from Feb. 15525 February 2017 at JBSA-Lackland. The officer and enlisted members found AL guilty of three specifications of dereliction of duty in violation of Article 92, UCMJ; one specification of sexual assault in violation of Article 120, UCMJ; two specifications of adultery in violation of Article 134, UCMJ; one specification of assault in violation of Article 128, UCMJ; and two specifications of providing alcohol to a minor in violation of Article 134, UCMJ. AL was sentenced to a reduction to E-3, forfeiture of $450, one month of hard labor without confinement, three months confinement and a dishonorable discharge.
After sentencing, members can request clemency. In some cases, this can change the outcome of their case and/or sentence.
During the month of February, JBSA Air Force commanders administered 17 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.
Indecent conduct: An airman first class in technical training recorded a sexual encounter without the other party’s consent and then showed the recording to other Airmen. The member received a reduction to airman basic, 10 days extra duty, 10 days restriction to base and a reprimand.
Disrespect to an officer and disrespect to an NCO: A master sergeant used profane and disrespectful language toward a captain and a senior master sergeant while being verbally counseled. The member received a suspended reduction to technical sergeant, forfeitures of $1,886 pay per month for two months and a reprimand.
Dereliction of duty: A senior airman accessed a member’s medical information without authorization. The member received a suspended reduction to airman first class, 30 days extra duty, and a reprimand.
Larceny: An airman first class in technical training conspired with another person to steal from the Base Exchange. The member received a reduction to airman with a suspended reduction to airman basic and a reprimand.
Failure to go and false official statements: A technical sergeant failed to show up to work and lied about his whereabouts on multiple occasions. The member received forfeiture of $1,886 pay and a reprimand.
Wrongful use of marijuana: An airman first class tested positive for marijuana during an urinalysis. The member received a reduction to the grade of airman, suspended forfeitures of $896 pay per month for two months and a reprimand.
Dereliction of duty: A staff sergeant failed to refrain from using his government travel card for unauthorized purposes. The member received a suspended reduction to senior airman, forfeitures of $1,216 pay per month for two months and a reprimand.
Attempted solicitation: A staff sergeant attempted to wrongfully procure a sexual act from an undercover San Antonio Police Officer in exchange for $40. The member received a reduction to the grade of senior airman, forfeitures of $1,267 pay per month for two months with one month suspended and a reprimand.