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

By 502nd Air Base Wing Legal Office & Army Support Activity Office of the Staff Judge Advocate | 502nd Air Base Wing Legal Office & Army Support Activity Office of the Staff Judge Advocate | April 18, 2018

JOINT BASE SAN ANTONIO, Texas —

The Joint Base San Antonio Judge Advocate General completed three Air Force courts-martial during the month of March. 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.

A staff sergeant with the 624th Operations Center at JBSA-Lackland was tried by a general court-martial March 12-15. The NCO was tried, by military judge, on two specifications of sexual assault in violation of Article 120 of the Uniform Code of Military Justice.  The sergeant was found guilty of one of the specifications and sentenced to reduction to E-1, 20 months confinement, a dishonorable discharge and a reprimand. 

An airman with the 802nd Security Forces Squadron at JBSA-Lackland was tried by special court-martial March 19-22. The airman was tried, by a panel of officers and enlisted members, on three specifications of wrongful use of marijuana and a controlled substance in violation of Article 112a, UCMJ, and one specification of absent without leave in violation of Article 86, UCMJ. The Airman pled and was found guilty of the specifications for marijuana use. He pled not guilty, but was found guilty of attempted use of a controlled substance, and pled not guilty and was acquitted for being AWOL. He was sentenced to E-1, received three months confinement, forfeiture of $1,092 pay per month for three months, a bad conduct discharge and a reprimand. 

An airman basic from the 343rd Training Squadron at JBSA-Lackland was tried by a summary court-martial March 29.  The airman was tried, by summary court officer, on two specifications of dereliction of duty in violation of Article 92, UCMJ, and a specification in violation of Article 112a, UCMJ, for using marijuana. The airman pled and was found guilty of all charges and specifications. He was sentenced to a forfeiture of $1,000 pay per month for one month and 19 days confinement. 

During the month of March, Joint Base San Antonio Air Force and Army commanders administered a variety of 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 six months unless a lesser amount is specified.

The following are some of the non-judicial punishment actions that closed out during the months of March and April.

Dereliction of Duty and Obstruction of Justice: An airman basic in technical training failed to refrain from sexually harassing another airman and tried to impede an investigation by asking someone to lie about knowledge of alleged misconduct. The member received a forfeiture of $819 pay (suspended), base restriction for 30 days, extra duty for seven days and a reprimand.

Use of Controlled Substance: An airman in technical training wrongfully used alprazolam, which is commonly used to treat anxiety. The member received a reduction to the grade of airman basic, forfeiture of $819 pay per month for two months (second month suspended), base restriction for 30 days, extra duty for 15 days and a reprimand.

Abusive Sexual Contact x 2: An airman first class in technical training touched and kissed a female airman without consent. The member received a reduction to the grade of airman basic, forfeiture of $819 pay per month for two months (second month suspended), base restriction for 30 days and a reprimand.

Use of Controlled Substance: An airman first class in technical training used cocaine. The member received a reduction to the grade of airman basic, forfeiture of $819 pay per month for two months (second month suspended) and a reprimand.

Willful Dereliction of Duty x 2: An airman first class in technical training willfully failed to refrain from visiting an established off limits area and providing alcohol to minors. The member received a reduction to the grade of airman (reduction to the grade of airman basic suspended) and a reprimand. 

Failure to Go, Disobeying a Lawful Order, Dereliction of Duty x 2: A staff sergeant failed to complete her work duties and failed to attend a work meeting, for which she was a principal point of contact. The member had a history of paperwork for dereliction of duty for similar offenses, all concerning her job performance. The member received a reduction to the grade of senior airman (suspended), forfeiture of $649 pay and a reprimand. 

Failure to Go to Appointed Place of Duty: An Army major was found guilty of one specification of not being at his appointed place of duty.  The major forfeited $500 for two months, was suspended for 180 days and received a written reprimand.

Wrongful Use of a Controlled Substance: An Army sergeant first class was found guilty of one specification of wrongful use of morphine.  The sergeant received a forfeiture of $1,000 pay for two months.

Wrongful Use of a Controlled Substance: An Army specialist was found guilty of one specification of wrongful use of marijuana.  The specialist was reduced to Private (E-2), forfeited $918 pay for two months, 45 days extra duty and 45 days restriction to the limits of the company area, dining/medical facility and place of worship.

Disobeying a Noncommissioned Officer: An Army private was found guilty of two specifications of disobeying a noncommissioned officer.  The private received seven days extra duty and seven days restriction to the limits of the company area, dining/medical facility and place of worship.

Dereliction of Duty, Indecent Language, Disorderly Conduct: An Army private was found guilty of one specification of dereliction of duty, two specifications of indecent language, and one specification of disorderly conduct.  The private received the following punishment: reduction to private (E-1), suspended for 90 days, forfeiture of $382 pay, suspended for 90 days, 45 days extra duty and 45 days restriction to the limits of the company area, dining/medical facility and place of worship.