JOINT BASE SAN ANTONIO-FORT SAM HOUSTON, Texas –
The U.S. Army North Staff Judge Advocate Office at Joint Base San Antonio-Fort Sam Houston completed two courts-martial recently. The results of a court-martial are not final until the clemency and/or appeals process is completed.
Cruelty and maltreatment: An Army staff sergeant was convicted by a court-martial panel of one specification of cruelty and maltreatment. The accused was sentenced to reduction to sergeant (E-5), forfeiture of $300 for three months, restriction for 45 days and hard labor without confinement for 30 days.
False official statements and wearing unauthorized insignia, decoration, badge, ribbon, device, or lapel button: An Army master sergeant (E-8) was accused of six specifications of false official statements and two specifications of wearing unauthorized insignia, decorations, badges, ribbons, devices or lapel buttons. Pursuant to Army Regulation 635-200, a Chapter 10 separation was approved in lieu of court-martial. The accused was subsequently reduced to the grade of private (E-1) and received an Other Than Honorable Discharge.
After sentencing, members can request clemency. In some cases, this can change the outcome of their case and/or sentence.
Army commanders also administered several non-judicial punishment actions under Article 15 of the Uniform Code of Military Justice.
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 April. Decisions regarding discharge are not included.
Wrongful use of a controlled substance: An Army private (E-2) tested positive on a urinalysis for the use of cocaine. The Soldier received a reduction in grade to E-1, forfeiture of $799 suspended, extra duty for 45 days, restriction for 30 days and an oral reprimand.
Drunken or reckless operation of vehicle, aircraft, or vessel: An Army private (E-2) physically controlled a passenger vehicle with a blood alcohol concentration level exceeding 0.08. The Soldier received a reduction in grade to E-1, forfeiture of $799 for 2 months suspended, extra duty for 45 days, restriction for 45 days and an oral reprimand.
Failure to obey order or regulation: An Army staff sergeant (E-6) violated a lawful general regulation by engaging in a prohibited relationship with initial entry trainees. The staff sergeant received a reduction in grade to sergeant (E-5), forfeiture of $1,616 for two months suspended, extra duty for 30 days and a written letter of reprimand.
Failure to obey order or regulation: An Army private (E-1) violated a lawful general regulation by engaging in a prohibited relationship with a staff sergeant. The private received forfeiture of $799 suspended, extra duty for 15 days and an oral reprimand.
Failure to obey order or regulation: An Army specialist (E-4), without authority, failed to go at the time prescribed to an appointed place of duty on three separate occasions. The Specialist received a reduction in grade to private first class (E-3), forfeiture of $496, extra duty for 14 days and restriction suspended.
Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer and drunken or reckless operation of vehicle, aircraft, or vessel: An Army staff sergeant (E-6) disobeyed a lawful order from a noncommissioned officer. The Soldier also controlled a vehicle while intoxicated. The staff sergeant received a reduction in grade to sergeant (E-5), forfeiture of $1,616 per month for two months and extra duty for 45 days suspended.
Adultery: An Army sergeant (E-5) wrongfully had sexual intercourse with a married person who was not their spouse. The sergeant received a reduction in grade to specialist (E-4).
Drunken or reckless operation of vehicle, aircraft, or vessel, assault and discrediting conduct: An Army specialist operated a passenger car in a reckless manner, causing injury to a law enforcement officer. The Soldier also failed to follow directions from civilian law enforcement. The specialist received a reduction in grade to E-1 and forfeiture of $783 for two months suspended.