The Justice Files - May 2016

  • Published
  • By Fairchild Air Force Base Legal Office
  • Fairchild Air Force Base Legal Office
During the month of May 2016, one Fairchild Airman was convicted by Special Court-Martial, one Airman received nonjudicial punishment under Article 15, Uniform Code of Military Justice, three Airmen were involuntarily separated and one Airman was administratively demoted. Commanders used the following as a means of punishment, rehabilitation and maintaining good order and discipline.

SPECIAL COURT-MARTIAL

92nd Civil Engineer Squadron

A senior airman was tried and convicted at trial by Special Court-Martial for one charge and one specification of wrongful use of a controlled substance, in violation of Article 112a, UCMJ. Specifically, this member admitted to wrongfully using cocaine. His punishment consisted of a reduction to the grade of airman basic, forfetuire of $783.00 for two months, 45 days restriction to base and 45 days of hard labor without confinement.

NONJUDICIAL PUNISHMENT (ARTICLE 15)

912th Air Refueling Squadron (March ARB, CA)

A staff sergeant received an Article 15 for dereliction of duty, in violation of Article 92, UCMJ. Specifically, this NCO failed to report for a random urinalysis test. His punishment consisted of a reduction to the grade of senior airman and a reprimand.

INVOLUNTARY SEPARATION ACTIONS

92nd Force Support Squadron

An airman first class was separated for misconduct: drug abuse. This Airman was identified through a random urinalysis drug test as having used marijuana. In response to this misconduct, 92nd FSS commander imposed punishment under Article 15, UCMJ, for wrongful use of an illicit substance and subsequently recommended his involuntary separation. As the base discharge authority, 92nd Air Refueling Wing commander directed this member’s separation with a General discharge. Further, as a result of this discharge characterization, all G.I. Bill benefits are most likely forfeited.

92nd Maintenance Squadron

An airman first class was separated for a series of minor disciplinary infractions. Since July 2014, this Airman received nonjudicial punishment under Article 15, UCMJ, four letters of reprimand, and three letters of counseling; all for both dereliction of duty and failing to go to his appointed place of duty. Accordingly, 92nd MXS commander recommended this member’s involuntary separation. The base discharge authority, 92nd ARW commander, directed this airman’s separation with a General discharge. As a result of this characterization, all G.I. Bill benefits are most likely forfeited.

66th Training Squadron

An airman first class was separated for minor disciplinary infractions and failure to progress in military training required to be qualified for service with the Air Force or for performance of primary duties. This Airman was unable to adapt to the Survival, Evasion, Resistance and Escape training. Furthermore, this Airman also had a history of misconduct. As such, 66th TRS commander recommended his involuntary separation. As an Air Education and Training Command tenant unit, the base discharge authority, 58th Special Operations Wing commander, located at Kirtland Air Force Base, New Mexico, directed this member’s separation with a General discharge. This discharge characterization often results in the forfeiture of GI Bill benefits.

DEMOTION ACTIONS

92nd Maintenance Squadron

A staff sergeant was demoted to the rank of senior airman for his failure to meet Air Force physical fitness standards. This NCO failed his fitness test four times dating back to December 2010 and all within his current enlistment. Prior to demotion action, rehabilitative measures were taken in the form of unit directed physical fitness activities, diet/exercise education and formal counseling sessions; however, these efforts proved unsuccessful, and he was demoted to the rank of senior airman.