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Justice Updates Oct. 16, 2012

  • Published
  • By 20th Fighter Wing Judge Advocate
SHAW AIR FORCE BASE, S.C. --  Case 1
A special court-martial recently convened in which a 20th Security Forces member was charged with wrongfully abusing several types of prescription medication, as well as marijuana.
 
In addition to abusing drugs, the member was also charged with violating his commander's order to be restrained to base.

The Airman pled guilty to all the charges and specifications he faced. After pleading guilty, the Airman went through the sentencing portion of the trial, where his superintendent discussed the member's military record--including prior misconduct that he had been involved with.

A panel of officers was able to evaluate the Airman's service record, the testimony of the superintendent, and matters presented by the defense.

After considering all the evidence presented at trial, the member was sentenced to forfeitures of $750.00 pay per month for six months, hard labor without confinement for 45 days, and a bad conduct discharge. (The member was already serving in the grade of E-1).

This Airman was initially caught as a result of a random drug sweep in his unit, and according to base policy, had to provide follow-up urinalysis samples every month for as long as the tests came back positive. As a result of the bad conduct discharge, he will lose virtually every military and/or VA benefit he may have been entitled to had he served honorably.

Case 2
A special court-martial recently convened in which a 20th Fighter Wing Public Affairs member was charged with wrongfully using and distributing prescription medication.
The Airman pled guilty to all charges and specifications, and was sentenced at trial to a reduction to the grade of E-1, forfeiture of $800.00 pay per month for three months, and confinement for seven days.

The facts of this case are tragic not so much for what they resulted in for the member taken to court-martial, but for his friends who were on the receiving end of the distribution charges.

The member distributed the prescription medication to three of his active duty friends, two of whom were stellar performers in their units.

As a result of their drug use, each of the friends received an Article 15, and began their discharge process, which will result in a general discharge from the Air Force.

There is a common belief that prescription medication does not stay in the body for long. While it's true that such drugs don't stay in the body as long as marijuana or cocaine, it's important to realize that prescription medications are highly addictive, and still show up in urinalysis tests.

Addictive drugs lead to frequent use, which then leads to the inevitability that a member is caught through the Drug Demand Reduction Program, or by a fellow Airman who informs leadership of the problem.

Case 3

A Shaw Airman will be spending 30 days in jail as a result of not being able to show up to work on time.

This member received an Article 15 on Aug. 20, 2012 for not showing up to work on time multiple on multiple occasions, as well as having a filthy dorm room.

In that Article 15, the commander punished him with a reduction to E-1, with the reduction below E-2 suspended for six months, 30 days extra duty, and a reprimand.
Not long after he received the Article 15, the Airman again began showing up for work late.

Due to the number of times the member showed up late, and his attitude regarding his misconduct, the commander decided to take him to a summary court-martial instead of simply vacating the suspended punishment.

On Oct. 10, 2012, a summary court-martial convened, and sentenced the member to a forfeiture of $500.00 pay, as well as 30 days confinement.


Case 4

On Aug. 14, 2012, a 20th Force Support Squadron member was offered an Article 15 for showing up late to work.

The commander decided to punish the Airman by giving him a suspended reduction in rank to the grade of E-2, as well as forfeitures of $835.00 pay, 15 days extra duty, and a reprimand.

On Oct. 5, 2012, the Airman showed up late to work again, and therefore, had his suspended reduction in rank vacated.

When a suspended punishment is vacated, it means that the original punishment in place at the time of the Article 15 will take effect immediately. In this case, because the member's reduction to E-2 was suspended (he was able to maintain his grade of E-3 originally), he will now be an E-2 with a new date of rank dating back to the date of the original punishment, due to the vacation action.