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Preventing misconduct Air Force-wide
Non-judicial punishment under Article 15, Uniform Code of Military Justice, provides commanders with an essential and prompt means of maintaining good order and discipline. (U.S. Air Force graphic by Senior Airman Benjamin Stratton/Released)
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 The Justice Files: May - 6/15/2012
The Justice Files: April

Posted 5/15/2012   Updated 5/7/2012 Email story   Print story

    


92nd Air Refueling Wing Staff Judge Advocate

5/15/2012 - FAIRCHILD AIR FORCE BASE, Wash. -- Courts-Martials:
During April, two Air Force members assigned here were court-martialed for criminal offenses under the Uniform Code of Military Justice. A member can be tried by a general, special or summary court-martial under the UCMJ.

Max Sentence - Rehearing for Indecent Language & Child Pornography: On April 26, a senior airman assigned to the 92nd Aircraft Maintenance Squadron had a sentence rehearing, having previously been found guilty by a military judge alone at a general court-martial of one specification of attempt to communicate indecent language to a child under the age of 16 years old, a violation of Article 80, UCMJ, and one specification of wrongfully and knowingly possessing four videos and fifteen visual depictions of what appears to be child pornography, a violation of Article 134, UCMJ. Punishment recommendation from a panel of officers consisted of a dishonorable discharge, reduction to airman basic and confinement for two years and four months.

Confinement for three-time marijuana user: On April 23, an airman first class assigned to the 92nd Maintenance Squadron was found guilty by a summary court officer at a summary court-martial of one specification of wrongful use of marijuana on diverse occasions, a violation of Article 112a, UCMJ. Punishment consisted of reduction to airman basic, confinement for 15 days and hard labor for 15 days.

View when the next court-martial will be held through The Judge Advocate General's Court-Marital Docket: http://www.afjag.af.mil/docket/index.asp.

Articles 15:
During April, three Air Force members assigned to Fairchild received nonjudicial punishment for criminal offenses under Article 15, UCMJ. Nonjudicial punishment actions, known as Articles 15, are administrative actions used by commanders for both punishment and rehabilitation. The member has been notified to show cause for retention on active duty.

A captain from the 92nd Air Refueling Squadron received an Article 15 with one specification of wrongful use of Oxycodone, a violation of Article 112a, UCMJ. Punishment consisted of a forfeiture of $2,769 pay for two months and a reprimand. Member is pending involuntary separation.

An airman first class from the 92nd Operations Support Squadron received an Article 15 with one specification of driving under the influence of alcohol, a violation of Article 111, UCMJ. Punishment consisted of a reduction to airman, 15 days extra duty and a reprimand.

A staff sergeant from the 92nd Security Forces Squadron received an Article 15 with one specification of larceny of government property, a violation of Article 121, UCMJ. Punishment consisted of a reduction to senior airman, forfeitures of $1,133 pay for two months with one month suspended, 45 days extra duty and a reprimand.

Involuntary Separations:
A senior airman from the 92nd Logistics Readiness Squadron was separated for misconduct: commission of a serious offense and substance abuse treatment failure. The basis for discharge was for an off-base driving under the influence of alcohol conviction and failure in the ADAPT alcohol abuse program. In November 2011, this airman's case was heard by an administrative discharge board which recommended the member be separated with an Under Honorable Conditions (General) discharge without the opportunity for probation and rehabilitation. Additionally, this airman was entitled to the Secretary of the Air Force lengthy service probation consideration for having more than 16 years of service. The separation authority, the 92nd Air Refueling Wing commander, approved the board's recommendation. Subsequently, in April, the Secretary of the AF denied the member's lengthy service probation request and the approved separation was executed.

A senior airman from the 92nd OSS was separated for misconduct: commission of a serious offense, which included two Article 15 actions. The first Article 15 was for two specifications of failing to obey a lawful general order, a violation of Article 92, UCMJ; one specification of making a false official statement, a violation of Article 107, UCMJ; and one specification of adultery, a violation of Article 134, UCMJ. The second Article 15 was for driving under the influence of alcohol, a violation of Article 111, UCMJ. This airman waived his right to an administrative discharge board hearing. The separation authority, the 18th Air Force commander, directed this airman receive an Under Honorable Conditions (General) discharge.

A staff sergeant from the 92nd SFS was separated for unsatisfactory performance: failure to meet minimum fitness standards, by receiving four fitness failures in a 24-month period. This airman waived his right to an administrative discharge board hearing. The separation authority, the 92nd ARW commander, directed this airman receive an Honorable discharge.

An airman first class from the 92nd SFS was separated for conditions that interfere with military service: mental disorders - adjustment disorders. The separation authority, the 92nd ARW commander, directed this airman receive an Honorable discharge.

An airman first class from the 92nd Force Support Squadron was separated for conditions that interfere with military service: mental disorders - gender identity disorders. The separation authority, the 92nd ARW commander, directed this airman receive an Honorable discharge.



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