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July 11, 2013

June 2013 Crime and Punishment

355th Fighter Wing Judge Advocate

ARTICLE 15 ACTIONS

During June 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.

Dereliction of Duty – A staff sergeant received a reduction to the grade of senior airman, suspended forfeitures of $1,152 pay per month for two months, 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, suspended forfeiture of $1,007 pay per month for one month, 15 days extra duty suspended, and a reprimand.

Assault – A technical sergeant received a reduction to the grade of staff sergeant, 15 days of extra duty, and a reprimand.

Failure to Obey a Lawful Order – An airman first class received a suspended reduction to the grade of airman, suspended forfeitures of $396 pay per month for one month, and 20 days of extra duty.

Failure to Go and Misbehavior of a Sentinel – An airman first class received a reduction to the grade of airman, suspended forfeitures of $250 pay per month for two months, and 30 days of extra duty.

Failure to Obey a Lawful Order – An airman first class received a suspended reduction to the grade of airman, and 10 days of extra duty.

Failure to Obey a Lawful Order – An airman first class received a suspended reduction to the grade of airman, 45 days of extra duty, and a reprimand.

NJP Top 3 Offenses June 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 1

355 FW 0 1

355 MDG 2 0

355 OG  1 0

12 AF 3 3

TENANTS 10 9

DMAFB TOTAL 40 19

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 First Class Fredrick L. Foster, 923rd Aircraft Maintenance Squadron, was tried by special court-martial on 25 June 2013. He was charged with drunken operation of a vehicle, in violation of UCMJ Article 111. A1C Foster plead guilty to the charge and was sentenced by a military judge to reduction to the grade of E-2, forfeiture of $750 pay per month for 2 months, and a reprimand.

ADMINSITRATIVE DISCHARGES THIS MONTH 

During the month of June, D-M commanders completed 6 administrative discharge actions. Of the actions, 5 were notification discharges and one was a discharge for a member who was board eligible but waived her right to a board hearing.

Of the 6 discharges, 2 were for Failure to Meet Minimum Fitness Standards, 1 was for Conditions that Interfere with Military Service, 2 were for Minor Disciplinary infractions, and 1 was for Commission of a Serious Offense.

NEW AREA DEFENSE COUNSEL 

We proudly welcome Capt. Christie Jones as a new ADC at DM. She received her commission through ROTC at the University of Virginia in 2005. She originally served as an acquisitions officer before being selected to attend law school through the Air Force Funded Legal Education Program (FLEP). She graduated from Liberty University School of Law in Virginia in 2011. She served as a prosecutor at DM from 2011-2013 and has recently returned from a deployment to Afghanistan.

URINALYSIS TESTING 

There are five common situations that may require urinalysis testing: consent, probable cause, commander directed, inspection and medical care. Each situation has its own legal considerations for when it can be taken and how the results can be used.

The most common situations are commander directed urinalysis and probable cause urinalysis. A commander directed urinalysis is an order given to a member by the commander to take a urinalysis test; it is not random and is not based on probable cause. As a result, commanders are limited in what they can do with the results. The results of a commander directed urinalysis cannot be used to take UCMJ action–i.e., they cannot be used to do a court-martial or article 15. However, these results can be used for administrative purposes–LORs and administrative discharges.

A probable cause urinalysis is used when one has probable cause or “a reasonable belief illegal drugs, or drug metabolites, will be present in the individual’s urine.” To take a probable cause sample one must obtain a search and seizure authorization from a military magistrate. Probable cause urinalysis tests should always be coordinated with JAG. If you believe you have probable cause to obtain a urinalysis sample do not hesitate to contact us at 228-3166.




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