The Justice Files: January & February 2018

  • Published
  • By Fairchild Air Force Base Legal Office
  • Fairchild Air Force Base Legal Office

During the month of January 2018, three Airmen received nonjudicial punishment under Article 15, Uniform Code of Military Justice and two Airmen were involuntarily separated. Commanders used the following actions as a means of punishment, rehabilitation and maintaining good order and discipline.

NONJUDICIAL PUNISHMENT (ARTICLE 15)

92nd Communications Squadron

An airman first class received an Article 15 for dereliction of duty, in violation of Article 92, UCMJ, and larceny, in violation of Article 121, UCMJ. Specifically, this member stole eight radios that belonged to the military and had numerous unauthorized items in his dormitory, including flammables, projectile weapons, metal knuckles and knives in excess of three inches. The member’s punishment consisted of a suspended reduction to the rank of airman, forfeiture of $150.00 pay per month for two months, 15 days of extra duty and a reprimand. When a punishment is suspended, it means that if the member refrains from committing further violations, the punishment will not go into effect.

92nd Logistics Readiness Squadron

An airman first class received an Article 15 for driving under the influence of alcohol, in violation of Article 111, UCMJ. This member’s punishment consisted of a reduction to the rank of airman, suspended forfeitures of $896.00 pay per month for two months and a reprimand.

92nd Maintenance Squadron

An airman received an Article 15 for providing an invalid AF Form 469, Duty Limiting Condition Report, indicating that he was exempt from all portions of the fitness test except for the waist measurement, which was totally false, in violation of Article 107, UCMJ. This member’s punishment consisted of a suspended reduction to the rank of airman basic and a reprimand.

INVOLUNTARY SEPARATION ACTIONS

92nd Aircraft Maintenance Squadron

A staff sergeant was separated for misconduct: drug abuse. In November 2017, a discharge board found this NCO wrongfully used prescription medication that was not prescribed to him. After hearing all of the evidence, the panel comprised of five officer members recommended this NCO’s separation from military service. Accordingly, the separation authority, 92 Air Refueling Wing commander, approved the board’s recommendation and directed his separation with an Honorable discharge.

92nd Operations Support Squadron

A senior airman was separated for misconduct: minor disciplinary infractions. In roughly a two year period, this airman received six letters of reprimand and one letter of counseling for various disciplinary violations. The separation authority, 92 ARW commander, directed this member’s separation with an Under Honorable Conditions (General) discharge. Furthermore, as a result of his discharge characterization in conjunction with being a first-term Airman, all G.I. Bill education benefits were forfeited.

 

During the month of February 2018, four airmen received nonjudicial punishment under Article 15, UCMJ, four airmen were involuntarily separated and three airmen were administratively demoted.

92nd Civil Engineer Squadron

A senior airman received an Article 15 for wrongful use of a controlled substance, in violation of Article 112a, UCMJ. Specifically, this member’s urinalysis tested positive for methamphetamine. This member’s punishment consisted of a reduction to the rank of airman basic, suspended forfeitures of $819.00 per month for two months and a reprimand.

92nd Force Support Squadron

An airman first class received an Article 15 for driving under the influence of alcohol (DUI), in violation of Article 111, UCMJ. This member’s punishment consisted of a suspended reduction to the rank of airman, forfeiture of $513.00 per month for two months and a reprimand.

A senior airman received an Article 15 for DUI, in violation of Article 111, UCMJ, and wrongful use of marijuana, in violation of Article 112a, UCMJ. This member admitted to using marijuana throughout the past two years of his enlistment. Punishment for this member consisted of a reduction to the rank of airman and a reprimand.

92nd Logistics Readiness Squadron

A staff sergeant received an Article 15 for wrongful use of marijuana, in violation of Article 112a, UCMJ. This member’s punishment consisted of a reduction to the rank of senior airman, suspended forfeitures of $1,298.00 per month for two months and a reprimand.

INVOLUNTARY SEPARATION ACTIONS

92nd Comptroller Squadron

An airman first class was separated for misconduct: minor disciplinary infractions. Over the course of his second enlistment, this Airman was punished under Article 15, UCMJ, as well as having received three letters of reprimand and three letters of counseling; all for various UCMJ violations. This Airman conditionally waived his right to a discharge board hearing contingent upon him receiving no less than a General discharge. Accordingly, the waiver was accepted and the separation authority, 18 Air Force commander, directed his separation with a General discharge.

92nd Security Forces Squadron

An airman first class was separated for misconduct: minor disciplinary infractions. In a one year period, this Airman received three letters of reprimand and two letters of counseling for various disciplinary violations. The separation authority, 92 ARW commander, directed this member’s separation with a General discharge. Furthermore, as a result of his discharge characterization in conjunction with being a first-term Airman, all G.I. Bill education benefits were forfeited.

92nd Aircraft Maintenance Squadron

An airman first class was separated for misconduct: drug abuse, and misconduct: minor disciplinary infractions. Over the course of his enlistment, this Airman committed an offense under Article 112a, UCMJ for wrongfully using marijuana as well as numerous other UCMJ violations which led to him receiving an Article 15 and two letters of counseling. This Airman conditionally waived his right to a discharge board hearing contingent upon him receiving no less than a General discharge. Accordingly, the waiver was accepted and the separation authority, 18 AF commander, directed his separation with a General discharge. Furthermore, as a result of this discharge characterization and being a first-term Airman, all G.I. Bill education benefits were forfeited.

92nd Maintenance Squadron

An Airman was separated for misconduct: minor disciplinary infractions and unsatisfactory performance: failure to meet minimum fitness standards. Over the course of 11 months, this Airman received two letters of reprimand and an Article 15 for various disciplinary infractions. Moreover, this Airman failed four fitness assessments in a 24-month period. As such, the separation authority, 92 ARW commander, directed this member’s separation with a General discharge for misconduct. Furthermore, as a result of this discharge characterization, all G.I. Bill benefits were forfeited.

DEMOTION ACTIONS

92nd Operations Support Squadron

An airman first class was demoted in rank for his failure to fulfill Airman responsibilities. Specifically, this member was arrested by civilian authorities for DUI. 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, 92 Operations Group commander, found demotion action to be appropriate and demoted him to the rank of Airman.

92nd Logistics Readiness Squadron

A senior airman was demoted in rank for his failure to meet Air Force physical fitness standards. This Airman failed his fitness test three times within his current enlistment. Prior to demotion action, unit rehabilitative measures were taken in the form of diet and exercise education, as well as being formally counseled by his unit leadership on the importance of meeting fitness standards. However, these efforts proved unsuccessful and he was demoted to the rank of airman first class.

336th Training Support Squadron

A staff sergeant was demoted in rank for his failure to meet Air Force physical fitness standards. This Airman failed his fitness test three times within his current enlistment and three times in his prior enlistment. Prior to demotion action, unit rehabilitative measures were taken in the form of diet and exercise education, organized fitness activities and as well as being formally counseled by his unit leadership on the importance of meeting fitness standards. However, these efforts proved unsuccessful and he was demoted to the rank of senior airman. Moreover, as a result of this demotion action, this member was subjected to High Year Tenure and will be forced to separate 120 days from the date of his demotion.