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April 18, 2013

March 2013: Crime and Punishment

355th Fighter Wing Judge Advocate

Article 15 Actions: 

During March 2013, D-M commanders administered seven Nonjudicial Punishment actions under Article 15 of the UCMJ. 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 a Lawful Order or Regulation - An Airman First Class received a reduction to the grade of Airman Basic, with reduction to the grade of Airman suspended, suspended forfeitures of $758 pay per month for 2 months, 45 days extra duty, and a reprimand.

Failure to Obey a Lawful Order or Regulation - An Airman First Class received a reduction to the grade of Airman Basic, with reduction to the grade of Airman suspended, suspended forfeitures of $758 pay per month for 2 months, 45 days extra duty, and a reprimand.

Assault - A Technical Sergeant received a suspended reduction to the grade of Staff Sergeant, 45 days extra duty and a reprimand.

Failure to Obey a Lawful Order or Regulation – An Airman First Class received a reduction to the grade of Airman Basic, with reaction to the grade of Airman suspended, 40 days extra duty, and a reprimand.

Insubordinate conduct toward a noncommissioned officer - A Airman received a reduction to the grade of Airman Basic, 45 days extra duty and a reprimand.

Dereliction of Duty - A Staff Sergeant received a reduction to the grade of Senior Airman, 15 days extra duty, and a reprimand.

Failure to Obey a Lawful Order or Regulation – An Airman First Class received a reduction to the grade of Airman Basic, with reduction to the grade of Airman suspended, forfeitures of $758 pay per month for two months and 45 days of extra duty.

Failure to Obey a Lawful Order or Regulation – An Airman First Class received a reduction to the grade of Airman Basic, with reduction to the grade of Airman suspended, forfeitures of $758 pay per month for two months and 45 days of extra duty.

Failure to Obey a Lawful Order or Regulation – An Airman First Class received a suspended reduction to the grade of Airman and 15 days of extra duty.

Failure to Obey a Lawful Order or Regulation – An Airman First Class received a reduction to the grade of Airman, suspended forfeitures of $849 pay for one month, restriction on the limits of Davis-Monthan Air Force base for 30 days, and 30 days extra duty.

Failure to Obey a Lawful Order or Regulation – An Airman First class received a suspended reduction to the grade of Airman, forfeiture of $849 pay for one month, and 30 days extra duty.

Failure to Obey a Lawful Order or Regulation and False Official Statement - An Airman First Class received a suspended reduction to the grade of Airman and a reprimand.

Failure to Obey a Lawful Order or Regulation and False Official Statement – An Airman First Class received a reduction to the grade of Airman Basic with reduction to the grade of Airman suspended, suspended forfeiture of $849 pay, and 15 days extra duty.

Courts-martial: 

All courts-martial are open to the public. If you would like to attend one, please visit our website at http://www.afjag.af.mil/docket/index.asp for more information.

1) Airman First Class Andres Escobar, 355th Aerospace Medicine Squadron, was tried by summary court-martial on March 15. He was charged with violating a lawful general order by smoking spice, in violation of UCMJ Article 92, and obstruction of justice in violation of UCMJ Article 134. Airman Escobar plead guilty to the charges and was sentenced by the Summary Court Officer to hard labor without confinement for 45 days, forfeiture of $1,101 pay per month for one month, and reduction to the grade of Airman Basic.

2) Airman Nicholas D.G. Sherman, 355th Security Forces Squadron, was tried by summary court-martial on March 21. He was charged with violating a lawful general order by smoking spice, in violation of UCMJ Article 92. Airman Sherman plead guilty to the charge and was sentenced by the Summary Court Officer to confinement for 28 days, forfeiture of $175 pay per month for one month, and reduction to the grade of Airman Basic.

3) Airman Nicholas S. Martin, 355th Security Forces Squadron, was tried by summary court-martial on March 21. He was charged with violating a lawful general order by smoking spice, in violation of UCMJ Article 92. Airman Martin plead guilty to the charged and was sentenced by the Summary Court Officer to confinement for 21 days and reduction to the grade of Airman Basic.

4) Capt. Aleck Brown, 355th Fighter Wing, was tried by general court-martial on March 19. He was charged with two specifications of assault, in violation of UCMJ Article 128. Capt. Brown plead not guilty to the charge and specifications and was found not guilty of the charge and specifications.




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