The Justice Files: June Published July 13, 2012 92nd Air Refueling Wing Staff Judge Advocate FAIRCHILD AIR FORCE BASE, Wash. -- Courts-Martial During the month of June 2012, one Air Force member assigned to Fairchild AFB was 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. An airman first class assigned to the 92nd Aircraft Maintenance Squadron pled guilty at a general court-martial to, among other allegations, breaking into the rooms of various dorm residents and stealing valuables-particularly electronics, maxing out withdrawals on his Government Travel Card lying to his first sergeant about it and using both cocaine and oxycodone, a prescription painkiller. The member also pled guilty to stealing electronics from dorm common areas and a handheld power drill, as well as wrongfully taking with the intent to later return to outdoor recreation, a generator originally purchased for nearly $1,000. Specifically, this airman was found guilty of seven specifications of larceny, one specifications of wrongful appropriation, three specifications of housebreaking with the intent to commit larceny, one specifications of dereliction of duty for Government Travel Card abuse, one specification of false official statement and two specifications of wrongful use of controlled substance. The jury of members sentenced this airman to reduction to airman basic, confinement for one year, forfeiture of all pay and allowances and a Bad Conduct discharge. Nonjudicial punishment (Articles 15) During the month of June 2012, one Air Force member assigned to Fairchild AFB received nonjudicial punishment for criminal offenses under Article 15, UCMJ. Nonjudicial punishment actions (otherwise known as Articles 15) are administrative actions used by commanders for both punishment and rehabilitation. A senior airman from the 92nd Logistics Readiness Squadron received an Article 15 for one specification of failure to go to his appointed place of duty, a violation of Article 86, UCMJ. Punishment consisted of a suspended reduction to the grade of airman first class, restriction to the limits of Fairchild AFB for 15 days, 15 days extra duty and a reprimand. Involuntary Seperations An airman basic from the 92nd LRS was separated for misconduct: drug abuse. This airman was tried and convicted by special court-martial for one specification of wrongful use of oxycodone, one specification of wrongful possession of some amount of oxycodone, both violations of Article 112a, UCMJ and one specification of wrongful possession of drug paraphernalia, a violation of Article 134, UCMJ. This airman was identified through the Air Force drug demand reduction urinalysis program as using oxycodone, a prescription pain narcotic, without having a valid prescription. Further investigation led to the discovery of drug paraphernalia (53 syringes and needles) that this airman was using to intravenously inject the drug into his body. This airman's approved court-martial sentence consisted of five months confinement, forfeiture of $950 pay per month for five months and reduction to airman basic. Upon this airman's return from military confinement, the separation authority, 92nd Air Refueling Wing commander, directed this airman be separated with an Under Honorable Conditions (General) discharge. An airman first class from the 92nd Aircraft Maintenance Squadron was separated for misconduct: drug abuse. This airman received an Article 15, UCMJ, for one specification of wrongful use of marijuana, a violation of Article 112a, UCMJ. This airman was identified through the USAF drug demand reduction urinalysis program as using marijuana, a schedule I narcotic. Schedule I drugs are defined by the DEA illegal to use. Therefore, the use was determined to be wrongful. Subsequent to punishment under Article 15, the separation authority, 92nd ARW commander, directed this airman be separated with an Under Honorable Conditions (General) discharge. Two senior airmen from the 92nd AMXS were separated for unsatisfactory performance: failure to meet minimum fitness standards, by receiving four fitness failures in a 24-month period. These airmen received formal counseling after each of their failures; however, these rehabilitative measures were not enough and these airmen were involuntarily separated. The separation authority, 92nd ARW commander, directed these airmen receive an Honorable discharge. A senior airman from the 92nd AMXS was separated for unsatisfactory performance: failure to meet minimum fitness standards, by receiving five fitness failures in a 24-month period. This airman was board entitled but waived his right to an administrative discharge board hearing. This member received formal counseling after each of his failures; however, these rehabilitative measures were not enough and this airman was approved for involuntary separation. Prior to the approved discharge being executed, this member was administratively demoted from staff sergeant to senior airman after receiving two more fitness assessment failures. The separation authority, 92nd ARW commander, directed this former NCO be separated with an Honorable discharge. A senior airman from the 92nd ARW was separated for unsatisfactory performance: failure to meet minimum fitness standards, by receiving five fitness failures in a 24-month period. This airman was board entitled but waived his right to an administrative discharge board hearing. This member received formal counseling after his failures; however, these rehabilitative measures were not enough and this airman was approved for involuntary separation. Prior to initiation of discharge proceedings, this member was administratively demoted from staff sergeant to senior airman after receiving his fifth fitness assessment failure. The separation authority, 92nd ARW commander, directed this former NCO be separated with an Honorable discharge.