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News > Barksdale Airmen face courts-martial
Barksdale Airmen face courts-martial

Posted 1/13/2012   Updated 1/13/2012 Email story   Print story

    


by Staff Sgt. Erica Porter
2nd Bomb Wing Office of the Staff Judge Advocate


1/13/2012 - BARKSDALE AIR FORCE BASE, La -- Military members can face different types of courts-martial depending on the offense involved, severity of the crime and their rank.

There are two types of courts-martial: special courts-martial and general courts-martial.

A special courts-martial is the intermediate court level. It consists of a military judge, trial counsel (prosecutor), defense counsel and a minimum of three officers sitting as a panel of court members (the jury). An enlisted accused may request a court composed of at least one-third enlisted personnel. The accused may also request trial by judge alone. Regardless of the offenses involved, a special court-martial sentence is limited to a bad conduct discharge, confinement for up to 12 months, reduction in pay grade to E-1 (enlisted members only), and forfeiture of two-thirds base pay per month for a period of 12 months (or an equivalent fine). An officer accused in a special court-martial cannot be dismissed from the service or confined.

A general courts-martial is the most serious level of military court. It consists of a military judge, trial counsel, defense counsel, and at least five court members. Again, an enlisted accused may request a court composed of at least one-third enlisted personnel. Unless the case is one in which the death sentence could be adjudged, an officer or enlisted accused may also request trial by judge alone. In a general court-martial, the maximum punishment is established for each offense under the Manual for Courts-Martial and may include death, confinement, and a dishonorable or bad conduct discharge for enlisted personnel, a dismissal for officers, or a number of other lesser forms of punishment. A pretrial investigation under Article 32, Uniform Code of Military Justice, must be conducted before a case may be referred to a general court-martial unless waived by the accused.

The following courts-martial recently convened at Barksdale AFB:

On Nov. 30, 2011, a general court-martial found a staff sergeant from the 2nd Civil Engineer Squadron guilty of computer crimes in violation of Federal law (child pornography). The sergeant was tried by military judge alone and sentenced to confinement for 20 months, reduction to E-1, total forfeitures and a bad conduct discharge.

On Dec. 5, 2011, a special court-martial found a staff sergeant from the 2nd Maintenance Squadron guilty of wrongful use of an intoxicating substance and failure to obey a lawful order. The sergeant was adjudged by officer members and sentenced to reduction to E-1, restriction to the limits of Barksdale AFB for one month and hard labor without confinement for two months.

On Dec.9, 2011, a general court-martial found a captain from Air Force Global Strike Command guilty of false official statements and extortion. The captain was tried by military judge alone and sentenced to forfeiture of $2,500 pay per month for 10 months and four months confinement.

On Dec.12, 2011, a special court-martial found an Airman first class from the 2nd Munitions Squadron guilty of destroying property and larceny. The Airman was adjudged by officer members and sentenced to reduction to E-1, confinement for six months and a bad conduct discharge.



tabComments
2/8/2012 12:10:32 PM ET
SSgt PorterYou left out one court martial. The Summary Courts-Martial which is convened usually under a Major but can be convened using a senior Captain. At least that was the Army way.RespectfullyMorganSSG USA Ret
Morgan, shreveport
 
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