NEWS | July 31, 2013

Justice Files released for May, June

By Airman 1st Class Kendra Menefee 628th Air Base Wing Judge Advocate

In a Special Court-Martial, an Airman from the 437th Maintenance Squadron was found guilty by a military judge of the following offenses: Violation of Article 112a of the Uniform Code of Military Justice, wrongful use of cocaine on multiple occasions, and failing to obey a lawful general regulation, by wrongfully ingesting dextromethorphan (commonly referred to as "Coricidin Cough and Cold" or "Triple Cs") on multiple occasions, in excess of the prescribed dosage, for the purpose of altering mood or function, in violation of Article 92 of the UCMJ. The Airman was sentenced to reduction to the grade of E-1, confinement for five months, and forfeiture of $1,010 pay per month for five months. The federal conviction will remain on the Airman's record for life.

In a Special Court-Martial, an Airman Basic from the 437th Aircraft Maintenance Squadron was found guilty by a military judge of the following offenses: Violation of Article 112a of the UCMJ, wrongful use of cocaine on multiple occasions, and wrongfully distributing some amount of cocaine. Additionally the Airman Basic was found guilty of failing to obey a lawful general regulation, by wrongfully ingesting dextromethorphan on multiple occasions, in excess of the prescribed dosage, for the purpose of altering mood or function, in violation of Article 92 of the UCMJ. The Airman Basic was also found guilty of violating a No Contact Order. The Airman Basic was sentenced to a Bad Conduct Discharge, confinement for 10 months, and forfeiture of $1,010 pay per month for 10 months. In addition to having a federal conviction on the Airman's record, there are additional lifelong consequences caused by the Bad Conduct Discharge. These consequences include being ineligible for: payment for accrued leave, transportation for dependents and household goods, credit for retirement benefits, the G.I. Bill or any educational assistance, unemployment compensation for ex-service members, and reenlistment. It could also affect his ability to own a firearm.

Article 15s

Members of Joint Base Charleston received the following Non-judicial Punishments under Article 15 of the UCMJ during the months of May and June 2013. The maximum punishment under Article 15 depends on the rank of the member being offered the Article 15 and the rank of the officer imposing punishment. If the commander finds that a military member committed the charged offenses, the commander then determines the member's punishment based on the severity of the offenses, the circumstances surrounding the offenses, previous misconduct, and any matters in mitigation or extenuation presented by the member.

· A staff sergeant from the 437th MXS received an Article 15 with one specification of violating Article 92 of the UCMJ, Dereliction of Duty, for abusing over-the-counter medicine by taking large doses to elicit a hallucinogenic or high feeling). The member's punishment consisted of a reduction to Senior Airman suspended, forfeiture of $500 pay per month for two months, 30 days extra duty, and a reprimand.
· An airman first class from the 437th MXS received an Article 15 with one specification of violating Article 92 of the UCMJ, Failure to Obey Other Lawful Written Order, for breaking a no contact order. The member's punishment consisted of reduction to Airman, 11 days restriction, 11 days extra duty, and a reprimand.
· An airman first class from the 437th AMXS received an Article 15 with one specification of violating Article 112a of the UCMJ, Wrongful Use of Marijuana, for wrongfully using marijuana. The member's punishment consisted of reduction to the grade of Airman with reduction below Airman Basic suspended, forfeiture of $1,007 pay per month for two months suspended, 14 days extra duty, 14 days restriction, and a reprimand.
· An airman first class from the 437th AMXS received an Article 15 with one specification of violating Article 92, Failure to Obey Lawful Order and two specifications of violating Article 112a of the UCMJ, Wrongful Use of Drugs, for smoking spice and marijuana. The member's punishment consisted of a reduction to the grade of Airman, forfeiture of $849 pay per month for two months suspended, and a reprimand.
· A staff sergeant from the 437th AMXS received an Article 15 with one specification of violating Article 86 of the UCMJ, Failure to Go, for not showing up to an appointed place of duty. The member's punishment consisted of reduction to the grade of Senior Airman, forfeiture of $800 pay per month for two months suspended, restriction for 60 days, and a reprimand.
· An airman basic from the 437th Aerial Port Squadron received an Article 15 with one specification of violating Article 112a of the UCMJ, Wrongful Use of Marijuana, for wrongfully using marijuana. The member's punishment consisted of restriction for 45 days with any days over 30 suspended, 45 days extra duty with any days over 20 suspended, and a reprimand.
· A staff sergeant from the 437th APS received an Article 15 with three specifications of violating Article 128 of the UCMJ, Assault Consummated by a Battery, for pushing and shoving a member of his unit that out-ranked him. The member's punishment consisted of a reduction to the grade of Senior Airman suspended, forfeiture of $1,201 pay suspended, 10 days extra duty, and a reprimand.
· A staff sergeant from the 437th APS received an Article 15 with one specification of violating Article 107 of the UCMJ, Signing False Official Statement, for falsifying his PT score by changing the number of sit-ups from 43 to 48. The member's punishment consisted of reduction to senior airman suspended, forfeiture of $1,201 pay per month for two months suspended, 10 days extra duty, and a reprimand.
· An airman first class from the 628th Communications Squadron received an Article 15 with one specification of violating Article 112a of the UCMJ, Wrongful Use of Marijuana. The member's punishment consisted of a reduction to the grade of Airman suspended, and a reprimand.
· An airman first class from 628th CS received an Article 15 with one specification of violating Article 108 of the UCMJ, Damaging, Destroying, or Losing Military Property, for punching and breaking a plate glass window. The member's punishment consisted of reduction to the grade of Airman suspended, forfeiture of $375 pay per month for two months, and a reprimand.
· An airman first class from 628th CS received an Article 15 with one specification of violating Article 107 of the UCMJ, Signing False Official Statement, and Article 83 of the UCMJ, Fraudulent Enlistment, for lying about the last time he used marijuana. The member's punishment consisted of reduction to the grade of Airman suspended, forfeiture of $849 pay suspended, 20 days extra duty, and a reprimand.
· An airman first class from the 628th Security Forces Squadron received an Article 15 with two specifications of violating Article 107 of the UCMJ, Signing False Official Statement and Making a False Official Statement, for falsifying her PT score and being dishonest when asked about the situation. The member's punishment consisted of forfeiture of $200 pay per month for two months, 10 days extra duty, and a reprimand.
· A staff sergeant from the 15th Airlift Squadron received an Article 15 with one specification of violating Article 86 of the UCMJ, Failure to Go, for not showing up to a medical appointment, as well as one specification in violation of Article 107 of the UCMJ, Making a False Official Statement, for stating the member had a medical appointment when he did not. The member's punishment consisted of reduction to the grade of Senior Airman, forfeiture of $1,201 pay, and a reprimand.
· A staff sergeant from the 628th Logistics Readiness Squadron received an Article 15 with one specification of violating Article 87 of the UCMJ, Missing Movement, for missing a deployment flight. The member's punishment consisted of reduction to Senior Airman suspended, and a reprimand.
· A technical sergeant from 1st Combat Camera Squadron received an Article 15 with one specification of violating Article 117 of the UCMJ, Provoking Speech or Gesture, for making inappropriate and sexual comments. The member also received one specification in violation of Article 92 of the UCMJ, Dereliction of Duty, for interrupting another Airman's crew rest. The member's punishment consisted of reduction to staff sergeant, forfeiture of $1,532 pay per month for two months suspended, and a reprimand.
· A senior airman from the 1st CTCS received an Article 15 with two specifications of violating Article 92 of the UCMJ, Failure to Obey Lawful Order, for failing to reschedule a dorm room inspection as instructed. The member's punishment consisted of reduction to airman first class, 15 days extra duty suspended, and a reprimand.
· A technical sergeant from 1st CTCS received an Article 15 with one specification of violating Article 92 of the UCMJ, Failure to Obey Lawful Order, for viewing pornographic material on a government issued laptop. The member's punishment consisted of reduction to staff sergeant suspended, 20 days extra duty, and a reprimand.