Titan Law: Military Justice Published Sept. 3, 2020 By 39th Air Base Wing judge advocate 39th Air Base Wing Judge Advocate INCIRLIK AIR BASE, Turkey -- STAFF JUDGE ADVOCATE’S CORNER Greetings Team Titan! In response to popular demand, our office will be providing a monthly newsletter to keep the base up-to-date on hot legal topics and the results of military justice actions. While future editions will expand beyond military justice, this month’s edition focuses almost entirely on non-judicial punishment (NJP). Since many people are unfamiliar with NJP, we briefly explain the process below. Afterward, we provide a brief synopsis of each of the 25 NJP actions completed year-to-date. Admittedly, this information makes for interesting conversation and speculation, but we also share it with the hope of deterring similar misconduct on Incirlik Air Base. In particular, please note the significant correlation between alcohol abuse and misconduct. WHAT IS NONJUDICIAL PUNISHMENT? NJP is a forum in which Commanders offer alleged offenders a choice between administrative action or court-martial. Once a member is offered NJP they are provided three resources: (1) the evidence alleging they have committed a crime; (2) an appointment with an attorney, the Area Defense Counsel (ADC); and (3) three duty days to respond (extensions may be requested). At the conclusion of the three duty days, the member makes elections which includes: a written response to the offer of NJP, an opportunity for a personal appearance (public or private), and the option to waive their right to trial by court-martial. Assuming acceptance, the Commander then decides punishment after reviewing the offender’s response. The punishment imposed is based upon the circumstances surrounding the offense and offender’s record. Punishment varies depending on the rank of the commander offering NJP and the rank of the offender. After being notified of their punishment, the offender may submit an appeal to alleviate the punishment. Once the member’s appeal is approved or denied, the initiating commander makes a decision to file the NJP in the offender’s Unfavorable Information File (UIF). After the conclusion of NJP, depending on the circumstances, an involuntary separation through administrative discharge may be considered. ADVISEMENT OF RIGHTS (FOR MILITARY PERSONNEL) “I am ____(grade, if any, and name), a member of the (Air Force Security Police/AFOSI). I am investigating the alleged offense(s) of___ of which you are suspected. I advise you that under the provisions of Article 31, UCMJ, you have the right to remain silent, that is, say nothing at all. Any statement you make, oral or written, may be used as evidence again you in a trial by courts-martial or in other judicial or administrative proceedings. You have the right to consult a lawyer and to have a lawyer present during this interview. You have the right to military legal counsel free of charge. In addition to military counsel, you are entitled to civilian counsel of your own choosing, at your own expense. You may request a lawyer at any time during this interview. If you decide to answer questions, you may stop the questioning at any time. Do you understand your rights? Do you want a lawyer? (If the answer is yes, cease all questions at this point). Are you willing to answer questions?” JANUARY 2020 -- Four NJPs - A Master Sergeant had grabbed another person without prior consent during a night out. The member was charged with assault under Article 128, UCMJ. The member received a reduction to the grade of Technical Sergeant (suspended), seven extra duty days, and a reprimand. - An Airman assaulted their significant other on multiple occasions, disobeyed commander’s order to cease all contact (physical, verbal, written) with the significant other, and disobeyed direct orders from a noncommissioned officer within their chain of command. The member was charged with willfully disobeying a superior commissioned officer, insubordinate conduct toward a noncommissioned officer, and assault under Articles 90, 91, and 128, UCMJ, respectively. The member received a reduction to the grade of Airman Basic, 10 extra duty days, and a reprimand. The member was also involuntarily separated through the administrative discharge process. - A Senior Airman drunkenly made inappropriate comments to a group of individuals. When asked to leave, member became aggressive and assaulted another individual. The member was charged with failure to obey order or regulation, assault, and drunk and disorderly conduct under Articles 92, 128, and 134, UCMJ, respectively. The member received a reduction to the grade of Airman First Class, a reduction to the grade of Airman (suspended), and a reprimand. The member was also involuntarily separated through the administrative discharge process. - An Airman First Class operated a vehicle while drunk and fled the scene after colliding with a parked electric scooter. The member was charged with leaving the scene of a vehicle accident and drunken operation of a vehicle under Articles 111 and 113, UCMJ, respectively. The member received a reduction to the grade of Airman, reduction to the grade of Airman Basic (suspended), and a reprimand. This member lost driving privileges on base. FEBRUARY 2020 -- Six NJPs - A Senior Airman operated a vehicle while drunk, crashed the vehicle into a concrete barrier, and fled the scene. The member was charged with leaving the scene of a vehicle accident and drunken operation of a vehicle under Articles 111 and 113, UCMJ, respectively. The member received a reduction to the grade of Airman first class, reduction to grade of Airman Basic (suspended), 14 extra duty days, and a reprimand. This member lost driving privileges on base. - A report was made indicating a potential fight. When Security Forces arrived on scene, a Senior Airman was drunk, yelled profanities, and behaved in a disrespectful manner towards the responders. They were charged with disrespectful language toward a sentinel, disrespectful behavior toward a sentinel, and drunk and disorderly conduct under Articles 95 and 134, UCMJ, respectively. They received a reduction to the grade of Airman First Class (suspended), forfeiture of $332, and a reprimand. - A Senior Airman and an Airman First Class engaged in a fight with two other Airman First Class. All parties involved were charged with assault and drunk lasts for six months unless a lesser amount is specified and disorderly conduct under Articles 128, and 134, UCMJ, respectively. The Senior Airman received a reduction to the grade of Airman First Class (suspended), 14 extra duty days, forfeiture of $1,151, and a reprimand. - One Airman First Class received a reduction to the grade of Airman (suspended), 14 extra duty days, forfeiture of $971, and a reprimand. The other two Airmen received seven extra duty days, forfeiture of $575, and a reprimand. MARCH 2020 -- Two NJPs - A Staff Sergeant was reported to Air Force Office of Special Investigations (AFOSI) for sharing explicit images of a former intimate partner and arriving at said- partner’s living quarters unannounced and without consent. The member was charged with wrongful broadcast of intimate images of another and stalking under Articles 120 and 130, UCMJ, respectively. The member received a reduction to the grade of Senior Airman, forfeiture of $1,373 for two months, and a reprimand. The member was involuntary separated through the administrative separation process. - A Senior Airman assaulted their intimate partner. The member was charged with assault under Article 128, UCMJ. The member received a reduction to Airman, reduction to Airman Basic (suspended), and a reprimand. APRIL 2020 -- Four NJPs - An Airman Basic on Temporary Duty Travel (TDY) consumed alcohol while under the legal age limit for the TDY location. The member was scheduled for a medical appointment and failed to arrive. Further, the member lied to a supervisor about attending that appointment. The member was charged with failure to go, failure to obey regulation, false official statement, and drunk and disorderly under Articles 86, 92, 107, and 134, UCMJ, respectively. The member received a reprimand and suspension of driving privileges. - A Staff Sergeant grabbed, pulled, and pushed a prior intimate partner before breaking into said-partner’s living quarters through destruction of locking mechanism and stealing a listening device (AirPods). The member was charged with damage to government property, larceny, burglary, and assault under Articles 108, 121, 129 and 128, UCMJ, respectively. The member received a reduction to the grade of Senior Airman, 45 extra duty days, forfeiture of $347, and a reprimand. - A Senior Airman was stopped by Turkish Authorities and later discovered to have been driving under the influence of alcohol. The member was charged with drunken operation of a vehicle under Article 113, UCMJ. The member received a reduction to grade of Airman First Class (suspended), forfeiture of $500 per month for two months, and a reprimand. - An Airman was stopped by 39th SFS patrolmen for suspicion of driving while under the influence of alcohol. The member admitted to drinking alcohol, consented to Standardized Field Sobriety Tests (SFSTs), and search of blood, breath, and urine. The member was found to have been intoxicated. The member was charged with drunken operation of a vehicle under Article 113, UCMJ. The member received a reduction to the grade of Airman Basic, and a reprimand. MAY 2020 -- Two NJPs - A Staff Sergeant failed to maintain accountability of government property and notify resource protection when said property was reported missing. It was later discovered that the member stole the missing items. The member was charged with failure to obey order or regulation and larceny and wrongful appropriation under Articles 92 and 121, UCMJ, respectively. The member received a reduction to the grade of Senior Airman (suspended), 10 extra duty days, and a reprimand. - An Airman failed to abstain from the consumption of alcoholic beverages within eight hours of reporting to duty and lied to their First Sergeant. The member was charged with failure to obey order or regulation and false official statements under Articles 92 and 107, UCMJ, respectively. The member received a reduction to grade of Airman Basic (suspended), forfeiture of $619 pay (suspended), 20 days extra duty, and am reprimand. JUNE 2020 -- Six NJPs - A Staff Sergeant operated a vehicle while under the influence of alcohol. The member was charged with drunken or reckless operation of a vehicle under Article 113, UCMJ. The member received a reduction to the grade of Senior Airman and a reprimand. The member appealed the punishment and it was changed from a reduction to the grade of Senior Airman to reduction to the grade of Senior Airman (suspended). - An Airman First Class failed to go to an appointed place of duty. The member was charged with absence without leave under Article 86, UCMJ. The member received a reduction to the grade of Airman and a reprimand. - Two Airman First Class and a Senior Airman acted in a disorderly manner as to incite a fight. One Airman First Class assaulted two other individuals. All parties were charged with disorderly conduct, Article 134, UCMJ and Airman First Class (I) had the added charge of assault, Article 128, UCMJ. One Airman First Class received a reduction to the grade of Airman, a reduction to grade of Airman Basic (suspended), and a reprimand. The other Airman First Class received a reduction to the grade of Airman (suspended), forfeiture of $971 pay, and a reprimand. The Senior Airman received a reduction to the grade of Airman First Class (suspended), forfeiture of $1,151 pay, and a reprimand. - A Staff Sergeant failed to go to an appointed place of duty. The member was charged with absence without leave under Article 86, UCMJ. The member received a reduction to the grade of Senior Airman (suspended), eight extra duty days, and a reprimand. JULY 2020 -- One NJP - A Staff Sergeant operated a vehicle while under the influence of alcohol. The member was charged with drunken or reckless operation of a vehicle under Article 113, UCMJ. The member received a reduction to the grade of Senior Airman and a reprimand. Administrative Discharges January through July 2020 Member’s Rank Type of Discharge Month of Separation Basis for Discharge Characterization Airman First Class Notification February 2020 AFI 36-3208, para. 5.49 Misconduct: Minor Disciplinary Infractions General Airman Basic Notification February 2020 AFI 36-3208, para. 5.50.1 Misconduct: A Pattern of Misconduct Discreditable Involvement with Authorities General Senior Airman Notification March 2020 AFI 36-3208, para. 5.26.6 Unsatisfactory Performance: Fitness Failure Honorable Airman Basic Notification March 2020 AFI 36-3208, para. 5.50.1 Misconduct: A Pattern of Misconduct Discreditable Involvement with Authorities General Senior Airman Notification July 2020 AFI 36-3208, para. 5.54 Misconduct: Drug Abuse General Senior Airman Board Waiver July 2020 AFI 36-3208, para. 5.52.1 Misconduct: Commission of a Serious Offense, Sexual Perversion General Senior Airman Board Waiver July 2020 AFI 36-3208, para. 5.26.6 Unsatisfactory Performance: Fitness Failure Honorable