NEWS | April 28, 2014

Justice Files

By 628th Air Base Wing Judge Advocate

Courts-Martial - 1st Quarter

On Feb. 25, 2014, an airman first class from the 437th Operation Support Squadron, was tried by special court-martial for three violations of Article 112a, wrongful use of a controlled substance. The member was charged with two specifications of wrongful use of marijuana and one specification of wrongful use of cocaine. A panel of officer and enlisted members found the airman guilty of the charge and specifications and sentenced the member to three months confinement, three months hard labor without confinement and a reduction to E-2. This will result in a federal conviction being a part of this member's criminal history, which will have a life-long impact. This information will be available to the member's future prospective employers.

On Jan. 23, 2014, a chief master sergeant from the 628th Civil Engineer Squadron was tried by special court-martial for seven violations of Article 112a, wrongful use of cocaine. A panel of officer and enlisted members found the member guilty of the charges and sentenced the member to four months confinement, three months hard labor without confinement, forfeiture of $2,000 pay per month for seven months and a reduction to E-6. This will result in a federal conviction for wrongful use of cocaine being a part of this member's criminal history, which will have a life-long impact. This information will be available to the member's future prospective employers.

On Jan. 30, 2014, a technical sergeant from 1 Combat Camera Squadron was tried by special court-martial for two violations of Article 128, assault consummated by a battery. The member was charged with choking one victim on the neck and striking another victim's lower body with a car. A military judge found the member guilty of the charge and specifications and sentenced the member to 21 days confinement, forfeiture of $500 pay per month for three months and a reduction to E-5. This will result in a federal conviction for assault consummated by battery being a part of this member's criminal history, which will have a life-long impact. This information will be available to the member's future prospective employers.

On April 18, 2014, an airman first class from the 628th Air Base Wing was tried by special court-martial for violations of Article 128 and Article 134, aggravated assault and communicating a threat. The member was charged with cutting a victim on the wrist and stabbing him in the back with a knife, and with telling another victim that she was going to cut him. A panel of officer and enlisted members found the member guilty of the charges and sentenced the member to confinement for 120 days, 90 days hard labor without confinement, forfeiture of $500 pay per month for six months and a reduction to E-1. This will result in a federal conviction for aggravated assault and communicating a threat being a part of this member's criminal history, which will have a life-long impact. This information will be available to the member's future prospective employers.

Nonjudicial Punishment

15th Airlift Squadron
A senior airman received nonjudicial punishment for a violation of Article 92, dereliction of duty for failing to follow a Squadron Operating Instruction. Punishment imposed consisted of a suspended reduction to the grade of airman first class, forfeiture of $700 pay for two months, restriction to Joint Base Charleston for 30 days and a reprimand.

1st Combat Camera Squadron
A staff sergeant received nonjudicial punishment for a violation of Article 92, failure to obey lawful order (no contact order), a violation of Article 107, making a false official statement and a violation of Article 134, adultery. Punishment imposed consisted of reduction to senior airman, suspended forfeiture of $1,201 pay for two months and a reprimand.

437th Aircraft Maintenance Squadron
An airman first class received nonjudicial punishment for a violation of Article 112a, wrongful possession of marijuana. Punishment imposed consisted of reduction to airman, suspended forfeiture of $858 pay for two months, 30 days extra duty and a reprimand.

A senior airman received nonjudicial punishment for a violation of Article 112a, wrongful use of marijuana. Punishment imposed consisted of a reduction to airman first class, suspended forfeiture of $1,017 pay for two months, 30 days extra duty and a reprimand.

A technical sergeant received nonjudicial punishment for a violation of Article 112a, wrongful use of marijuana. Punishment imposed consisted of reduction to staff sergeant, suspended forfeiture of $1,547 pay for two months, 15 days extra duty and a reprimand.

437th Maintenance Squadron
An airman first class received nonjudicial punishment for a violation of Article 134, underage drinking. Punishment imposed consisted of reduction to airman, suspended forfeiture of $858 pay for one month, suspended 30 days extra duty and a reprimand.

A staff sergeant received nonjudicial punishment for a violation of Article 92, dereliction of duty for negligently failing to follow a technical order. Punishment imposed consisted of a suspended reduction to senior airman, 30 days extra duty with 15 days suspended and a reprimand.

628th Force Support Squadron
A senior airman received nonjudicial punishment for a violation of Article 112a, wrongful use of marijuana. Punishment imposed consisted of reduction to airman first class, suspended forfeiture of $1,017 pay for two months and a reprimand.

628th Logistics Readiness Squadron
A senior airman received nonjudicial punishment for a violation of Article 112a, wrongful use of marijuana. Punishment imposed consisted of reduction to airman first class with reduction to airman suspended, suspended forfeiture of $858 pay for two months and a reprimand.

An airman first class received nonjudicial punishment for a violation of Article 112a, wrongful use of marijuana. Punishment consisted of reduction to airman, suspended forfeiture of $858 pay for two months and a reprimand.

628th Security Forces Squadron
A senior airman received nonjudicial punishment for a violation of Article 112a, wrongful use of methandrostenolone (steroids), a Schedule II controlled substance. Punishment consisted of reduction to airman basic, suspended forfeiture of $765 pay for two months and a reprimand.

A senior airman received nonjudicial punishment for a violation of Article 112a, wrongful use of hydrocodone, a Schedule II controlled substance. Punishment consisted of reduction to airman first class with reduction to airman suspended and a reprimand.

A senior airman received nonjudicial punishment for a violation of Article 112a, wrongful use of marijuana. Punishment consisted of reduction to airman with reduction to airman basic suspended, suspended forfeiture of $765 pay for two months and a reprimand.

Involuntary Administrative Discharges (January - March 2014)
By. Robert Yancey, 628th ABW Judge Advocate discharge clerk

The following airmen from Joint Base Charleston were involuntarily discharged for performance and/or conduct that demonstrated their 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 administrative 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 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 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. 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.

628th Force Support Squadron - A senior airman was involuntarily discharged for drug abuse for wrongfully using prescription medication (hydrocodone). 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.

628th FSS - An airman was involuntarily discharged for minor disciplinary infractions after receiving an Article 15, a Vacation of the Suspended Nonjudicial Punishment, five Letters of Reprimand and two Letters of Counseling for infractions that included disrespect toward noncommissioned officers, unauthorized absence from appointed place of duty, dereliction of duty and making a false official statement. 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.

628th FSS - An airman first class was involuntarily discharged for drug abuse for wrongfully using 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.

628th FSS - An airman was involuntarily discharged for Unsatisfactory Performance: Failure to Meet Minimum Fitness Standards after the member failed four fitness assessments within 24 months, did not 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.

628th Security Forces Squadron - An airman basic was involuntarily discharged for drug abuse for wrongfully using methandrostenolone (anabolic steroid), a Schedule II controlled substance. 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.

628th SFS - An airman was involuntarily discharged for drug abuse for wrongfully using 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.

628th Logistics Readiness Squadron - An airman basic was involuntarily discharged for minor disciplinary infractions for misuse of a Government Travel Card after receiving an Article 15 in 2010 and 2013 for the misuse and then subsequently failing to pay the GTC bill by the due date after receiving financial counseling and education. 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.

628th LRS - An airman was involuntarily discharged for drug abuse for wrongfully using 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.

628th Communication Squadron- A senior airman was involuntarily discharged for Unsatisfactory Performance: Failure to Meet Minimum Fitness Standards after the member failed four fitness assessments within 24 months, did not 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.

437th Maintenance Squadron - A senior airman was involuntarily discharged for Unsatisfactory Performance: Failure to Perform Assigned Duties Properly after receiving four Letters of Reprimand, a Letter of Admonishment, two Letters of Counseling, a non-selection for reenlistment and placement on the Control Roster due to a lack of occupational proficiency based on a failure to fully comprehend assigned tasks, to follow instructions provided, and to demonstrate the required focus and attention to detail needed to properly complete duties in a timely manner. The member received an Honorable service characterization.

437th MXS - An airman first class was involuntarily discharged for Minor Disciplinary Infractions after the member stole $36.92 of goods from a local store, was pending criminal charges in the civilian courts and had previously received an Article 15 for theft of $1.93 of goods from AAFES. 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.

437th Aerial Port Squadron - An airman basic was involuntarily discharged for Minor Disciplinary Infractions after receiving two Article 15s, a Vacation of the Suspended Non-Judicial Punishment, two Letters of Reprimand, and a Letter of Counseling for infractions that included assault, failure to obey a lawful order, underage drinking, dereliction of duty, making a false official statement and unauthorized absence from appointed place 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.

437th Aircraft Maintenance Squadron - An airman first class was involuntarily discharged for drug abuse for wrongfully using an intoxicating substance (120 bottles of "Dust Off"). 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.