Events

October 18, 2012

September 2012 Crime and Punishment

355th Fighter Wing Judge Advocate

Courts-martial:

All courts-martial are open to the public. Visit our USAF Public Docket website at http://www.afjag.af.mil/docket/index.asp.

Airman Basic Joshua Briggs, 355th Equipment Maintenance Squadron, was tried by special court-martial on 12 September 2012. He was charged with using heroin on more than one occasion in violation of UCMJ Article 112(a). Airman Briggs pled guilty to the charge. He was sentenced by a judge to 90 days confinement and a bad conduct discharge.

Thirteen administrative discharges this month

During the month of August 2012, D-M commanders completed 13 administrative discharge actions. Of the actions, eight were notification discharges, four were board hearing waivers and one requested a board.

Of the notification discharges, two were for minor disciplinary infractions, three were for drug abuse, two were medically based and one was for physical training failure.

Article 15 actions:

During August 2012, D-M commanders administered 11 Nonjudicial Punishment actions under Article 15 of the Uniform Code of Military Justice. The punishments imposed reflect the commander’s determination of an appropriate punishment after considering the circumstances of the offense and the offender’s record. A “suspended” punishment does not take effect unless the offender engages in additional misconduct or fails to satisfy the conditions of the suspension. The suspension period usually lasts for six months unless a lesser amount is specified.

-Failure to obey (sleeping on post) – An airman first class received a suspended reduction to the grade of airman and a reprimand.

-AWOL – A senior airman received a reduction to the grade of airman with reduction below the grade of airman first class suspended, forfeiture of $250 pay, 10 days extra duty, and a reprimand.

-Failure to obey (Spice) – A senior airman received a reduction to the grade of airman with reduction below the grade of airman first class suspended, 45 days extra duty, and a reprimand.

-Cruelty, maltreatment, and assault x 2 – A technical sergeant received a suspended reduction to the grade of staff sergeant, forfeitures of $250 pay per month for two months, and a reprimand.

-Dereliction of duty – A technical sergeant received a suspended reduction to the grade of staff sergeant and a reprimand.

-Failure to obey – A master sergeant received a reduction to the grade of sergeant and a reprimand.

-Failure to obey and drunk on duty – A senior airman received a suspended reduction to the grade of airman first class and 30 days extra duty.

-False official statement – An airman first class received 45 days extra duty and a reprimand.

Article 15 Metrics: D-M 90 percent compliant

The Air Force metric is to process 80 percent of all Article 15s within 30 calendar days.

Article 15 Q&A:

Q: Can a member be found “not guilty” if they accept an Article 15?

A: Yes. A member’s acceptance of an Article 15 is not an admission of guilt. When accepting an Article 15, a member is choosing to have their commander, rather than a judge or jury, hear the case. After the member has an opportunity to respond, the commander must evaluate all the evidence and find the member guilty or not guilty.

DUIs on D-M:

Squadron 2011 2012

355 MXG 27 7

355 MSG 9 9

355 FW 0 0

355 MDG 0 1

355 OG 1 0

12 AF 3 0

TENANTS 12 5

D-M AFB TOTAL 52 22

* Current as of Sept. 30, 2012

Of the board entitled cases, the one board hearing was for discreditable involvement with military or civil authorities. The remaining board waivers included three PT failure cases and one case of conduct prejudicial to good order and discipline.

Discharge metrics compliance

Davis-Monthan made the metric in 100 percent of notification discharges in September. Davis-Monthan made the metric in 40 percent of the combination of board waivers and board hearing cases in September.




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