Military Justice Spotlight

  • Published
  • By 23d Wing Legal office
The following information is a summary of Non-Judicial Punishments given by commanders
under Article 15 of the Uniform Code of Military Justice (UCMJ) in the third quarter of 2013. The punishments are determined based on the individual facts and circumstances of each case.

On Sept. 20, 2013, a senior airman from the 820th Combat Operations Squadron was court-martialed for touching a female Airman's breast through her clothing while she was so intoxicated she was unable to consent. He then removed her clothing and tried to have sex with her. Both offenses occurred in August 2012. For these offenses, he was found guilty of abusive sexual contact and of an attempted sexual assault. This senior airman was, however, found not guilty of violating a specific order related to his conduct that evening. For his crimes, which were in violation of Articles 120 and 80 of the Uniform Code of Military Justice, members at a general court-martial sentenced him to a reduction to the grade of E-1 and a bad-conduct discharge. If not for the timely intervention of other Moody airmen, the offenses could have been much worse.

A master sergeant from the 23d Force Support Squadron conspired with members of the fitness center to falsify his or her physical training (PT) test to receive an excellent score. The master sergeant was punished by the group commander and received a reduction to the grade of technical sergeant and a reprimand.

A technical sergeant from the 23d FSS conspired with another member of the same squadron to falsify a PT test score. This individual signed a document stating that a person had scored an "excellent" when in fact they had not taken a PT test. The technical sergeant received a reduction to the grade of staff sergeant and a reprimand.

An airman first class from the 723d Aircraft MaitnenanceSquadron stole a bag of sea dye from the Air Force and threw it into the pool of a friend's apartment complex. Additionally, the airman first class lied to the first sergeant when questioned about the incident. The airman first class received a reduction to the grade of airman, forfeiture of $20 pay, 20 days of extra duty and a reprimand.

An airman first class from the 824th Base Defense Squadron hurt his arm playing football and could not get ahold of any legal pain killers, so the Airman wrongfully used marijuana to ease the pain. The airman first class received a reduction to the grade of airman, 30 days extra duty and a reprimand. Additionally, because the Department of Defense has zero-tolerance policy on drug abuse, the Airman was discharged from the Air Force shortly afterward.

A technical sergeant from the 38th RescueSquadron failed to properly store munitions and failed to properly obtain permission to conduct a live-fire training on a range that was not certified for Air Force use. The technical sergeant received a suspended reduction to the grade of staff sergeant, forfeiture of $250 per month for two months, 30 days extra duty and a reprimand.

A senior airman from the 23d AMXS did not show up to his Weighted Airman Promotion System test. The senior airman received a reduction to airman first class and a reprimand.

An airman first class from the 723d Aircraft Maintenance Squadron failed to go to his appointed place of duty at the time prescribed. The airman first class received a reduction to the grade of airman, 10 days extra duty and a reprimand.

A senior airman from the 71st Rescue Squadron showed up more than an hour and a half late for work. The senior airman received a reduction to airman first class, suspended forfeiture of $500 pay per month for two months and a reprimand.

A staff sergeant from the 23d AMXS grabbed his wife and pushed her to the ground. Afterward, the staff sergeant fled the scene of the incident and did not return until the police were there. The staff sergeant received a reduction to the grade of senior airman and a reprimand.

A second lieutenant from the 23d Equipment Maintenance Squadron was arrested for driving under the influence and was charged under Article 111 of the UCMJ. For these actions the second lieutenant forfeited $1,200 pay per month for 2 months and received a reprimand.

A senior airman from the 23d Communications Squadron used his Government Travel Card to pay expenses unrelated to government travel. For this offense the senior airman had a punishment imposed of a suspended reduction to airman first class, forfeiture of $1,007 pay, 15 days extra duty and a reprimand.

An airman first class from the 723d AMXS did not obey an order directed by a security forces member. The airman first class received a suspended reduction to the grade of airman, forfeiture of $200 pay, 10 days extra duty and a reprimand.

A senior airman from the 23d EMS was disrespectful to a senior NCO and a commissioned officer by using profane language toward them. The senior airman received a suspended reduction to the grade of airman first class, forfeiture of $225 pay per month for two months, 30 days extra duty and a reprimand.

A senior airman from the 824th BDS did not go to a required place of duty at the time required. Additionally, the senior airman rode a motorcycle without attending and completing an approved Motorcycle Rider Education Course. The senior airman received a reduction to the grade of airman first class and a reprimand.

A staff sergeant from the 23d CS did not attend a mandatory squadron formation. For this offense the staff sergeant received a reduction to the grade of senior airman, suspended forfeiture of $1,152 pay and a reprimand.

An airman first class from the 723d AMXS did not go to a required place of duty. For this offense the airman first class received a suspended reduction to the grade of airman, forfeiture of $200 pay, seven days of extra duty, suspended and a reprimand.

A technical sergeant from the 23d Wing Staff Agency fell asleep while on duty. Additionally, the technical sergeant failed to ensure that the position was continually manned, as it was his or her duty to do. For this offense the technical sergeant received a reduction to the grade of staff sergeant, suspended forfeitures of $500 pay and a reprimand.

A staff sergeant from the 824th BDS failed to obey a lawful regulation and consumed alcohol within eight hours prior to performing duty. For this offense the staff sergeant received a suspended reduction to senior airman, forfeiture of $200 per month for two months with one month suspended, 14 days extra duty and a reprimand.

An airman first class from the 823d Base Defense Squadron absented himself from a required place of duty. For this offense the airman first class received a reduction to airman with a suspended reduction to airman basic, 21 days of extra duty with seven days suspended and a reprimand.

A staff sergeant from the 23d Security Forces Squadron did not maintain a professional attitude while performing his duties as a security forces member. For this offense he received a reduction to the grade of senior airman and a reprimand.

An airman first class from the 23d Maintenance Operations Flight (MOF) wrongfully used Percocet, a schedule II controlled substance. For misusing a prescription drug the airman first class received a reduction to the grade of airman, seven days extra duty and a reprimand.

An airman first class from the 23d MOF distributed Percocet, a schedule II controlled substance, to a fellow airman. For this offense the airman first class received a reduction to the grade of airman, seven days extra duty and a reprimand.
The following information is a summary of administrative discharges in the third quarter of 2013. The 23d WG commander (CC) or 9th Air Force/CC makes final decision on administrative discharges.

An airman from 23d AMXS drank so much alcohol he passed out after incorrectly setting a microwave, resulting in a fire in the dormitory. Additionally, the airman had failed to adequately perform his duties. The airman was discharged for minor disciplinary infractions with an under honorable conditions (general) service characterization.

An airman first class from 23d Logistics Readiness Squadron failed to be at work on three different occasions, did not have his flightline badge available at work and lied to an NCO. Additionally, the airman first class was caught driving 72 mph in a 45 mph zone which resulted in a letter of reprimand and a traffic citation by Lowndes County Sheriff's Office. The airman first class was discharged from the Air Force for minor disciplinary infractions with an under honorable conditions (general) service characterization within 13 days of being notified of the discharge.

A senior airman from 23d CS did not show to work on two different occasions, failed to show to squadron PT then lied to his supervisor when questioned, and did not follow the proper chain of command when the senior airman e-mailing his or her functional about training issues. Due to the senior airman's minor disciplinary infractions, he was discharged with an under honorable conditions (general) service characterization.

An airman from 23d Logistics Readiness Squadron fell asleep on duty two different days. The airman was late to work three different times and failed to properly sign out a tool box. Because of these minor disciplinary infractions, the airman was discharged with an under honorable conditions (general) service characterization.

An airman first class from 23d CS provided alcohol to a minor and also smelled strongly of alcohol at squadron PT. The airman first class also frequently reported late to work and failed to follow orders. For these minor disciplinary infractions, the airman first class was discharged with an under honorable conditions (general) service characterization.

A senior airman from 822d Base Defense Squadron failed to use the proper chain of command, go to work on time and go to a scheduled medical appointment. The senior airman was delinquent on payments to seven different companies totaling around $900and failed to have vehicle insurance coverage. All these minor disciplinary infractions caused this senior airman to be discharged with an under honorable conditions (general) service characterization.

An airman from 723d AMXS disrespected an NCO by using improper language and failed to clean their dorm room after being repeatedly ordered to do so. This airman also had sexual intercourse with a woman who was not his wife, was arrested by civilian law enforcement officials for simple battery of his spouse, and failed to stop criminal activity. He has since been discharged.

An airman first class from 824th BDS was discharged from the Air Force because he smoked marijuana.

An airman first class from 23d Logistics Readiness Squadron failed his fitness assessment a total of five times in his brief military career and was discharged.

A senior airman from 723d AMXS failed five fitness assessments. The senior airman was demoted from staff sergeant because of the third failed fitness assessment.

A technical sergeant from 823d BDS failed 10 fitness assessments. An administrative demotion was completed to remove the technical sergeant from the rank of master sergeant. This technical sergeant was discharged.

A technical sergeant from 23d Component Maintenance Squadron failed17 fitness assessments since 2004 and was discharged despite having completed17 years of service.