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A PUBLICATION FOR JOINT BASE SAN ANTONIO CRIME AND PUNISHMENT VOLUME I, ISSUE 2 DECEMBER 2015 NONJUDICIAL PUNISHMENT ARTICLE 15 ACTIONS grade of senior airman, forfeitures of the intent to abuse, humiliate or de- During November 2015, JBSA com- $1,175 pay per month for 2 months and grade without her consent. The mem- manders administered 21 nonjudicial a reprimand. ber received a reduction to the grade of punishment actions under Article 15 of Dereliction of duty — An Airman airman basic, forfeitures of $773 pay the UCMJ. The punishments imposed First Class was found consuming alco- per month for two months, and a repri- reflect the commander's determination hol in a motor vehicle. For this miscon- mand. of an appropriate punishment after con- duct, the member received a reduction sidering the circumstances of the of- to Airman, forfeiture of $867.00 for Underage Drinking - Four different fense and the offender's record. A two months with one month suspend- Airman First Classes in basic training "suspended" punishment does not take ed, and a reprimand. unlawfully possessed and consumed effect unless the offender engages in alcohol while under the age of 21. Each additional misconduct or fails to satisfy False Official Statement & Under- of the four members received forfei- the conditions of the suspension. The age Drinking– An Airman First Class tures of $715 pay per month for two suspension period usually lasts for six in technical training with the intent to months with one month suspended, and months unless a lesser amount is speci- deceive made a false official statement a reprimand. fied. The following are some of the to an NCO and unlawfully consumed Article 15s that closed out in Novem- alcohol under the age of 21. The mem- ber. ber received a reduction to the grade of Military Justice POCs airman, suspended forfeitures of $867 Wrongful Use of Marijuana —A pay per month for one month, thirty JBSA Lackland (671-2007) Senior Airman wrongfully used mariju- days restriction, thirty days extra duty, Capt Chris Porter (Courts) ana. The member received a reduction and a reprimand. Capt Matthew Blyth (NJP) to the grade of airman first class, forfei- TSgt Larry Wrenn tures of $583 pay per month for two AWOL & Dereliction of Duty: months with one month suspended, Willful – An Airman Basic in technical fifteen days restriction, and a repri- training failed to go to his appointed JBSA Fort Sam Houston (221-2032) mand. place of duty as prescribed and failed to Capt Enisa Dervisevic adhere to AETC Form 29B. The mem- TSgt Andrea Simmonds Dereliction of duty—An Airman ber received fourteen days restriction, First Class consumed alcohol while un- fourteen days extra duty and a repri- JBSA Randolph (652-9673) der the age of 21. For this misconduct, mand. the member received a reduction to Capt Eliot Peace Airman, forfeiture of $404.00 pay, and Assault Consummated by a Bat- Ms. Jackie Christilles a reprimand. tery & Sexual Misconduct – An SSgt Nelly Hensley Airman in basic training unlawfully Drunk and disorderly, simple as- poked two different basic trainees on sault, and false official statement the buttocks with her finger, unlawfully After Hours On-Call JAG —A Staff Sergeant overconsumed alco- touched a different basic trainee on the JBSA Lackland - 210-288-7379 hol, assaulted a civilian, and lied to a buttocks with her hand and caused bod- JBSA Fort Sam - 210-317-8738 security forces investigator. Punish- ily harm to another basic trainee by JBSA Randolph - 210-275-2453 ment consisted of a reduction to the grabbing her breast with her hand with 502 ABW/JA 2080 Wilson Way (Bldg 247) Fort Sam Houston, TX 78234 ph: 210-808-0015 Victim Witness Assistance Program Article 137, UCMJ Briefing is Required for (VWAP) All Enlisted Members (Applies to Victims of ANY Crime under UCMJ) The Article 137 briefing originates from the Uni- Program Objectives form Code of Military Justice. It outlines specific articles 1. Mitigate hardships suffered by victims and witnesses of of- within the UCMJ that must be “carefully explained” to en- fenses investigated by USAF authorities. listed members at certain times during their career. If you 2. Foster cooperation of victims and witnesses within the mili- are an enlisted member of the Armed Forces then this brief- tary criminal justice system. ing will apply to you. Article 137 states these articles must 3. Ensure best efforts are made to accord to victims of crime be explained upon entry to active duty, after a member has certain enumerated rights. completed six months of service, and at EVERY re- Definitions Applicable to VWAP enlistment. 1. Victim: person who has suffered direct physical, emotion- Your local legal office has been given the responsi- al, or financial harm as a result of an offense bility of giving this briefing and tracking when enlisted mem- 2. Witness: person who has information or evidence of a bers receive it. crime and provides it to an Air Force official 3. Offense: crime punishable under the UCMJ and commit- Fort Sam Houston - Every Wednesday at 0900 ted by a person subject to the UCMJ Comm: 210-808-0169 Responsible Parties Randolph - Every Wednesday at 1300 - All personnel involved in the military justice process must Comm: 210-652-6781 be familiar with VWAP including the Legal Office, SARC, Lackland - 1st & 3rd Friday of the Month at 1300 Airman & Family Readiness Center, Security Forces, AFOSI, Comm: 210-671-3367 Medical Group, chaplains, commanders, and first sergeants. The Fort Sam Houston briefing location is in the Victims’ Rights Fort Sam Houston SJA conference room, at 2422 Stanley 1. Fairness and respect for their dignity and privacy Road, Bldg. 134. The Randolph briefing location is in the 2. Reasonable protection from a suspect or accused Randolph SJA deliberation room, at 1 Washington Circle, 3. Notification of all court-martial proceedings Suite 6. The Lackland briefing location is in the Lackland 4. Presence at all public court-martial proceedings SJA courtroom, at 1701 Kenly Avenue, Building 2484, Ste 5. Confer with trial counsel in the case 106. 6. Appropriate restitution, when available 7. Information about an accused’s conviction, sentencing, con- Nonjudicial Punishment Q & A: finement and release Q: Who can serve an Article 15 on a member if the 8. At SECAF’s discretion, an opportunity to make a personal initiating commander is unavailable? appearance at a clemency/parole board A: After a commander has decided to offer an Article 15 to a VWAP Coordinators at Joint Base San Antonio: member, he/she may direct a subordinate, senior in rank to Ms. Melinda Smith, 502 ISG/JA, DSN 473-3365 the member (when practicable), to notify and serve the Mr. Chad Haugse, 502 FSG/JA, DSN 420-0169 member with the Article 15. Mr. LaMarr Queen, 502 SFLSG/JA, DSN 487-6781 Reference: AFI 51-201, Chapter 7 COURTS-MARTIAL AT JBSA US v. TSgt Gill, 959 Inpatient Operations Squadron, JBSA-Ft Sam Houston, Texas, was tried by a general court-martial consisting of officer and enlisted members on 16-23 November 2015 at JBSA-Randolph, Texas. TSgt Gill was acquitted of all charges and specifications (rape in violation of Article 120; aggravat- ed assault and assault consummated by a battery in violation of Article 128; and communicating a threat in violation of Article 134). All courts-martial are open to the public. Visit our USAF Public Docket website at http://www.afjag.af.mil/docket/index.asp.
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