NEWS | Nov. 6, 2013

Justice Files released for July through September

By 628th Air Base Wing Staff Judge Advocate

Article 15s
An Airman 1st Class from 628th Logistics Readiness Squadron received an Article 15 for violating Article 132 of the UCMJ, False or Fraudulent Claim, by claiming his wife on his BAQ and Travel voucher after he and his wife filed for divorce. The member's punishment consisted of suspended reduction to Airman, suspended forfeiture of $849.00 per month for two months, 30 days extra duty, and a reprimand.

An Airman 1st Class from 628th Communications Squadron received an Article 15 for violating Article 83 of the UCMJ, Fraudulent Enlistment and for violating Article 107, Making a False Official Statement. The member falsified his SF 86 regarding his marijuana use prior to his military career. The member's punishment consisted of suspended reduction to Airman, suspended forfeiture of $849.00 pay for one month, 20 days extra duty, and a reprimand.

An Airman 1st Class from 628th Force Support Squadron received an Article 15 with two specifications for violating Article 86 of the UCMJ, Failure to Go and one specification for violating Article 107, Making a False Official Statement. The member did not go to his medical appointment, or physical training. The member also stated that he was on his way to roll call when he was not. The member's punishment consisted of reduction to Airman, suspended forfeiture of $849.00 pay per month for two months, and a reprimand.

An Airman 1st Class from 628th Security Forces Squadron received an Article 15 for violating Article 92 of the UCMJ, Failure to Obey Other Lawful Order. The member got into a motorcycle accident off base after being instructed to not ride his motorcycle until he took the required courses, which were not completed. The member's punishment consisted of reduction to Airman, suspended forfeiture of $538.00 pay per month for two months and a reprimand.

A Senior Airman from 628th Logistics Readiness Squadron received an Article 15 for violating Article 112a of the UCMJ, Wrongful Use of Marijuana. The member tested positive for THC. The member's punishment consisted of suspended reduction to Airman 1st Class, suspended forfeiture of $1,007.00 pay per month for two months and a reprimand.

An Airman Basic from 437th Aircraft Maintenance Squadron received an Article 15 for violating Article 134 of the UCMJ, Breaking Restriction. The member broke restriction by leaving the base after being ordered to be restricted to the base for a previous Article 15. The member's punishment consisted of suspended forfeiture of $758.00 pay per month for two months, 45 days restriction, 45 days extra duty, and a reprimand.

A Staff Sgt. from 628th Security Forces Squadron received an Article 15 for violating Article 128 of the UCMJ, Assault Consummated By a Battery. The member grabbed someone by the shoulders and threw the person to the ground, causing injuries. The member's punishment consisted of suspended reduction to Senior Airman, 15 days extra duty, and a reprimand.

An Airman 1st Class from 437th Aerial Port Squadron received an Article 15 for violating Article 128 of the UCMJ, Assault Consummated by a Battery. The member had a disagreement with another Airman and grabbed the Airman's arm, which was forceful enough to leave bruises. The member's punishment consisted of a suspended reduction to Airman, suspended forfeiture of $849.00 pay per month for two months with one month, 45 days extra duty with 15 days suspended, and a reprimand.

An Airman 1st Class from 437th Aerial Port Squadron received an Article 15 for violating Article 86 of the UCMJ, Failure to Go as well as Article 134 of the UCMJ, Disorderly Conduct. The member was supposed to be at work by 0645, but did not get there until 0711. The member was also at a club with friends when the owner asked them to leave, they refused and the police then arrived. The member still refused to leave and was disorderly with the police officers. The member's punishment consisted of reduction to Airman Basic, suspended forfeiture of $758.00 pay per month for two months, 45 days extra with 15 days suspended, and a reprimand.

A Staff Sgt. from 437th Aircraft Maintenance Sqadron received an Article 15 for violating Article 134 of the UCMJ, Adultery. The member had an affair with another married person. The member's punishment consisted of reduction to Senior Airman, suspended forfeiture of $1,201.00 pay per month for two months, and a reprimand.

An Airman 1st Class from 628 SFS received an Article 15 for violating Article 86 of the UCMJ , Failure to Go. The member failed to go to work at her appointed time on two different occasions. The member's punishment consisted of reduction to the grade of Airman, suspended forfeiture of $849.00 pay per month for two months, and a reprimand.

A Master Sgt. from 437th Maintenance received an Article 15 for violating Article 134 of the UCMJ, Soliciting Another to Commit Prostitution. The member solicited a confidential informant posing as a prostitute. The member's punishment consisted of suspended reduction to Tech Sgt., forfeiture of $900.00 pay per month for two months, and a reprimand.

A Tech Sgt. from 1 Combat Camera Squadron received an Article 15 for violating Article 92 of the UCMJ, Failure to Obey a Lawful Order. The member viewed pornographic websites on a government laptop. The member's punishment consisted of suspended reduction to Staff Sgt., 20 days extra duty, and a reprimand.

A Tech Sgt. from 1 Combat Camera Squadron received an Article 15 for violating Article 92 of the UCMJ, Dereliction of Duty, and Article 117 of the UCMJ, Provoking Speech or Gesture. The member made inappropriate comments towards another member, and interrupted another Airman's crew rest so he could have sex with someone in the shared room. The member's punishment consisted of reduction to Staff Sgt., suspended forfeiture of $1,532.00 pay per month for two months, and a reprimand.

A Senior Airman from 1 Combat Camera Squadron received an Article 15 for violating Article 92 of the UCMJ, Failure to Obey Lawful Order. The member repeatedly failed to reschedule a room inspection despite being ordered multiple times to do so. The member's punishment consisted of reduction to Airman 1st Class, suspended 15 days extra duty, and a reprimand.

A Staff Sgt. from 628th Force Support Squadron received an Article 15 for violating Article 112a of the UCMJ, Wrongful Use of a Controlled Substance. The member tested positive for hydrocodone during urinalysis. The member's punishment consisted of reduction to Senior Airman, suspended forfeiture of $1,201.00 pay per month for two months, and a reprimand.

A Tech Sgt. from 437th Aircraft Maintenance Squadron received an Article 15 for violating Article 92 of the UCMJ, Failure to Obey Lawful Order. The member was instructed not to drink alcohol within 12 hours of takeoff, but did so anyway. The member's punishment consisted of suspended reduction to Staff Sgt., forfeiture of $1,532.00 for one month with any amount over $766.00 suspended, and a reprimand.

A Staff Sgt. from 437th Aircraft Maintenance Squadron received an Article 15 for violating Article 112a of the UCMJ, Use of a Schedule II Controlled Substance. The member's urinalysis results returned positive for D-Amphetamine . The member's punishment consisted of reduction to Senior Airman, forfeiture of $1,201.00 for two months, and reprimand.

An Airman Basic from 437th Aircraft Maintenance Squadron received an Article 15 for violating Article 92 of the UCMJ, Failure to Obey Lawful Order. The member broke a no contact order. The member's punishment consisted of 45 days restriction, 45 days extra duty, suspended $758.00 pay per month for two months, and a reprimand.

A Staff Sgt. from 437th Aircraft Maintenance Squadron received an Article 15 for violating Article 112a of the UCMJ, Wrongful Use of Marijuana. The member tested positive for marijuana during a urinalysis. The member's punishment consisted of reduction to Senior Airman, forfeiture of $1,201.00 pay per month for two months, and a reprimand.

An Airman 1st Class from 437th Aircraft Maintenance Squadron received an Article 15 for violating Article 108 of the UCMJ, Damage to Military Property. The member punched a hole in the dorm dayroom wall. The member's punishment consisted of a forfeiture of $447.00 pay per month for two months, 16 days extra duty, and a reprimand.

An Airman 1st Class from 437th Aircraft Maintenance Squadron received an Article 15 for violating Article 92 of the UCMJ, Dereliction of Duty. The member wrongfully took "Triple Cs," an over-the-counter medication containing dextromethorphan, contrary to the medication's intended medical purpose. The member's punishment consisted of a reduction to Airman Basic, forfeiture of $758.00 pay per month for two months with that portion of the forfeitures in excess of $379.00 pay per month suspended, 45 days restriction, 45 days extra duty and a reprimand.

A Staff Sgt. from 628th Communication Squadron received an Article 15 for violating Article 107 of the UCMJ, Making a False Official Statement. The member sent an email to leadership within the squadron stating that an airman had been drinking underage and that two people were providing alcohol to them. The member's punishment consisted of reduction to Senior Airman and a reprimand.

An Airman 1st Class from 628th Security Forces Squadron received an Article 15 for violating Article 86 of the UCMJ, Failure to Go. The member failed to go at the time prescribed to her appointed place of duty. The member's punishment consisted of a reduction to Airman and a reprimand.

An Airman 1st Class from 628th Security Forces Squadron received an Article 15 for violating Article 91 of the UCMJ, Disrespect to an NCO. The member walked out of her supervisor's office in the middle of being counseled and without being dismissed. The member's punishment consisted of suspended reduction to Airman, and a reprimand.

A Tech Sgt. from 437th Aircraft Maintenance Squadron received an Article 15 for violating Article 92 of the UCMJ, Failure to Obey a Lawful Order and one specification of Article 107 of the UCMJ, Making a False Official Statement. The member's punishment consisted of reduction to Staff Sgt., suspended forfeiture of $1,532.00 pay for one month, and a reprimand.

An Airman Basic from 628th Security Forces Squadron received an Article 15 for violating Article 112a of the UCMJ, Wrongful Use of Marijuana. The member's urinalysis tested positive for marijuana. The member's punishment consisted of a reprimand.

A Senior Airman from 628th Civil Engineer Squadron received an Article 15 for violating Article 111 of the UCMJ, Drunken Driving. The member was arrested for DUI. The member's punishment consisted of reduction to Airman 1st Class, suspended forfeiture of $1,007.00 pay per month for two months, and a reprimand.


Courts
Airman Basic Brian J. Lavender from 437th Aircraft Maintenance Squadron was found guilty at a Special Court Martial of using cocaine, distributing cocaine, violating a lawful order by abusing "Triple Cs", and violating a no contact order. The member's sentence consisted of a Bad Conduct Discharge, 10 months confinement, and forfeiture of $1010.00 pay per month for 10 months. A pretrial agreement decreased his confinement to eight months but left all other punishment in place.

Senior Airman Simon V. Watson from 15th Airlift Squadron was found guilty at a Special Court Martial of deserting and making a false official statement. The member's sentence consisted of confinement for three months (with credit for 83 days of pretrial confinement), reduction to Airman Basic, forfeiture of $1010.00 pay per month for three months. A pretrial agreement decreased his confinement by seven days but left all other punishment in place.

Airman Basic Stevie R. Baring from 628th Security Forces Squadron was found guilty at a Special Court Martial of using cocaine, using marijuana, violating a lawful order twice by abusing "Triple Cs", and violating two no contact orders. The member's sentence consisted of confinement for 12 months, forfeiture of $1010.00 pay per month for 12 months, reprimand.

Airman Basic Joseph W. Scanlan from 437th Aircraft Maintenance Squadron was found guilty at a Special Court Martial of being absent without leave, using marijuana, violating a lawful order by using "Triple Cs", and breaking restriction twice. The member's sentence consisted of confinement for three months, forfeiture of $1,010 pay per month for three months.

On 26 August 13, Airman 1st Class Nehral Albert R. Maliwat from 437th Aerial Port Squadron was tried by General Court Martial and convicted of Raping a fellow Airman in violation of Article 120 of the UCMJ. The Airman testified that Airman 1st Class Maliwat forced her to engage in sexual intercourse without her consent. He was sentenced to a dishonorable discharge, confinement for two years, reduction to Airman Basic, and total forfeitures. As a result of this sentence, Airman Basic Maliwat will have a federal conviction and will be required to register as a sex offender. He will also be stripped of nearly every veteran's benefit. He is currently serving his confinement at the Charleston Brig.