The Justice Files: May to June 2014 Published Aug. 5, 2014 92nd Air Refueling Wing Legal Office FAIRCHILD AIR FORCE BASE, Wash. -- During the second quarter of 2014, 14 Fairchild Airmen received nonjudicial punishment for offenses under Article 15, UCMJ. Twelve Airmen were involuntarily separated for unsatisfactory performance and misconduct and one was administratively demoted in rank. Nonjudicial punishment actions (otherwise known as Articles 15) are administrative actions used by commanders as a means of punishment, rehabilitation and maintaining unit good order and discipline. NONJUDICIAL PUNISHMENT (ARTICLES 15) A senior master sergeant from the 92nd Air Refueling Squadron received an Article 15 for assault consummated by a battery, a violation of Article 128, UCMJ. This senior NCO hosted a super bowl party for several coworkers. As people were leaving, he wrapped his leg around and touched the buttocks of a dependent spouse. Punishment consisted of forfeiture of $2,383 pay per month for two months and a reprimand. A senior airman from the 92nd ARS received an Article 15 for dereliction of duty, a violation of Article 92, UCMJ. This airman had failed to make payments to their Military Star Credit Card for several months. Punishment consisted of suspended reduction to airman first class and a reprimand. A technical sergeant from the 66th Training Squadron received an Article 15 for drunken operation of a vehicle, violation of Article 111, UCMJ. While driving intoxicated, this NCO drove the vehicle into the porch of a civilian's residence. Punishment consisted of reduction to the grade of staff sergeant, suspended forfeitures of $1,538 pay per month for two months, suspended 45 days extra duty, and a reprimand. An airman from the 66th TRS assigned to a detachment located at Lackland AFB, Texas, received an Article 15 for multiple incidents of dereliction of duty, violations of Article 92, UCMJ. This airman left a backpack, with his name on it, in an unoccupied dorm room with alcohol inside. When questioned, he admitted to drinking and bringing the alcohol in the dormitory. Punishment consisted of reduction to the grade of airman, suspended forfeitures of $400 pay, restriction to base for 14 days, 14 days extra duty, and a reprimand. An airman first class from the 66th TRS received an Article 15 for wrongful use of a controlled substance, a violation of Article 112a, UCMJ. Specifically, this airman had a positive urinalysis for marijuana. Punishment consisted of reduction to the grade of airman basic, with a reduction below airman suspended, suspended forfeitures of $765 pay per month for two months, suspended 30 days extra duty, and a reprimand. Based on the Air Force's "zero-tolerance" policy regarding drug abuse, this airman was later involuntarily separated. A technical sergeant from the 92nd Aircraft Maintenance Squadron received an Article 15 for two counts of making sexually disparaging remarks about a female subordinate to other subordinates which conduct was prejudicial to good order and discipline and was of a nature to bring discredit upon the armed forces, violations of Article 134, UCMJ. While driving in a government owned vehicle on the flight line with subordinates, this NCO made explicit sexual comments about a female with whom they worked. Punishment consisted of reduction to the grade of staff sergeant, suspended forfeitures of $1,547 pay per month for two months, and a reprimand. An airman first class from the 92nd AMXS received an Article 15 for failure to go, a violation of Article 86, UCMJ. This airman went out drinking the night before and failed to show up for work. Punishment consisted of reduction to the grade of airman basic with reduction below airman suspended and a reprimand. An airman first class from the 92nd AMXS received an Article 15 for two counts of failure to go and one count of making a false official statement, violations of Article 86 and Article 107, UCMJ. This airman twice failed to go to his appointed place of duty at the time it was prescribed and lied to his instructor about a medical appointment that he did not have. Punishment consisted of reduction to the grade of airman, suspended forfeitures of $858 pay per month for two months, and a reprimand. A master sergeant from the 92nd Maintenance Squadron received an Article 15 for dereliction of duty, a violation of Article 92, UCMJ. This senior NCO negligently failed to refrain from taking codeine without a valid prescription. Punishment consisted of a reprimand. Based on the Air Force's "zero-tolerance" policy regarding drug abuse, he was forced to separate via retirement. A senior airman from the 92nd Force Support Squadron received an Article 15 for wrongful use of a controlled substance, a violation of Article 112a, UCMJ. Specifically, this airman had a positive urinalysis for marijuana. Punishment consisted of a reduction to airman and a reprimand. Based on the Air Force's "zero-tolerance" policy regarding drug abuse, this member was later involuntarily separated. An airman first class from the 92nd Logistics Readiness Squadron received an Article 15 for dereliction of duty, a violation of Article 92, UCMJ. The airman's supervisors came to the dorms for a welfare check due to him being on quarters after surgery. Upon arrival, the supervisors noticed that the room was a mess and he was ordered to clean up. Later, when the supervisors came back to check on him, they noticed he had not cleaned up the room. Punishment consisted of suspended reduction to airman, 14 days extra duties, and a reprimand. A staff sergeant from the 92nd Security Forces Squadron received an Article 15 for taking a photo of herself licking a Prisoner of War and Missing in Action image which conduct was prejudicial to good order and discipline and was of a nature to bring discredit upon the armed forces, in violation of Article 134, UCMJ. This photo had surfaced on social media and national news. Punishment consisted of reduction to the grade of senior airman and a reprimand. A senior airman from the 92nd SFS received an Article 15 for being disrespectful in deportment towards a NCO and for conduct that was prejudicial to good order and discipline, violations of Article 91 and Article 134, UCMJ. This airman kept arguing with his supervisor, questioning their authority, refusing to stand at parade rest, all the while using his cell phone. After this incident, he proceeded to post a lewd cartoon image, with comments, of his supervisor performing sexual acts on social media. Punishment consisted of a reduction to the grade of airman, with a reduction below airman first class suspended, and a reprimand. An airman first class from the 92nd SFS received an Article 15 for drunken operation of a vehicle and wrongfully transporting a handgun without a concealed weapons permit, violations of Articles 111 and 134, UCMJ. This airman was arrested for having a blood alcohol content of .124 and being in possession of a loaded handgun without proper documentation. Punishment consisted of a reduction to the grade of airman basic and a reprimand. INVOLUNTARY SEPARATION ACTIONS An airman first class from the 92nd Maintenance Group was separated for misconduct: drug abuse. In November 2013, this airman was identified through a random urinalysis drug test as having used cocaine. In response to this misconduct, he was found guilty by special court-martial of one violation of Article 112a, UCMJ, for wrongful use of an illicit narcotic. Upon his release from serving 60 days in confinement, 92nd MXG maintenance officer initiated involuntary separation action. The separation authority, 92nd ARW commander, directed his separation with an Under Honorable Conditions (General) discharge. (Note: An Under Other Than Honorable Conditions (UOTHC) discharge was not available since the special court-martial did not adjudge a punitive discharge). Moreover, as a result of this discharge characterization, all G.I. Bill benefits were forfeited. An airman first class from the 92nd MXG was separated for misconduct: drug abuse. This airman was observed by her former roommate to having possibly used illegal drugs. Based on these statements, unit supervision asked this airman if she would consent to a drug test for which she agreed and provided a urine sample that day. On the next day, before the sample could be tested at the military drug testing lab, she revoked her previous consent to the drug test. However, the sample was still tested and revealed she did in fact wrongfully use spice and benzodiazepines. Based on constitutional provisions regarding consent revocation, the results of her drug test could not be used for judicial action, nonjudicial punishment action, or characterization of service. The results could however be used as a basis for involuntary discharge. Accordingly, the 92nd MXG maintenance officer initiated involuntary separation action. The separation authority, 92nd ARW commander, directed her separation with an Honorable discharge. An airman basic from the 92nd Civil Engineer Squadron was separated for misconduct: drug abuse, and misconduct: minor disciplinary infractions. In December 2013, this airman was identified through a random urinalysis drug test as having used cocaine. In response to this misconduct, he was found guilty by special court-martial of one violation of Article 112a, UCMJ, for wrongful use of an illicit narcotic. Furthermore, prior to the discovered illegal drug use, he received an Article 15 for wrongful previous overindulgence of intoxicating liquor or drugs to properly perform his military duties, a violation of Article 134, UCMJ. He also received another Article 15, and an Article 15 punishment vacation action, for failure to go, a violation of Article 86, UCMJ. In addition to the foregoing offenses, he received three letters of reprimand and a letter of counseling for other various UCMJ infractions. Upon his release from serving 135 days in confinement, the 92nd CES commander initiated involuntary separation action. The separation authority, 92nd ARW commander, directed his separation with an Under Honorable Conditions (General) discharge. Moreover, as a result of this discharge characterization, all G.I. Bill benefits were forfeited. An airman basic from the 92nd Force Support Squadron was separated for misconduct: minor disciplinary infractions. In less than one year's time, this airman received an Article 15 for assaulting an Air Force contractor, a violation of Article 128, UCMJ, and an Article 15 punishment vacation action for multiple failures to go, violations of Article 86, UCMJ. Additionally, he received a letter of reprimand for disrespecting and lying to a senior NCO. Based on his history of substandard conduct, the 92nd FSS commander initiated involuntary separation action. The separation authority, 92nd ARW commander, directed his separation with an Under Honorable Conditions (General) discharge. Moreover, as a result of this discharge characterization, any G.I. Bill benefits were forfeited. An airman first class from the 92nd FSS was separated for misconduct: drug abuse. This airman was identified through a random urinalysis drug test as having used marijuana. Accordingly, she received nonjudicial punishment under Article 15, UCMJ, for wrongful use of marijuana, a violation of Article 112a, UCMJ. Based on this misconduct, the 92nd FSS commander initiated involuntary separation action. The separation authority, 92nd ARW commander, directed her separation with an Under Honorable Conditions (General) discharge. Moreover, as a result of this discharge characterization, all G.I. Bill benefits were forfeited. An airman first class from the 92nd Logistics Readiness Squadron was separated for misconduct: minor disciplinary infractions. Over the course of four years, this airman received an Article 15 for failure to go to, a violation of Article 86, UCMJ, and an Article 15 for reckless operation of a motor vehicle, a violation of Article 111, UCMJ. Additionally, he received two letters of reprimand and three letters of counseling for various UCMJ infractions. Based on his history of substandard conduct, the 92nd LRS commander initiated involuntary separation action. The separation authority, 92nd ARW commander, directed his separation with an Under Honorable Conditions (General) discharge. Furthermore, as a result of this discharge characterization, all G.I. Bill benefits were forfeited. An airman basic from the 92nd LRS was separated for misconduct: minor disciplinary infractions. In just over one year's time, this airman received an Article 15 for being drunk and disorderly, a violation of Article 134, UCMJ, and an Article 15 for service discrediting conduct, also a violation of Article 134, UCMJ. Additionally, he received two letters of reprimand for dereliction of duty and conduct prejudicial to good order and discipline. Based on his history of substandard conduct, the 92nd LRS commander initiated involuntary separation action. The separation authority, 92nd ARW commander, directed his separation with an Under Honorable Conditions (General) discharge. Moreover, as a result of this discharge characterization, any G.I. Bill benefits were forfeited. An airman from the 92nd LRS was separated for misconduct: minor disciplinary infractions. Over the span of approximately 16 months, this airman received an Article 15 for dereliction of duty, a violation of Article 92, UCMJ. He also received an Article 15 punishment vacation action for failure to go, a violation of Article 86, UCMJ. Additionally, he received three letters of reprimand and a letter of counseling for various other UCMJ violations. Based on his history of substandard conduct, the 92nd LRS commander initiated involuntary separation action. The separation authority, 92nd ARW commander, directed his separation with an Under Honorable Conditions (General) discharge. Moreover, as a result of this discharge characterization, any G.I. Bill benefits were forfeited. An airman from the 66th Training Squadron was separated for misconduct: minor disciplinary infractions. Within a seven-month period, this airman received an Article 15 for stealing from the BX, a violation of Article 121, UCMJ. He received a subsequent Article 15 for being drunk and disorderly, a violation of Article 134, UCMJ, and dereliction of duty, a violation of Article 92, UCMJ. Additionally, he received a letter of reprimand for dereliction of duty. Based on his unwillingness to conform to military standards and basic laws, the 66th TRS commander initiated involuntary separation action. The separation authority, 58th Special Operations Wing commander, directed his separation with an Under Honorable Conditions (General) discharge. Also, as a result of this discharge characterization, any G.I. Bill benefits were forfeited. An airman first class from the 66th TRS was separated for unsatisfactory performance: failure to progress in training required to be qualified for service with the Air Force. This airman was medically disqualified from the Survival, Evasion, Resistance and Escape specialist training course. Subsequently, he refused to accept reclassification into another Air Force specialty and was recommended for involuntary separation by the 66th TRS commander. The separation authority, 58th SOW commander, directed his separation with an Honorable discharge. A staff sergeant from the 336th Training Support Squadron was separated for unsatisfactory performance: failure to meet minimum fitness standards, by receiving four or more fitness failures in a 24-month period. Throughout this period, this NCO received rehabilitative measures in the form of formal counseling, unit directed fitness activities, and diet/exercise education. However, these rehabilitative efforts taken by the unit proved unsuccessful and he was recommended for involuntary separation by his unit commander. In March 2014, his case was presented at an administrative discharge board comprised of three officer members. After hearing all of the evidence, the panel of officers recommended he be separated from military service. Accordingly, the separation authority, 58th SOW commander, approved the board's recommendation and directed his separation with an Honorable discharge. An airman first class from the 336th TRSS was separated for unsatisfactory performance: failure to progress in training required to be qualified for service with the Air Force or for performance of primary duties. This airman elected to self-eliminate from the Survival, Evasion, Resistance and Escape specialist training course. In turn, the 336h TRSS commander initiated involuntary separation action. The separation authority, 58th SOW commander, directed his separation with an Honorable discharge. ADMINISTRATIVE DEMOTIONS A staff sergeant from the 92nd CES was demoted to the rank of senior airman for failure to meet Air Force physical fitness standards. This airman failed his fitness test six times in his current enlistment. In all, he failed his fitness test 12 times over the course of six years. 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 the unit commander initiated administrative demotion action. In turn, the demotion authority, 92nd Mission Support Group commander, found demotion action to be appropriate and demoted him to the rank of senior airman.