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Courts-martial, crime and punishment at Joint Base San Antonio

By JBSA Legal Offices | JBSA Legal Offices | March 22, 2018

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 Airman Basic, 343rd Training Squadron, JBSA-Lackland: The airman was tried by a general court-martial Feb. 12 at JBSA-Lackland. The airman was tried by military judge, on a specification of attempting to commit lewd acts with a child and a specification of attempting to receive child pornography in violation of Article 80 of the Uniform Code of Military Justice; a specification of abusive sexual contact in violation of Article 120, UCMJ; and three specifications of sexual assault in violation of Article 120(b), UCMJ. The airman pled and was found guilty of all charges and specifications and was sentenced to forfeiture of all pay and allowances, 50 months confinement and a dishonorable discharge.

U.S. vs. Airman First Class, 343rd Training Squadron, JBSA-Lackland: The airman was tried by a special court-martial Feb. 22, by Military Judge, on a specification of dereliction of duty for underage drinking in violation of Article 92, UCMJ; a specification of being drunk and disorderly in violation of Article 134, UCMJ; and four specifications in violation of Article 112a, UCMJ, for distributing alprazolam and marijuana, using marijuana and possessing marijuana. The airman pled and was found guilty of all charges and specifications and was was sentenced to reduction to E-1, forfeiture of $600 pay per month for three months, 100 days confinement and a bad conduct discharge.

U.S. vs. Airman, 802nd Security Force Squadron, JBSA-Lackland: The airman was tried by a general court-martial Feb. 20 by a panel of officers and enlisted and was found not guilty of two specifications of sexual assault in violation of Article 120, UCMJ.

During the month of February, JBSA Air Force and Army commanders administered a number of 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.

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 Air Force and Army non-judicial punishment actions that closed out during February.

Assault with unloaded firearm: An airman basic in technical training committed assault on another airman by touching an unloaded firearm to his neck and pulling the trigger. The member received a forfeiture of $799 pay per month for two months (with one month suspended), 30 days base restriction and a reprimand.

Dereliction of duty; false official statement: An airman first class was derelict in her duties in that she used another Airman’s URE answers as her own for an exam and altered a quarters slip with intent to deceive. The member received reduction to airman (suspended), base restriction for 21 days and a reprimand.

Dereliction of duty: An airman basic in technical training willfully failed to refrain from drinking alcohol while in basic training phase and failed to return to his dorm room by call to quarters. The member received a forfeiture of $819 pay per month for two months (with one month suspended), 30 days base restriction and a reprimand.

Underage drinking: An airman basic in technical training drank under the legal age of 21. The member received a reduction to airman (suspended), a forfeiture of $819 pay per month for two months, base restriction for 30 days and a reprimand.

Underage drinking; use of false ID: An airman basic in technical training drank under the legal age of 21 and presented a false ID to do so, representing himself to be of legal drinking age. The member received a forfeiture of $965 pay per month for two months (with one month suspended) and a reprimand.

Dereliction of duty: An airman first class was found parked in a mobile patrol vehicle, armed and asleep while on duty. The member received extra duty for 30 days, reduction to airman (suspended) and a reprimand.

Dereliction of duty: A senior airman was found parked in a mobile patrol, armed and asleep while on duty. The member received reduction to airman first class (suspended), forfeiture of $500 pay per month for two months (with one month suspended) and a reprimand.

Disrespect towards a superior commissioned officer: An Army sergeant first class (E-7) was found guilty of one specification of disrespect towards a superior commissioned officer.  The NCO received a forfeiture of $578 for one month.

Adultery: An Army master sergeant was found guilty of one specification of adultery and a forfeiture of $1,000 for one month.

Absence without leave and previous over indulgence: An Army sergeant (E-5) was found guilty of one specification of absence without leave and one specification of previous over indulgence. The sergeant received a reduction to specialist (E-4), forfeiture of $1,26 suspended for 30 days, extra duty for 30 days, restriction for 30 days to the limits of the company area, dining/medical facility, and place of worship and an oral reprimand.

Accessory after the fact: An Army private (E-1) was found guilty of one specification of being an accessory after the fact. The private received a forfeiture of $382 for one month, was suspended for 180 days, had extra duty for 7 days, restriction for 7 days to the limits of the company area, dining/medical facility, and place of worship and an oral reprimand.

Failure to obey order or regulation: An Army private first class (E-3) was found guilty of one specification of failure to obey order or regulation. The private received extra duty for seven days and an oral reprimand.

Larceny and wrongful appropriation: An Army specialist was found guilty of two specifications of larceny and wrongful appropriation and received the following punishment a reduction to private first class.

Wrongful use of a controlled substance: An Army sergeant was found guilty of one specification of wrongful use of a controlled substance and received a reduction to specialist, forfeiture of $1,267, suspended for 30 days, extra duty for 45 days and a written reprimand.

Failure to obey order or regulation: An Army Sergeant First Class (E-7) was found not guilty of failure to obey an order or regulation.

Fleeing the scene of an accident: An Army specialist was found guilty of fleeing the scene of an accident and received a reduction to private first class, forfeiture of $507, suspended for 90 days, 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.

False official statement and wrongful use of a controlled substance: An Army specialist was found guilty of two specifications of false official statement and one specification of wrongful use of a controlled substance and was reduced to private, assigned extra duty for 45 days and received an oral reprimand.

Failure to obey order or regulation, indecent language and disorderly conduct: An Army private (E-2) was found guilty of one specification of failure to obey order or regulation, indecent language and disorderly conduct. The private received a reduction to private (E-1), suspended for 90 days, forfeiture of $382, suspended for 90 days, 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.

Absence without leave: An Army specialist was found guilty of two specifications of absence without leave. The specialist received a forfeiture of $581.

Failure to obey order or regulation: An Army specialist was found guilty of two specifications of failure to obey order or regulation. The specialist received 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.

Failure to obey order or regulation: An Army sergeant was found guilty of one specification of failure to obey order or regulation. The sergeant received a forfeiture of $772, suspended for 180 days, extra duty for 14 days and suspended for 180 days.

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.