Dyess Delinquents: Military Justice Summary July 2017

  • Published
  • By 7th Bomb Wing Office of the Staff Judge Advocate
  • 7th Bomb Wing Office of the Staff Judge Advocate
DYESS AIR FORCE BASE, Texas --  7TH BOMB WING

OFFICE OF THE STAFF JUDGE ADVOCATE DYESS DELINQUENTS:

MILITARY JUSTICE SUMMARY JULY 2017


COURTS-MARTIAL SUMMARY:

Captain: A Captain was convicted at a General court-martial for using cocaine on multiple occasions and also being drunk on duty. Her disciplinary history also included a LOR for driving under the influence of alcohol. Her punishment consisted of a dismissal from the service, the most severe form of punitive discharge available to an officer.

ARTICLE 15 (NON-JUDICIAL PUNISHMENT) SUMMARY:

Commanders are responsible for good order and discipline in their commands. Generally, discipline can be maintained through effective leadership including, when necessary, administrative corrective measures. Nonjudicial punishment is ordinarily appropriate when administrative corrective measures are inadequate due to the nature of the minor offense or the record of the servicemember, unless it is clear that only trial by court-martial will meet the needs of justice and discipline. Nonjudicial punishment shall be considered on an individual basis.

Commanders considering nonjudicial punishment should consider the nature of the offense, the record of the servicemember, the needs for good order and discipline, and the effect of nonjudicial punishment on the servicemember and the servicemember’s record.

A commander who is considering a case for disposition under Article 15 will exercise personal discretion in evaluating each case, both as to whether nonjudicial punishment is appropriate, and, if so, as to the nature and amount of punishment appropriate.

SSgt: Member was caught sleeping on his desk during duty hours despite the fact that he was specifically required to be alert and have situational awareness of his AOR. This was not the first time he had been caught sleeping on duty. He received an Art 15 for violation of Art 92, UCMJ and was punished with reduction to the grade of SrA, 15 days extra duty (suspended), and a reprimand.

A1C: Member was caught sleeping on duty while posted as a lookout. After the member was roused, he then used provoking words towards his leadership telling them that their counseling makes him want to “put hands on them.” He received an Art 15 for violation of Articles 113 and 117, UCMJ and was punished with 30 days extra duty and a reprimand.

A1C: Member told his leadership that an NCO in his unit was driving drunk which resulted in a car accident. Eventually it was discovered the member lied about the NCO being drunk, and had done so because he disliked the NCO. He received and Art 15 for violation of Art 107, UCMJ and was punished with reduction to the grade of Amn and a reprimand.

SrA: Member wrongfully used marijuana. He received an Art 15 for violation of Article 112a and was punished with reduction to the grade of A1C, suspended forfeitures and a reprimand.

ADMINISTRATIVE DISCHARGE SUMMARY:

SrA: Member was administratively discharged for a Pattern of Misconduct – Conduct Prejudicial to Good Order and Discipline and for Substance Abuse Treatment Failure. His disciplinary history consisted of Nonjudicial Punishment, an Unfavorable Information File, 2 Letters of Reprimand, and 1 Letter of Counseling. He was discharged with a General service characterization.

Amn: Member was administratively discharged for Misconduct – Drug Abuse (marijuana). His disciplinary history consisted of Nonjudicial Punishment. He was discharged with a General service characterization.

A1C: Member was administratively discharged for Misconduct – Drug Abuse (marijuana). His disciplinary history consisted of two Nonjudicial Punishments and a LOR. He was discharged with a General service characterization.

AB: Member was administratively discharged for Misconduct – Drug Abuse. His disciplinary history consisted of a Special Court-Martial conviction for drug abuse (methamphetamine and marijuana), a UIF, a LOR, and a LOC. He was discharged with an Under Other Than Honorable Conditions (UOTHC) service characterization because he continued to use the same drugs after he was convicted at court-martial. This represents the most severe form of administrative separation that can be given to an Airman (outside of a court-martial).

AB: Member was was administratively discharged under the provision of Chapter 4, Discharge in Lieu of Court-martial. His disciplinary history consisted of Nonjudicial Punishment. He was discharged with a UOTHC service characterization.

ADMINISTRATIVE DEMOTION SUMMARY:

SSgt: Member was administratively demoted for Failure to Fulfill Responsibilities. His disciplinary history included a LOR and a UIF. He was demoted to Senior Airman.