NEWS | March 1, 2016

Justice files

By 628th Air Base Wing Legal Office

Involuntary Administrative Discharges (February 2016)
Mr. Robert Yancey
Discharge Clerk, 628 ABW/JA

The below Airmen of Joint Base Charleston were involuntarily discharged for conduct that demonstrated a lack of potential for further service.  Members discharged from their current enlistment with a less than fully Honorable service characterization are not entitled to receive educational benefits under the Montgomery GI Bill or the Post 9/11 GI Bill.  The three types of service characterizations that can be received upon discharge are:  Honorable, Under Honorable Conditions (General), and Under Other Than Honorable Conditions (UOTHC).  An Honorable service characterization means the member has generally met the Air Force standards of acceptable conduct and performance of duty.  Each member should strive to meet and exceed the standards of acceptable performance and conduct in order to receive an Honorable discharge.  An Under Honorable Conditions (General) service characterization is warranted when significant negative aspects of an Airman's conduct or performance of duty outweigh positive aspects of the Airman's military record.  The least favorable involuntary administrative discharge is an Under Other Than Honorable Conditions (UOTHC) service characterization.  A discharge with a UOTHC service characterization reflects that a member's personal conduct fell significantly below acceptable military standards.  Members receiving a service characterization of less than an Honorable discharge may find their veteran's benefits denied either in whole or in part and may face substantial prejudice when applying for civilian employment.   


628 SFS - A Staff Sergeant was involuntarily discharged for a Civilian Conviction due to domestic violence.  The member offered to conditionally waive his right to a discharge board in return for an Under Honorable Conditions (General) service characterization which was approved.

16 AS - A first term Airman was involuntarily discharged for Minor Disciplinary Infractions after receiving an Article 15, four Letters of Reprimand, and two Letters of Counseling for numerous unauthorized absences, making false statements, and dereliction of duty.  The member received an Under Honorable Conditions (General) service characterization which deprives the member of substantially all service connected benefits such as the Montgomery GI Bill and the Post 9/11 GI Bill.

Non-Judicial Punishment (Article 15s) (February 2016)
A1C Katie Cooper
Military Justice Paralegal, 628 ABW/JA

The below Airmen of Joint Base Charleston were offered and accepted non-judicial punishment (NJP) pursuant to Article 15 of the UCMJ in the month of October.  Airmen offered NJP by their commander may either accept the NJP, and be judged by their commander as to their guilt or innocence as well as the appropriate punishment, or decline the NJP and demand a trial by court martial. The punishments that can be imposed as a part of NJP depend on the rank of the accused airman and the commander who will impose punishment, but can be as much as a reduction in rank to E1, 30 days correctional custody, forfeiture of ½ of one month's pay per month for 2 months, 60 days restriction, 45 days extra duties, and a reprimand.


437 AMXS - An Airman First Class received non-judicial punishment for violation of Article 134, Underage Drinking, Article 108, damage to military property less than $500, and Article 109, damage to nonmilitary property less than $500.  Punishment consisted of reduction to the grade of Airman, forfeiture of $878.00 per month for two months, suspended, 20 days extra duty, and a reprimand.


Courts-Martial (February 2016)
Capt Jeffrey Sullivan
Chief of Military Justice, 628 ABW

Airmen of Joint Base Charleston who are convicted at a special or general court martial are considered to have a federal conviction. Sentences at a special court-martial can be up to one year in jail, a Bad Conduct Discharge (or a dismissal for Officers), reduction in grade to E-1 for enlisted members, and forfeiture of 2/3rds pay per month for 12 months.  Sentences at a general court-martial vary widely according to the charged crimes. A general court-martial, if the accused is convicted of the appropriate crime, can sentence a member to the maximum punishment authorized by the UCMJ based on the crime for which the member was convicted, up to and including life in prison, or even death, if authorized for that offense.

No action received in the month of February.