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Gonzalez & Waddington – Attorneys at Law

By Joint Base San Antonio Legal Offices Joint Base San Antonio Legal Offices

JOINT BASE SAN ANTONIO, Texas  –  Feb. 21, 2019

The Joint Base San Antonio Judge Advocate General completed three Air Force courts-martial in the month of December 2018. The results of a court-martial are not final until the clemency and/or appeals process is completed.

All courts-martial are open to the public and upcoming courts-martial can be viewed at the U.S. Air Force Judge Advocate General’s website.

An airman first class from the 382nd Training Squadron at JBSA-Fort Sam Houston was tried by a general court-martial Dec. 3-8, 2018, at JBSA-Lackland. The airman was tried by a panel of officer and enlisted members on one specification of sexual assault in violation of Article 120 of the Uniform Code of Military Justice. The airman was acquitted of the charge and specification.

An airman first class from the 959th Inpatient Operations Squadron at JBSA-Lackland was tried by a summary court-martial Dec. 7, 2018 at JBSA-Lackland. The A1C was tried by a summary court officer on one specification of wrongful use of morphine, one specification of wrongful use of methamphetamine and one specification of wrongful possession of heroin in violation of Article 112, UCMJ; and one specification of larceny in violation of Article 121, UCMJ. The airman pled and was found guilty of all charges and specifications and was sentenced to the maximum punishment of 30 days confinement, forfeiture of $500 pay per month for one month, reduction to the grade of airman basic and a reprimand.

An airman basic from the 344th Training Squadron at JBSA-Lackland was tried by general court-martial Dec 17-21, 2018 at JBSA-Lackland. The airman was tried by a panel of officers and enlisted members of two specifications of sexual assault and one specification of abusive sexual contact in violation of Article 120, UCMJ. The airman was found guilty of all specifications and was sentenced to two years confinement, forfeiture of $819 pay per month for six months and a dishonorable discharge.

From December 2018 to January 2019, JBSA Army and Air Force commanders administered a number of non-judicial punishment actions under Article 15 of the Uniform Code of Military Justice.

The punishments imposed reflect the commander’s determination of an appropriate punishment after considering the circumstances of the offense and the offender’s record. Officers may not be reduced in rank as a punishment.

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 report, dereliction of duty, disobeying a noncommissioned officer: An army private first class was found guilty of one specification of failure to report, one specification of making a false official statement, two specifications of dereliction of duty and two specifications of disobeying a noncommissioned officer. The Soldier was reduction to private, had a forfeiture of $219.50 for one month, extra duty for 14 days and received an oral reprimand.

Disobeying a commissioned officer; violating a general order: An Army sergeant was found guilty of one specification of disobeying a commissioned officer and one specification of violating a general policy. The sergeant received the following punishment: reduction to specialist, extra duty for 45 days and an oral reprimand.

Wrongful use of a controlled substance: An Army sergeant was found guilty of one specification of wrongful use of an illegal substance. The sergeant was reduced to specialist.

Dereliction of duty: An Army specialist was found guilty of two specifications of dereliction of duty. The specialist received the punishment of extra duty for seven days, as well as restriction to the limits of company area, dining/medical facility, and place of worship for seven days.

Willful dereliction of duty & adultery: A staff sergeant willfully failed to refrain from engaging in an unprofessional relationship, willfully failed to refrain from having sexual intercourse with a woman who was not the member’s wife and willfully failed to refrain from sending unprofessional communications to six individuals. The member received a reduction to the grade of senior airman, forfeiture of $1,298 pay per month for two months (suspended), 15 days extra duty and a reprimand.

Willful dereliction of duty: An airman first class in technical training willfully violated the gender integration policy by having sexual intercourse in a common area restroom. The member received a reduction to the grade of airman, forfeiture of $918 pay per month for two months, restriction to base for 14 days, and a reprimand.

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Willful dereliction of duty: An airman first class in technical training willfully consumed alcohol while underage. The member received a reduction to the grade of Airman suspended, forfeiture of $344 pay per month for one month, and a reprimand.

Willful dereliction of duty: An airman basic in technical training willfully consumed alcohol while underage. The member received forfeiture of $757 pay per month for two months with one month suspended and a reprimand.

Willful dereliction of duty and obstruction of justice: An airman basic in technical training willfully wore civilian clothes while in Phase I of training, willfully consumed alcohol while underage and threatened other Airmen. The member received forfeiture of $757 pay per month for two months, with forfeitures in excess of $410 (suspended) and a reprimand.

Willful dereliction of duty: An airman basic in technical training willfully consumed alcohol while underage. The member received forfeiture of $819 pay per month for two months, with forfeitures in excess of $344 (suspended) and a reprimand.

Failure to go: An airman first class failed to report to an appointment on time. The member received a reduction to the grade of airman (suspended), restriction to base for 30 days and a reprimand.

Willful dereliction of duty: An airman basic in technical training willfully consumed alcohol while underage. The member received forfeiture of $918 pay per month for two months (with one month suspended) and a reprimand.

Willful dereliction of duty: An airman in technical training willfully possessed a weapon in the dormitories. The member  received an action consisting of forfeiture of $918 pay per month for one month.

Courts-martial, crime and punishment at Joint Base San Antonio

By 502nd Air Base Wing Legal Office & Army Support Activity Office of the Staff Judge Advocate 502nd Air Base Wing Legal Office & Army Support Activity Office of the Staff Judge Advocate

During the months of March and April 2019, Joint Base San Antonio Air Force and Army commanders administered a variety of non-judicial punishment actions under Article 15 of the Uniform Code of Military Justice.

The punishments imposed reflect the commander’s determination of an appropriate punishment after considering the circumstances of the offense and the offender’s record. Officers may not be reduced in rank as a punishment.

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 six months unless a lesser amount is specified.

The following are some of the non-judicial punishment actions that closed out during the months of

Failure to Report, Disobeying a NCO: An Army specialist was found guilty of four specifications of failure to report and one specification of disobeying a noncommissioned officer. The specialist was reduced to private first class; received extra duty for 12 days; and was restricted to the limits of company area, dining/medical facility, and place of worship for 12 days.

Driving Under the Influence, Drinking while Underage, Speeding: An Army private (E-2) was found guilty of one specification of drunken operation of a vehicle, one specification of drinking while under the age of 21 and one specification of driving at a speed greater than the posted speed limit. The private was reduced to private (E-1); received extra duty for 45 days; was restricted to the limits of company area, dining/medical facility, and place of worship for 45 days; and received an oral reprimand.

Failure to Report, Violating a General Regulation: An Army private (E-2) was found guilty of one specification of failure to report and one specification of violating a general regulation. The private received extra duty for 7 days; was restricted to the limits of company area, dining/medical facility, and place of worship for 7 days; and received an oral reprimand.

Violating a General Regulation, Assault: An Army specialist was found guilty of one specification of violating a general regulation and one specification of assault. The specialist was reduced to private first class; received extra duty for 30 days; was restricted to the limits of company area, dining/medical facility, and place of worship for 45 days; and received an oral reprimand.

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Failure to Report: An Army specialist was found guilty of two specifications of failure to report. The specialist was reduced to private first class and received extra duty for 20 days.

Wrongful Use of an Illegal Substance: An Army specialist was found guilty of one specification wrongful use of an illegal substance and was reduced to private first class.

Violating a General Regulation: An Army private (E-2) was found guilty of one specification of violating a general regulation and was reduced to private (E-1); received extra duty for 30 days; and received an oral reprimand.

Violating a General Regulation: An Army specialist was found guilty of one specification of violating a general regulation and was reduced to private first class; received extra duty for 45 days; and received a written reprimand.

Courts-martial, crimes, and punishment at Joint Base San Antonio

By Joint Base San Antonio Legal Offices Joint Base San Antonio Legal Offices

The Joint Base San Antonio Judge Advocate General completed three Air Force courts-martial in the month of December 2018. The results of a court-martial are not final until the clemency and/or appeals process is completed.

All courts-martial are open to the public and upcoming courts-martial can be viewed at the U.S. Air Force Judge Advocate General’s website at afjag.af.mil/docket/index.asp.

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