Article 15s for February 2014

  • Published
  • By Base Legal Office
  • Minot Air Force Base Judge Advocate
While the vast majority of members of Team Minot will never have to experience the unfortunate process of an Article 15, it is nevertheless important for all members to understand what misconduct typically warrants an Article 15 and what corresponding punishments are available for commanders. Under the Uniform Code of Military Justice, all commanders are given the right to initiate an Article 15, and the member in question is given the right to respond before the final decision on guilt and punishment is made. If after reviewing the member's response the commander finds the military member committed the charged offense, the commander then determines the member's punishment based on the severity of the offense, the circumstances surrounding the offense, any matters in mitigation or extenuation presented by the member, as well as any previous misconduct. The maximum punishments for an Article 15 depend on the rank of the member being punished and the rank of the officer imposing punishment, however typical punishments generally include, but are not limited to, a reduction in rank, forfeiture of pay, and/or a restriction to base. For the month of February 2014, the Minot AFB Legal Office processed the following Article 15s. These examples are provided to inform commanders, and all members alike, as to the potential severity and serious nature of nonjudicial punishment.
· A Technical Sergeant from the 5th Bomb Wing received a suspended reduction in rank to Staff Sergeant and 45 days extra duty for two violations of Article 112a, Wrongful Use of a Controlled Substance, by wrongfully using his spouse's prescription pain medication, Percocet and Tylenol 3.

· A Staff Sergeant from the 5th Logistics Readiness Squadron received a reduction in rank to Senior Airman, suspended forfeiture of $1,213.00 pay per month for two months, 45 days extra duty, and a reprimand for two violations of Article 86, Failure to Go, by failing to go to his appointed place and time for both PT and his place of duty.

· A Senior Airman from the 5th Maintenance Squadron received a reduction in rank to Airman, suspended forfeiture of $858.00 pay per month for 2 months and a reprimand for one violation of Article 107, False Official Statement, by falsely stating to the unit commander at what time he stopped consuming alcohol before his next duty day, and one violation of Article 112, Drunk on Duty, by being present for duty with a BAC 0.071.

· A Senior Airman from the 5th Security Forces Squadron received a reduction in rank to Airman First Class, a suspended reduction to Airman, Suspended forfeiture of $858.00 pay per month for 2 months, 45 days extra duty and a reprimand for one violation of Article 92, Willful Dereliction of Duty, by failing to refrain from consuming alcoholic beverages while on 6-ring telephone standby.

· A Senior Airman from the 91st Security Support Squadron received a suspended reduction in rank to Airman First Class, 15 days extra duty and a reprimand for one violation of Article 92, Failure to Obey a Lawful Order, by willfully disobeying a no-contact order.
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