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May 25, 2012

First quarter 2012 disciplinary actions

by AFFTC Judge Advocate

In the first quarter of 2012, several military justice actions occurred at Edwards Air Force Base. They are described below.

Courts-Martial

Over the July 4th weekend in 2011, a senior airman traveled to Phoenix, Ariz., and purchased and used various controlled substances. He brought the items back to his dormitory at Edwards AFB, where they were found during a dormitory inspection. The senior airman was convicted last April by a General Court-Martial of Wrongful Use of Heroin; Wrongful Use of Buprenorphine; and Wrongful Possession of Alprazolam, all in violation of Article 112a, Uniform Code of Military Justice. He was sentenced by a military judge to a Bad Conduct Discharge, six months confinement, total forfeitures of all pay and allowances, and a reduction to E-1.

Non-judicial Punishment

The following Article 15s were processed at Edwards during the first quarter of 2012.

  • An airman first class failed to obey a lawful written order in violation of Article 92, UCMJ. The commander imposed the following punishment: Reduction to the grade of airman, suspended forfeiture of $835.00 pay per month for 2 months and a reprimand.
  • A staff sergeant failed to obey a lawful general regulation in violation of Article 92, UCMJ and committed an assault consummated by battery in violation of Article 128, UCMJ. The commander imposed the following punishment: Reduction to the grade of senior airman, suspended forfeitures of $1,181.00 pay per month for 2 months, 15 days extra duty and a reprimand.
  • A senior airman solicited another airman to make a false official statement in violation of Article 134, UCMJ. The commander imposed the following punishment: Reduction to airman First Class, suspended forfeiture of $990.00 pay per month for 2 months, and a reprimand.
  • A senior airman failed was derelict in the performance of his duties by culpable inefficiency on two occasions, both in violation of Article 92, UCMJ. The commander imposed the following punishment: Reduction to the grade of airman first class, suspended forfeiture of $485.00 pay per month for 2 months, and a reprimand.
  • An airman first class was willfully derelict in performance of his duties in violation of Article 92, UCMJ. The commander imposed the following punishment: Reduction to the grade of airman basic, forfeiture of $250.00 pay per month for 2 months, 30 days extra duty and a reprimand. The suspended reduction in rank was later vacated.
  • An airman first class disobeyed a lawful written order in violation of Article 92, UCMJ. The commander imposed the following punishment: Suspended reduction to the grade of airman, forfeiture of $418.00 pay, 21 days extra duty and a reprimand. The suspended reduction in rank was later vacated.
  • A senior airman operated a vehicle recklessly in violation of Article 111, UCMJ. The commander imposed the following punishment: Suspended reduction to the grade of airman first class, forfeiture of $990.00 pay per month for 2 months, 15 days extra duty and a reprimand.
  • A senior airman committed adultery in violation of Article 134, UCMJ. The commander imposed the following punishment: Reduction to the grade of airman first class and a reprimand.
  • An airman first class violated a lawful order in violation of Article 92, UCMJ and was drunk and disorderly in violation of Article 134, UCMJ. The commander imposed the following punishment: Suspended reduction to the grade of airman basic, 30 days extra duty and a reprimand.
  • An airman first class was drunk and disorderly in violation of Article 134, UCMJ. The commander imposed the following punishment: Suspended reduction to the grade of airman, 30 days extra duty and a reprimand.
  • A senior airman was willfully derelict in the performance of her duties in violation of Article 92, UCMJ. The commander imposed the following punishment: Suspended reduction to the grade of airman first class, 30 days restriction to Edwards Air Force Base and a reprimand.

Non-judicial punishment is a tool that provides commanders with an essential and swift means of maintaining good order and discipline. It also promotes behavior changes in service members without the stigma of a court-martial conviction

A suspension is the postponement of the application of all or part of the punishment for a specific probationary period. The punishment will be automatically remitted at the end of that period, if the member does not violate the conditions of his or her suspension or any other article of the UCMJ. If the conditions of the suspension are violated, or the member commits another UCMJ violation, then the commander may vacate the suspension and execute the original punishment. The commander may also choose to initiate additional disciplinary action based on the new misconduct.




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