Local

May 16, 2013

April 2013 Crime and Punishment

355th Fighter Wing Judge Advocate

Article 15 Actions: During April 2013, D-M commanders administered 17 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 Go and Failure to Obey a Lawful Order or Regulation – An airman received a reduction to the grade of airman basic, 15 days extra duty, and a reprimand.

Failure to Obey a Lawful Order or Regulation – A senior airman received a reduction to the grade of airman basic, with reduction below the grade of airman suspended, and 45 days extra duty.

Wrongful use of a Controlled Substance – An airman first class received a reduction to the grade of airman basic, suspended forfeitures of $758 pay per month for one month, and 45 days extra duty.

Wrongful use of a Controlled Substance – An airman first class received a reduction to the grade of airman basic, suspended forfeitures of $758 pay per month for one month, and 30 days extra duty.

Wrongful use and possession of a Controlled Substance – An airman first class received a reduction to the grade of airman basic, suspended forfeitures of $758 pay per month for one month, and 45 days extra duty.

Wrongful use of a Controlled Substance – An airman first class received a reduction to the grade of airman basic, suspended forfeitures of $758 pay per month for one month, 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, and 30 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, suspended forfeitures of $849 pay per month for one month, restriction to base for 25 days, and 25 days of extra duty.

Failure to Obey a Lawful Order or Regulation and False Official Statement – An airman first class received a reduction to the grade of airman, restriction to base for 15 days, and 45 days of extra duty.

Failure to Obey a Lawful Order or Regulation and False Official Statement – An airman received a reduction to the grade of airman basic, forfeitures of $758 pay for two months, restriction to base for 15 days, and 45 days of extra duty.

Failure to Obey a Lawful Order or Regulation and False Official Statement – An airman first class received a reduction to the grade of airman, restriction to base for 15 days, and 45 days of 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 – A senior airman received 30 days of extra duty and a reprimand.

Failure to Obey a Lawful Order or Regulation – A senior airman received a reduction to the grade of airman basic and 45 days of extra duty.

Dereliction of Duty – A staff sergeant received a reduction to the grade of senior airman, 15 days of extra duty, 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 forfeitures of $849 pay per month for one month, and 15 days of extra duty.

Failure to Go, Dereliction of Duty, and Drunk on Duty – An airman first class received a reduction to the grade of airman, suspended forfeitures of $849 pay per month for two months, 45 days of extra duty, and a reprimand.

Article 15 Metrics:

D-M 93% Compliant in April

The Air Force metric is to serve 80% of all Article 15s within 30 calendar days of discovery of the crime.

NJP Top 3 Offenses Apr 2013

1. Failure to Obey Lawful Order

2. Wrongful Use of a Controlled Substance

3. False Official Statement

 

DUIs at D-M

2012 2013

355 MXG 12 4

355 MSG 12 0

355 FW   0 0

355 MDG 2 0

355 OG 1 0

12 AF 3 2

TENANTS 10 5

DMAFB TOTAL 40 11

Year to date as of 30 Apr 13

 

Courts-martial: All courts-martial are open to the public. Visit our U.S. Air Force Public Docket website at http://www.afjag.af.mil/docket/index.asp for more information.

1) Senior Airman Shawn J. Parker, 355th Equipment Maintenance Squadron, was tried by special court-martial on 12 April 2013. He was charged with being absent without leave, in violation of UCMJ Article 86, and failure to obey a lawful order or regulation, in violation of UCMJ Article 92 by possessing and using Spice as well as misusing his government travel card. The spice charges were withdrawn due to improper rights advisements. SrA Parker plead not guilty to the charges and was sentenced by a panel of officer and enlisted members to reduction to the grade of airman basic, confinement for 42 days, and a bad conduct discharge.

Note: Once a military member is suspected of a crime, they cannot be questioned without reading them their Article 31 rights.

2) Airman First Class Robert B. Neuhoff Jr., 755th Aircraft Maintenance Squadron, was tried by summary court-martial on 23 April 2013. He was charged with drunken operation of a vehicle, in violation of UCMJ Article 111. A1C Neuhoff plead guilty to the charge and was sentenced by the Summary Court Officer to confinement for 30 days, forfeiture of $1000 pay per month for one month, and reduction to the grade of airman basic.

Questions and Answers

Q: Can a commander remove punishment from an Article 15?

A: Yes, this is called a set aside. A set aside voids the entire nonjudicial punishment action and restores any rights, privileges, pay or property affected by the punishment. A commander may not set aside punishment more than four months after the execution of the punishment, unless the commander determines unusual circumstances exist. If you have any questions, please contact the 355th Fighter Wing Legal Office.




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