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Good Order and Discipline: April 2021

  • Published
  • By Staff Reports
  • 90th Missile Wing Staff Judge Advocate

The following incidents are ALL of the nonjudicial punishment, discipline related administrative discharges, or court-martial convictions that closed out during the month of April.

***WARNING:  The incidents portrayed below are REAL and reflect actual events.  The names have been redacted to comply with the Privacy Act.  If you value your Air Force career, you will not attempt ANY of the action described below.  IF YOU DO, YOU MAY RECEIVE DISCIPLINE.***

#donttrythisathome

 

Nonjudicial Punishment (Article 15)

A Senior Airman (SrA) was given a verbal No-Contact Order with the SrA’s spouse, to which the SrA verbally acknowledged.  The SrA disobeyed the No-Contact Order within a 24 to 48 hour period by using a friend’s phone to contact the spouse and went to the spouse’s residence to return the spouse’s phone.  The commander determined the SrA violated Article 92, UCMJ, and imposed the following punishment:  Reduction to the grade of Airman First Class; forfeiture of $1185.00 pay for one month (suspended); and a reprimand. #justfolloworders #nocontactmeansnoconact

 

A Senior Airman (SrA) was stopped by security forces for an expired registration. The SrA could not produce a driver’s license, registration, or insurance, and told the SFS member that the SrA’s driver’s license was at home. When SFS ran the SrA’s name, they could not find that a driver’s license.  The SrA then admitted to lying to the SFS member and that the SrA did not have a driver’s license. The commander determined the A1C violated Articles 107 and 92, UCMJ, and imposed the following punishment:  30 days extra duty, reduction to the grade of Airman First Class (suspended); forfeiture of $1,185.00 pay for two months (suspended); and reprimand. #integrityfirst #lyingisworsethanthetruth

 

An Airman First Class (A1C) was given a No-Contact Order.  The A1C acknowledged and signed the order then broke the No-Contact Order via FaceTime.  The A1C was also ordered to report to work at 0600 the following day and was later reminded of the reporting time. The following morning the A1C called in to say that they was not going to be able to report due to being intoxicated.  The commander determined the A1C violated Articles 92 and 86, UCMJ, and imposed the following punishment: Reduction to Airman, forfeiture of $1000.00 for one month (suspended), and a reprimand. #i’msensingathemehere #pleasejustfolloworders 

 

An Airman First Class (A1C) was given a No-Contact Order.  The A1C disregarded the order via SnapChat.  The message sent read, “I’m across the street, open the blinds **** it.”  The individual who received this message looked outside and saw the A1C at an apartment across the street.  The message was screenshot and sent to the individual’s first sergeant.  The commander determined the A1C violated Article 92, UCMJ, and imposed the following punishment:  Reduction to the grade of Airman (suspended); forfeiture of $1000.00 for one month, and a reprimand. #okayjuststop

 

An Airman First Class (A1C), who was under the age of 21, had a little too much to drink and got in an argument at a gas station with an individual the A1C was previously romantically involved.  As the two made it back to the former romantic partner’s dorm room the argument continued.  Video from the dorms showed that it was the A1C was acting aggressively and tried to lay hands on the former partner.  The commander determined the A1C violated Articles 92 and 134, UCMJ, and imposed the following punishment:  Restriction to base for 30 days, reduction to Airman (suspended), and a reprimand. #don’tdrinkanddrama #ifyou’renotofage…

 

An Airman First Class (A1C) was observed by a Cheyenne police officer for failing to remain in their lane and hitting a curb. After the officer pulled the A1C over the A1C blew a .19% BrAC. The commander determined the A1C violated two counts of Article 113, UCMJ for Drunk Driving and for Reckless Driving. The Commander imposed the following punishment: Reduction to the grade of Airman; forfeiture of $800.00 pay for one month (suspended); and a reprimand. #luckytobealive #haveaplan

 

A Senior Airman (SrA) tested positive for marijuana at 359 ng/ml (the DoD cut-off is 15 ng/ml) as the result of a unit sweep. Prior to being notified of the positive urinalysis test, the SrA was given a quarantine order by the Public Health Officer and violated quarantine by visiting a friend’s house/dormitory. The SrA was then “Bickel” re-tested with results showing levels of 530 ng/ml for THC. The commander determined the SrA violated Article 112 and 84, UCMJ, and imposed the following punishment: Reduction to the grade of Airman Basic, forfeiture of $892.00 for one month (suspended), and a reprimand. #puffingawaythosestripes #don’tdodrugs

 

An Airman First Class (A1C) did not show for mandatory PT. After multiple calls without an answer from a concerned Master Sergeant (MSgt), the MSgt thought the A1C might be staying at a significant other’s home in Colorado. The MSgt contacted the Thornton Colorado Police Department for a welfare check, which revealed that no one was present at the residence. The A1C’s supervisor finally received a text message from the A1C stating that the A1C was camping in New Mexico and did not have cell service. The commander determined the A1C violated Articles 91, 92, and 86 of the UCMJ, and imposed the following punishment: Reduction to the grade of Airman Basic (suspended); 30 days restriction to base; and a reprimand. #justaskforleave #don’tskipPTday

 

An A1C (Airman First Class) was observed by a Wyoming Patrol Officer asleep in the behind the wheel of a running vehicle with vomit on the inside of the door. Police were able to wake the A1C up. When police asked the A1C if they had anything to drink the A1C said: “a lot.” When asked where the A1C was coming from the A1C said: ”Iowa.” The A1C tried to hand the officer a credit card instead of driver’s license multiple times. The A1C agreed to a breath test resulting in a BrAC of .112. The commander determined the A1C violated Article 113, UCMJ, and imposed the following punishment: Reduction to the grade of Airman; forfeiture of $1000.00 (suspended); and a reprimand. #we’renotinIowaanymore #luckytobealive

 

Administrative Discharges

*Administrative Discharges resulting from misconduct, including drug abuse, almost always result in a loss of some veteran benefits, specifically education benefits like the GI Bill. A discharge characterization that is not Honorable, may also limit future employment opportunities*

 

An Airman First Class (A1C) was administered a drug urinalysis test during a gate sweep that returned positive for THC at 20 ng/ml.  The A1C was discharged for Misconduct, Drug Abuse, with an Under Honorable Conditions (General) Service Characterization. #THCyoulater

 

A Senior Airman (SrA) was administered a random drug urinalysis test that returned positive for cocaine at 392 ng/ml.  Additionally, the SrA had been directed to assume 6-ring standby and broke the standby by getting high on cocaine.  The SrA was debarred from base and discharged for misconduct, Drug Abuse, with an Under Honorable Conditions (General) Service Characterization. #don’tblowyourcareer

 

An Airman First Class (A1C) used their Government Travel Card to do some shopping at Wal-Mart and pay some back due taxes.  These expenses were not related to official travel.  Additionally, the A1C failed to pay the minimum due on their GTC after more than 45 days.  The A1C also negligently struck a child in the face with a belt while disciplining the child.  Finally, the A1C accessed an official government system and forward CUI information about a law enforcement incident to the A1C’s personal email.  The A1C was discharged for Misconduct, Minor Disciplinary Infractions, with an Under Honorable Conditions (General) Service Characterization. #Wal-Martalwaysendsupinthisemail #nowords

 

Court Martial Convictions

United States v. AB Robert Gutierrez, III

AB Gutierrez tested positive for cocaine as the result of a random urinalysis at 32,587 ng/ml. After receiving non-judicial punishment and while being processed for administrative separation, AB Gutierrez again tested positive for cocaine on a random urinalysis. The separation action was withdrawn and court-martial charges were preferred. AB Gutierrez ultimately pled guilty to knowingly using cocaine on multiple occasions. The Military Judge accepted the guilty plea and found that AB Gutierrez violated Article 112a, UCMJ. He sentenced AB Gutierrez to confinement for 90 days; forfeitures of $1190.00 pay per month for 3 months and a reprimand. #saynototheblow #youdodrugsyoucoulddotime