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The Justice Files: March 2014

  • Published
  • 92nd Air Refueling Wing Judge Advocate General
During the month of March 2014, 10 Fairchild Airmen received nonjudicial punishment for offenses under Article 15, UCMJ. Two Airmen were involuntarily separated for misconduct. 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 technical sergeant assigned to the 336th Training Support Squadorn received an Article 15 for reckless driving and other traffic-related infractions, violations of Articles 92 and 111, UCMJ. The sergeant was observed driving Survival, Evasion, Resistance and Escape students to and from off-base training in a reckless manner by exceeding posted speed limits, making sudden lane changes, operating a cellular device, and not properly wearing the seatbelt while operating a government vehicle. Punishment consisted of a suspended reduction to the rank of staff sergeant, forfeiture of $1,000 pay per month for two months (one month suspended), and a reprimand.

An airman assigned to the 66th Training Squadron in technical school training received an Article 15 for breaking curfew and drunk and disorderly conduct, violations of Articles 92 and 134, UCMJ. This airman in training arrived to the dormitories covered in vomit after curfew and managed to set off the building's fire alarm. Punishment consisted of a suspended reduction to the grade of airman basic, suspended forfeiture of $765 pay per month for two months, restriction to the limits of Fairchild AFB for 45 days, and a reprimand.

An airman from the 66th TRS assigned to Lackland Air Force Base, Texas, for training received an Article 15 for dereliction of duty, a violation of Article 92, UCMJ. The airman was ordered to report to the MTL's office on suspicion of underage drinking. On his way to the MTL's office, this airman managed to walk clear past the office, and after finally "hitting his mark" on a second pass, conducted himself in a manner consistent with that of a person who had been drinking. Punishment consisted in forfeiture of $330 pay, restriction to the limits of Medina Annex, Lackland AFB, for 14 days, and a reprimand.

An airman first class assigned to the 92nd Aircraft Maintenance Squadron received an Article 15 for dereliction of duty, in violation of Article 92, UCMJ. The airman attempted to submit a Career Development Course guide completed by another airman as his own work. He did this by concealing the original airman's name with a piece of white paper stuck to the front cover. Punishment consisted of a reduction to the grade of airman basic and a reprimand.

An airman assigned to the 92nd AMXS received an Article 15 for DUI, in violation of Article 111, UCMJ. This airman was arrested by the Spokane police department with a BAC of .181, over twice the legal limit. Punishment consisted of a reduction to the grade of airman basic and a reprimand. Because of this incident, and other misconduct, this airman was subsequently processed for involuntary discharge.

A senior airman assigned to the 92nd AMXS received an Article 15 for being absent from his unit, a violation of Article 86, UCMJ. This airman absented himself from his place of duty for an entire day. After several failed attempts to contact this airman telephonically, the unit sent an NCO out to his house where he was discovered sleeping. Punishment consisted of a suspended reduction to the grade of airman first class and a reprimand.

An airman first class assigned to the 92nd Force Support Squadron received an Article 15 for assault, in violation of Article 128, UCMJ. This airman unlawfully slapped a contractor employee on the buttocks. Punishment consisted of a reduction to the grade of airman basic, suspended forfeiture of $765 pay, 30 days extra duty, and a reprimand.

A senior airman assigned to the 92nd Logistics Readiness Squadron received an Article 15 for reckless driving, in violation of Article 111, UCMJ. This airman decided to do "power slides" in an on-base parking lot during a recent snowfall. The member lost control of his vehicle and hit a truck owned by a chief master sergeant. Punishment consisted of a suspended reduction to the grade of airman first class and a reprimand.

An airman assigned to the 92nd LRS received an Article 15 for being disrespectful toward law enforcement personnel and urinating in the rear seat of a Washington State patrol vehicle, in violation of Article 134, UCMJ. Punishment consisted of a reduction to the grade of airman basic and a reprimand.

A technical sergeant assigned to the 92nd Medical Support Squadron received an Article 15 for two specifications of cruelty and maltreatment to subordinates, and one specification for conduct prejudicial to good order and discipline, violations of Articles 93 and 134, UCMJ. This NCO subjected multiple subordinate airmen of the opposite sex to derogatory comments of a sexual nature and made other derogatory comments of a similar nature to an entire flight in formation. Punishment resulted in a suspended reduction to the grade of staff sergeant and a reprimand.

INVOLUNTARY SEPARATION ACTIONS
An airman basic assigned to the 336th TRSS was separated for misconduct: drug abuse. This airman was identified through a random urinalysis drug test as having used marijuana. Accordingly, this airman received nonjudicial punishment under Article 15, UCMJ, for wrongful use of marijuana, a violation of Article 112a, UCMJ. Based on this misconduct, his commander recommended this airman be involuntarily separated. The separation authority, the 58th Special Operations Wing commander, directed this member be separated 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 assigned to the 92nd AMXS was separated for misconduct: minor disciplinary infractions. Over the course of this airman's two years of military service, he received an Article 15 action for failure to go and making a false statement, violations of Articles 86 and 107, UCMJ. Seven months later, this airman received another Article 15 action for driving under the influence of alcohol, a violation of Article 111, UCMJ. Additionally, he received three letters of counseling for various disciplinary infractions. Based on this airman's history of substandard conduct, his commander recommended this airman be involuntarily separated. The separation authority, the 92nd Air Refueling Wing commander, directed this member be separated with an Under Honorable Conditions (General) discharge. Furthermore, as a result of this discharge characterization, all G.I. Bill benefits were forfeited.