NEWS | Jan. 4, 2016

Dec 2015 Justice Files

By JB Charleston Legal 628 ABW/JA



Involuntary Administrative Discharges

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.   

15 AS - An Airman Basic was involuntarily discharged for Drug Abuse after being convicted at a court-martial for using cocaine and marijuana.  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.

628 LRS - An Airman Basic who agreed to plead guilty at court-martial, and to provide information and testify against other suspected drug offenders was involuntarily discharged for Drug Abuse after being convicted of wrongfully using cocaine.  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.

628 AMDS - An Airman Basic was involuntarily discharged for Minor Disciplinary Infractions after being convicted of assault and battery at a court-martial, and had previously received an Article 15, a Letter of Reprimand and two Letters of Counseling for dereliction of duty and unauthorized absences.  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.

628 LRS - An Airman First Class was involuntarily discharged for Drug Abuse due to wrongfully using cocaine after agreeing to provide information and testify against other suspected drug offenders.  The member received an Under Other Than Honorable Conditions (UOTHC) discharge.  A UOTHC discharge is the least favorable administrative characterization of service which will likely deprive the member of any veteran benefits and may subject the member to substantial prejudice by future employers.

437 AMXS - An Airman who had previously been administratively demoted and received several counseling and reprimands was involuntarily discharged for Failure to the Meet Minimum Fitness Standards after failing four fitness assessments within 24 months.  The member was unable to show significant improvement despite a mandatory conditioning period and did not have any medical conditions precluding the achievement of a passing score in non-exempt portions of the assessment.  The member received an Honorable service characterization.

Non-Judicial Punishment (Article 15s)

The below Airmen of Joint Base Charleston were offered and accepted nonjudicial 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.


628 MDSS - An Airman First Class received a nonjudicial punishment for violation of Article 134, underage drinking; and Article 134, previous overindulgence of intoxicating liquor, incapacitation for the proper performance of his duties.  Punishment consisted of reduction to the grade of Airman and forfeiture of $250.00 pay per month for 2 months, suspended under the condition that he provides a briefing to the unit on the general ramifications of underage drinking, and a reprimand.

437 MXS - An Airman First Class received a nonjudicial punishment for violation of Article 134, drunk and disorderly; Article 128, assault; and Article 95, resist being apprehended.  Punishment consisted of reduction to the grade of Airman, reduction to Airman Basic, suspended, restriction to Charleston Air Force Base for 30 days, and a reprimand.

14 AS - A Senior Airman received a nonjudicial punishment for violation of Article 134, drunk and disorderly; two specifications of Article 128, assault; and two specifications of Article 107, false official statement.  Punishment consisted of reduction to the grade of Airman First Class, suspended, forfeiture of $500.00 pay per months for two months, and a reprimand.

Courts-Martial

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.

628 LRS - A Staff Sergeant was tried by a special court-martial for violating Article 112a, Uniform Code of Military Justice (UCMJ).  The member was charged with one specification of wrongful use of cocaine, one specification of wrongful use of marijuana, and one specification of wrongful distribution of marijuana. The member was found guilty by a military judge and convicted of violation of Article 112a, UCMJ.  Punishment adjudged at the court-martial was reduction to the rank of Airman Basic, to be confined for 14 days, and a Bad Conduct Discharge from the Air Force.