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The Justice Files: February 2014

  • Published
  • 92nd Air Refueling Wing Public Affairs
During the month of February 2014, three Fairchild Airmen received nonjudicial punishment for offenses under Article 15, UCMJ. Two Airmen were involuntarily separated and two were 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)
An airman first class assigned to the 336th Training Support Squadron received an Article 15 for two counts of dereliction of duty, a violation of Article 92, UCMJ. This Airman was discovered drinking alcohol in the Survival, Evasion, Resistance and Escape dormitories and also had a member of the opposite sex in their room, both violations of training dormitory rules. Punishment consisted of a suspended reduction to the rank of airman, forfeiture of $858 pay per month for two months (one month suspended), and a reprimand.

An airman first class assigned to the 336th TRSS received an Article 15 for two counts of dereliction of duty and one count of forgery, violations of Articles 92 and 123, UCMJ. This Airman was discovered drinking alcohol in the SERE dormitories and did so while in a room belonging to a member of the opposite sex; both violations of training dormitory rules. Additionally, this Airman forged a charge of quarters log in an attempt to hide the illicit activities. Punishment consisted of a reduction to the rank of airman basic (reduction below the rank of airman was suspended), suspended forfeiture of $765 pay per month for two months, and a reprimand.

A staff sergeant assigned to the 92nd Operations Support Squadron received an Article 15 for assault, a violation of Article 128, UCMJ. After the sergeant felt they were blocked in by the individual who was double-parked, they confronted the woman in the car. After an exchange of words the sergeant proceeded to grab a handful of the woman's hair and slam her to the ground. Punishment consisted of a suspended reduction to the rank of senior airman and a reprimand.

INVOLUNTARY SEPERATION ACTIONS
A senior airman assigned to the 92nd Logistics Readiness Squadron was separated for misconduct: drug abuse after receiving an Article 15 for possession of a controlled substance and forgery, violations of Articles 112a and 123, UCMJ. This airman wrote a number "one" in front of their prescription amount in order to obtain 100 more Oxycodone pills than was prescribed. As such, the squadron commander recommended this airman be involuntarily discharged. The separation authority, 18th Air Force commander, directed this member's 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 assigned to the 92nd Aircraft Maintenance Squadron was separated for misconduct: drug abuse and minor disciplinary infractions after receiving two Article 15 actions. The first Article 15 was for driving under the influence of alcohol, a violation of Article 111, UCMJ. The DUI occurred as the member crawled into his vehicle in the early morning after a night of drinking and turned the key in his ignition in order to "activate the seat heater." A passing patrol man observed this and apprehended the member. The second Article 15 was for wrongful use of marijuana, a violation of Article 112a, UCMJ. In addition, this member received three letters of counseling for various disciplinary infractions. Accordingly, the unit commander recommended this airman be involuntarily discharged. The separation authority, 18th Air Force commander, directed this member's separation with an Under Honorable Conditions (General) discharge. Furthermore, as a result of this discharge characterization, all G.I. Bill benefits were forfeited.

ADMINISTRATIVE DEMOTIONS
A staff sergeant assigned to the 66th Training Squadron was demoted to the rank of senior airman for failure to fulfill noncommissioned officer responsibilities. 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 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, 336th Training Group commander, found demotion action to be appropriate and demoted this member to the rank of senior airman.

A senior airman assigned to the 92nd AMXS was demoted to the rank of airman first class for failure to meet Air Force physical fitness standards. This Airman failed the fitness test five times dating back to September 2010. Prior to demotion action initiation, 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 this member was unable to overcome their fitness deficiencies. Accordingly, this Airman was recommended for administrative demotion by his unit commander. The demotion authority, 92nd Maintenance Group commander, found demotion action to be appropriate and demoted this member to the rank of airman first class.