The Justice Files - Nonjudicial Punishment

  • Published
  • By 92nd Air Refueling Wing Staff Judge Advodate
  • 92nd Air Refueling Wing Judge Advodate
During the month of September 2017, three Airmen received nonjudicial punishment under Article 15, Uniform Code of Military Justice, five Airmen were involuntarily separated, and two Airmen were administratively demoted. Commanders used the following actions as means of punishment, rehabilitation and maintaining good order and discipline.

NONJUDICIAL PUNISHMENT (ARTICLE 15)

92nd Aircraft Maintenance Squadron

An airman 1st class received an Article 15 for making a false official statement, in violation of Article 107, UCMJ, and for wrongful use of a controlled substance, in violation of Article 112a, UCMJ. Specifically, this member provided an inauthentic Air Force Form 469, Duty Limiting Condition Report, to the test administrators indicating that he was exempt from all portions of the fitness test. Additionally, this member used hydrocodone after the prescription had expired. The member’s punishment consisted of a reduction to the rank of airman basic, restriction to base for 30 days, 30 days of extra duty and a reprimand. When a punishment is suspended, if the member refrains from committing further violations for a period of time not to exceed six months, the punishment will not come into effect and will instead be remitted.

92nd Logistics Readiness Squadron

An airman received an Article 15 for failing to go to her appointed place of duty on time on multiple occasions, in violation of Article 86, UCMJ. Additionally, this member failed to remain available as the primary weekend contact for the shop, in violation of Article 92, UCMJ. This member’s punishment consisted of a suspended reduction to the rank of airman basic, 30 days of extra duty and a reprimand.

92nd Security Forces Squadron

A staff sergeant received an Article 15 for conduct that was of a nature to bring discredit upon the armed forces. Specifically, this member committed adultery. The member’s punishment consisted of a suspended reduction to the rank of senior airman, restriction to base for 30 days, 30 days of extra duty and a reprimand.

INVOLUNTARY SEPARATION ACTIONS

92nd Air Refueling Squadron

An airman was separated for misconduct: minor disciplinary infractions. This airman was punished under Article 15, UCMJ for failing to obey multiple orders. In addition, this airman received three letters of reprimand and two letters of counseling for various disciplinary violations. The separation authority, 92nd Air Refueling Wing commander, directed this member’s separation from the Air Force with an Under Honorable Conditions discharge. Furthermore, as a result of his discharge characterization in conjunction with being a first-term airman, all GI Bill education benefits were forfeited.

92nd Aircraft Maintenance Squadron

Two Airmen were separated for unsatisfactory performance: failure to meet minimum fitness standards by receiving four fitness failures in a 24-month period. Throughout this period, both Airmen received rehabilitative measures in the form of unit directed fitness activities, formal counseling on the importance of meeting fitness standards, diet/exercise education and an administrative demotion. However, these rehabilitative efforts taken by the unit proved unsuccessful and both Airmen were discharged from the Air Force.

92nd Maintenance Squadron

An airman 1st class was separated for unsatisfactory performance: failure to meet minimum fitness standards by receiving four fitness failures in a 24-month period. Throughout this period, this member received rehabilitative measures in the form of unit directed fitness activities, formal counseling on the importance of meeting fitness standards, diet/exercise education and an administrative demotion. Nonetheless, these rehabilitative efforts taken by the unit proved unsuccessful and this member was discharged from the Air Force.

92nd Security Forces Squadron

An airman was separated for unsatisfactory performance: failure to meet minimum fitness standards by receiving four fitness failures in a 24-month period. Throughout this period, this member received rehabilitative measures in the form of unit directed fitness activities, formal counseling on the importance of meeting fitness standards, diet/exercise education and a promotion withhold action. However, these rehabilitative efforts taken by the unit proved unsuccessful and this member was discharged from the Air Force.

DEMOTION ACTIONS

92nd Aircraft Maintenance Squadron

A staff sergeant was demoted to the rank of senior airman for his failure to fulfill noncommissioned officer responsibilities. Specifically, this member was arrested by civilian authorities for driving under the influence of alcohol. Due to the fact the county prosecutors retained jurisdiction of the offense, Air Force policy prohibited the unit commander from administering judicial or nonjudicial punishment action. However, this prohibition does not preclude administrative actions, to include administrative demotion. As such, the unit commander recommended this NCO be demoted in rank. The demotion authority, 92nd Maintenance Group commander, found demotion action to be appropriate and demoted him to the rank of senior airman.

92nd Maintenance Squadron

An airman 1st class was demoted to the rank of airman for his failure to meet Air Force physical fitness standards. During his current enlistment, this Airman failed three fitness tests over a 16-month period. Prior to demotion action, unit rehabilitative measures were taken in the form organized fitness activities and formal counseling by unit leadership on the importance of meeting fitness standards. However, these efforts proved unsuccessful and this member was demoted to the rank of airman.