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
-----------------------------------------------------
At a Summary Court-Martial in Kaiserslautern, Germany, Spc. Gary J. Duncan, 21st Special Troops Battalion, pled guilty to one specification of larceny in violation of Article 121, one specification of false official statement in violation of Article 107, three specifications of willful disobedience in violation of Article 91, four specifications of failure to report in violation of Article 86, one specification of failure to obey a lawful order in violation of Article 92, and two specifications of conduct prejudicial to good order and discipline in violation of Article 134. On Sept. 24, 2014, the Summary-Court Martial Officer found him guilty of all charges and specifications and sentenced him to be reduced to E-3 and to be confined for 21 days.
At a General Court-Martial in Vilseck, Germany, Sgt. Omar J. Diaz, 2d Cavalry Regiment, pled guilty to one charge and one specification of performing a lewd act upon a child under the age of 12 in violation of Article 120. On Sept. 3, 2014, a military judge found him guilty and sentenced him to a reprimand, to be reduced to E-1, seven months confinement, and a bad conduct discharge.
At a Special Court-Martial in Vilseck, Germany, Spc. Mitchell B. Whitehead, 2d Cavalry Regiment, pled guilty to one charge and two specifications of false official statement in violation of Article 107, and one charge and one specification of wrongful use of heroin in violation of Article 112a. On Sept. 22, 2014, a military judge found him guilty and sentenced him to be reduced to E-1, eight months confinement, and a bad conduct discharge.
At a Summary Court-Martial in Vilseck, Germany, Spc. Paul A. Ruiz, 2d Cavalry Regiment, pled guilty to one charge and one specification of false official statement in violation of Article 107, and one charge and two specifications of larceny in violation of Article 121. On Sept. 4, 2014, a Summary Court-Martial Officer found him guilty and sentenced him to be reduced to E-3 and to 45 days hard labor without confinement.
At a Summary Court-Martial in Wiesbaden, Germany, a sergeant first class pled not guilty to one charge of aggravated assault, in violation of Article 128, and one charge of drunk and disorderly conduct, in violation of Article 134. On Sept. 18,2014, the Summary Court-Martial Officer found him not guilty of all charges.
At a Summary Court-Martial in Wiesbaden, Germany, Pfc. Marc Ashleigh Favors, Headquarters and Headquarters Battalion, U.S. Army Europe, pled guilty to one charge of assault consummated by a battery, in violation of Article 128, and one charge of drunk and disorderly conduct, in violation of Article 134. On Sept. 2, 2014, the Summary Court-Martial Officer found him guilty of all the charges and specifications and sentenced him to 15 days confinement, forfeiture of $1,021 pay per month for one month, and to be reduced to the grade of E-1.
NONJUDICIAL PUNISHMENT UNDER ARTICLE 15, UCMJ
-----------------------------------------------------
In the month of September 2014, no officers and 117 enlisted Soldiers were punished under Article 15, UCMJ. The following information reflects the distribution of nonjudicial actions taken by offense in U.S. Army Europe in the month of September 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: 40
--Drug and Alcohol-Related Offenses: 32
--Sex Offenses: 0
*Includes Rape, Sexual Assault, and other Sexual Misconduct
--Assaults: 21
--Property Offenses: 11
*Includes criminal damage to property, Larceny, and Robbery
--Crimes of Deception: 19
*Includes crimes like Forgery and False Official Statements
--Military Specific: 112
*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.
Social Sharing