USAREUR Disciplinary Actions: December 2014

By U.S. Army Europe Office of the Judge AdvocateFebruary 10, 2015

The Office of the Judge Advocate releases the results of recent courts-martial and statistical information on non-judicial punishments to inform the community of military justice trends and to deter future misconduct by Soldiers.

COURT MARTIAL RESULTS

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At a General Court-Martial in Vilseck, Germany, Sgt. Michael A. Yingling, 12th Combat Aviation Brigade, was convicted on Dec. 5, 2014, by a military judge of one specification of assault and two specifications of assault consummated by a battery, in violation of Article 128, UCMJ; and one specification of disorderly conduct, in violation of Article 134, UCMJ. The military judge sentenced the accused to be reduced to the grade of E-1 and confined for six months.

At a General Court-Martial in Vilseck, Germany, Spc. Alessandro G. Facciponti, 2d Cavalry Regiment, was convicted on Dec. 8, 2014, by a military judge of one specification each of wrongful use, wrongful introduction onto an installation with intent to distribute, and wrongful distribution of heroin, in violation of Article 112a, UCMJ; one specification of sexual assault, in violation of Article 120, UCMJ; and one specification of obstruction of justice, in violation of Article 134, UCMJ. The military judge sentenced the accused to be reprimanded, reduced to the grade of E-1, confined for 40 months, and discharged from the service with a Bad-Conduct Discharge.

At a General Court-Martial in Vilseck, Germany, Spc. Thomas M. Hanna, 2d Cavalry Regiment, was convicted on Dec. 9, 2014, by a military judge of two specifications of wrongful use of heroin, one specification of wrongful use of opium while receiving special pay, one specification of wrongful introduction of heroin onto a military installation, and one specification of wrongful distribution of heroin, in violation of Article 112a, UCMJ. The military judge sentenced the accused to be reprimanded, reduced to the grade of E-1, confined for six months, and discharged from the service with a Bad-Conduct Discharge.

At a Special Court Martial at Vilseck, Germany, Sgt. Dandre R. Fletcher, 12th Combat Aviation Brigade, was convicted on Dec. 15, 2014, by a military judge of one specification of larceny, in violation of Article 121, UCMJ. The military judge sentenced the accused to be fined $7,000, reduced to the grade of E-1, confined for five months, and discharged from the service with a Bad-Conduct Discharge.

NONJUDICIAL PUNISHMENT UNDER ARTICLE 15, UCMJ

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In the month of December 2014, one Officer and 160 Enlisted Soldiers were punished under Article 15, UCMJ. The following information reflects the distribution of nonjudicial actions taken by offense in US Army Europe in the month of December 2014. Please note that one Soldier may be punished in one Article 15 for committing multiple offenses. Accordingly, each number below does not reflect the number of Soldiers punished, but instead reflects the number and diversity of offenses charged.

--AWOL Offenses: 42

--Drug and Alcohol-Related Offenses: 18

--Sex Offenses: 0

*Includes Rape, Sexual Assault, and other Sexual Misconduct

--Assaults: 19

--Property Offenses: 9

*Includes criminal damage to property, Larceny, and Robbery

--Crimes of Deception: 19

*Includes crimes like Forgery and False Official Statements

--Military Specific: 110

*Includes conduct that is unbecoming an officer, conduct that is prejudicial to good order and discipline, and conduct of a nature to bring discredit upon the armed forces. This category includes, but is not limited to, adultery, disorderly conduct, and fraternization.

Please note that each military justice case must be resolved on its own facts. All Soldiers are entitled to and deserve an individual assessment of their cases. There are no expected or required dispositions, outcomes, or sentences in any military justice case, other than what result from the individual facts and merits of a case and the application to the case of the fundamentals of due process of law.

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