NEWS | Feb. 23, 2015

Justice Files: January 2015

By 628th Air Base Wing Legal Office

Article 15s

The Airmen of Joint Base Charleston referenced below were offered and accepted non-judicial punishment pursuant to Article 15 of the Uniform Code of Military Justice during the month of January 2015.  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 half of one month's pay per month for two months, 60 days restriction, 45 days extra duties, and a reprimand.

437th Aircraft Maintenance Squadron: A senior airman received non-judicial punishment for a violation of Article 112a, wrongful use of marijuana.  Punishment imposed consisted of reduction to airman, suspended forfeitures of $858 pay for two months, suspended 30 days extra duty and a reprimand.

628th Force Support Squadron: A senior airman received non-judicial punishment for a violation of Article 86, failure to go.  Punishment imposed consisted of a suspended reduction to airman first class, 15 days extra duty and a reprimand.

Administrative Discharges

The Airmen of Joint Base Charleston referred to below were involuntarily discharged for performance and/or conduct that demonstrated their lack of potential for further service during the month of January 2015.

Members discharged from their current enlistment with a less than fully Honorable service characterization are not entitled to receive education 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.

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 the positive aspects of the Airman's military record.

The least favorable involuntary administrative discharge is an Under Other Than Honorable Conditions service characterization. A discharge with a UOTHC service characterization reflects that a member's personal conduct fell significantly below acceptable military standards and is the worst possible administrative discharge characterization.

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 it may affect their ability to find civilian employment.

437th Aircraft Maintenance Squadron: A technical sergeant who wrongfully used cocaine was convicted by a court-martial and was sentenced to a reduction to airman first class, 45 days confinement, and a $600 forfeiture of pay for two months.  Although the Airman did not receive an adjudged punitive discharge at trial, administrative discharge processing followed completion of the punishment. As part of the administrative discharge process, the Airman was entitled to a hearing before an administrative discharge board based on having more than six years of total service. The Airman waived the right to a hearing and was subsequently discharged for drug abuse with 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.