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June 20, 2013

May 2013 Crime and Punishment

355th Fighter Wing Judge Advocate

During May 2013, D-M commanders administered six Non-judicial 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 last for six months unless a lesser amount is specified.

Failure to Go – A Technical Sergeant received a reduction to the grade of Staff Sergeant.

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 30 days of extra duty.

Dereliction of Duty – A Staff Sergeant received a reduction to the grade of Senior Airman, and reprimand.

Failure to Go and Drunk and Disorderly Conduct - An Airman Basic received restriction to duty for 45 days, 45 days of extra duty, and a reprimand.

Dereliction of Duty – A Senior Airman received a suspended reduction to the grade of Airman First Class, forfeiture of $500 pay per month for 2 months, 30 days extra duty, and a reprimand.

Dereliction of Duty – A Staff Sergeant received a reduction to the grade of Senior Airman, forfeitures of $500 pay per month for 2 months, and 15 days extra duty.

Article 15 Metrics:

D-M 80% Compliant in Feb.

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

NJP Top 3 Offenses May 2013

1. Dereliction of Duty

2. Failure to Obey a Lawful Order or Regulation

3. Failure to Go

DUIs at D-M
2012 2013
355 MXG 12 5
355 MSG 12 0
355 FW 0 0
355 MDG 2 0
355 OG 1 0
12 AF 3 3
TENANTS 10 8
DMAFB TOTAL 40 20

 

Year to date as of May 2013

Courts-martial: All courts-martial are open to the public.

Airman First Class Spencer T. Joseph, 355th Component Maintenance Squadron, was tried by special court-martial May 20, 2013. He was charged with larceny, in violation of the UCMJ Article 121. A1C Joseph plead guilty to the charge and was sentenced by a military judge to 60 days confinement, reduction to the grade of E-1, and forfeiture of $675 pay per month for 2 months.

Airman First Class Christen A. Allison, 355th Component Maintenance Squadron, was tried by summary court-martial May 23, 2013. He was charged with being absent without leave, in violation of the UCMJ Article 86. A1C Allison plead guilty to the charge and was sentenced by the Summary Court Officer to confinement for 8 days, forfeiture of $490 pay per month for 1 month, and reduction to the grade of Airman Basic.

12 ADMINISTRATIVE DISCHARGES THIS MONTH 

During the month of May, D-M commanders completed 12 administrative discharge actions. Of the actions, 10 were notification discharges and two were discharges for members who were board eligible but waived their right to a board hearing.

Of the 12 discharges, 5 were for Drug Abuse, 2 were for Failure to Meet Minimum Fitness Standards, 2 were for Conditions that Interfere with Military Service, 1 was for Minor Disciplinary infractions, 1 was for a Pattern of Misconduct, and 1 was for Commission of a Serious Offense.

ELIMINATION OF THE RETURN TO DUTY PROGRAM 

The Secretary of the Air Force has directed that the current in-residence Return to Duty Program (RTDP) be eliminated by the end of the fiscal year. Therefore, in order to ensure candidates have sufficient time to com-plete the current program, no new candidates will be accepted after May 31, 2013.

As of Sept. 30, 2013, the in-residence RTDP will cease to exist and will be replaced by a different process which will likely allow select airmen an opportunity to have their punitive discharge changed to an administrative discharge (general or honorable). Airmen will not be returned to active duty. The new process is still in its draft phase. AFI 31-205, Air Force Corrections, is currently being re-written and will provide details and instructions on this new process.

If you have any questions about the elimination of the return to duty program please do not hesitate to contact the legal office at DSN 228-3162.




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