Danger Justice

By 1ID Public AffairsMarch 2, 2023

(Photo Credit: U.S. Army) VIEW ORIGINAL

1ID Justice is a reoccurring report of Uniformed Code of Military Justice violations under the jurisdiction of 1st Infantry Division, Fort Riley. This is to maintain transparency, inform the community of military justice trends and to deter future misconduct by Soldiers. The following courts-martial results are from Jan. 2022 to Dec. 2022.

Justice in Action

On 2 March 2022, at a general court-martial convened at Fort Riley, Kansas, a Specialist, United States Army, was convicted by a military judge, pursuant to his pleas, of one specification of assault in violation of Article 128, UCMJ.

The Result: The military judge sentenced the accused to be confined for 5 months and to be discharged from the service with a bad-conduct discharge. The sentence was consistent with the terms of a plea agreement.

On 22 March 2022, at a special court-martial convened at Fort Riley, Kansas, a Private (PV2), United States Army, was convicted by a military judge, pursuant to her pleas, of one specification of malingering, five specifications of failure to go to her appointed place of duty, one specification of disrespect toward a superior commissioned officer, four specifications of willfully disobeying a commissioned officer, and one specification of disorderly -conduct in violation of Articles 83, 86, 89, 90, and 134, UCMJ.

The Result: The military judge sentenced the accused to be confined for 40 days and to be discharged from the service with a bad-conduct discharge. The sentence was consistent with the terms of a plea agreement.

On 19 April 2022, at a general court-martial convened at Fort Riley, Kansas, a Private First Class, United States Army, was convicted by a military judge, pursuant to his pleas, of three specifications of aggravated assault of a child in violation of Article 128, UCMJ.

The Result: The military judge sentenced the accused to be reduced to the grade of E-1, to be confined for 36 months, and to be discharged from the service with a dishonorable discharge.

On 23 May 2022, at a general court-martial convened at Fort Riley, Kansas, a Private First Class, United States Army, was convicted by a military judge, pursuant to his pleas, of one specification of willfully and wrongfully damaging property other than military property and two specifications of domestic violence in violation of Articles 109 and 128, UCMJ.

The Result: The military judge sentenced the accused to be reduced to the grade of E-1, to be confined for 15 months, and to be discharged from the service with a dishonorable discharge.

On 22 June 2022, at a general court-martial convened at Fort Riley, Kansas, a Specialist, United States Army, was convicted by a military judge, pursuant to his pleas, of one specification of attempting to commit a lewd act upon a child and one specification of wrongfully possessing child pornography in violation of Articles 80 and 134, UCMJ.

The Result: The military judge sentenced the accused to be reduced to the grade of E-1, to be confined for 18 months, and to be discharged from the service with a dishonorable discharge. The sentence was consistent with the terms of a plea agreement.

On 3 August 2022, at a general court-martial convened at Fort Riley, Kansas, a Specialist, United States Army, was convicted by a military judge, pursuant to his pleas, of one specification of possessing, receiving, and viewing child pornography in violation of Article 134, UCMJ.

The Result: The military judge sentenced the accused to be reduced to the grade of E-1, to be confined for 16 months, and to be discharged from the service with a dishonorable discharge. The sentence was consistent with the terms of a plea agreement.

On 12 August 2022, at a general court-martial convened at Fort Riley, Kansas, a Second Lieutenant, United States Army, was convicted by a military panel composed of officers, contrary to his pleas, of one specification of child endangerment, five specifications of assault upon a spouse, and three specifications of obstruction of justice in violation of Articles 119b, 128, and 131b, UCMJ. The accused was acquitted of five specifications of willfully disobeying a superior commissioned officer, five specifications of assault upon a spouse, and one specification of obstruction of justice in violation of Articles 90, 128, and 131b, UCMJ.

The Result: The military judge sentenced the accused to forfeit all pay and allowances, to be confined for 548 days, and to be dismissed from the service.

On 28 September 2022, at a general court-martial convened at Fort Riley, Kansas, a Specialist, United States Army, was convicted by a military judge, pursuant to his pleas, of one specification of sexual assault and one specification of abusive sexual contact in violation of Article 120, UCMJ.

The Result: The military judge sentenced the accused to be reduced to the grade of E-1, to be confined for 10 months, and to be discharged from the service with a dishonorable discharge. The sentence was consistent with the terms of a plea agreement.

On 29 November 2022, at a general court-martial convened at Fort Riley, Kansas, a Staff Sergeant, United States Army, was convicted by a military judge, pursuant to his pleas, of two specifications of assault consummated by a battery in violation of Article 128, UCMJ.

The Result: The military judge sentenced the accused to be reduced to the grade of E-1, to be confined for 30 days, and to be discharged from the service with a bad-conduct discharge. The sentence was consistent with the terms of a plea agreement.

The following actions are from 1-31 January 2023.

Non-Judicial Punishment (NJP)

Field Grade Article 15s Issued............................ 40

Number Issued for AWOLs................................... 7

Number Issued for Drugs......................................... 9

Number Issued for Other Offenses................. 24

Maximum Punishments for Field Grade Article 15

The maximum punishments for a Field Grade Article 15 include 45 days of extra duty, 60 days of restriction, the loss of ½ month of pay for up to two months, and a reduction in rank. Soldiers in the rank of E1 to E4 may be reduced multiple ranks. Soldiers in the rank of E5 or E6 may be reduced one grade. Lastly, the Officer issuing the Article 15 may elect to file a reprimand in the performance section of the Soldier’s Army Military Human Resource Record (AMHRR).

Administrative Actions

General Officer Memorandum of Reprimand (GOMORs) Total Initiated....................... 14

Total Filed....................................................... 1

Number for DUIs Filed............................. 1

Soldiers Separated Prior to ETS: 3

What is a GOMOR?

A GOMOR, or General Officer Memorandum of Reprimand, is an administrative reprimand issued in the form of a memorandum. A GOMOR may be issued for any type of misconduct and may be issued in addition to any other punitive actions taken by the Chain of Command without creating any Double Jeopardy concerns. GOMORs may be filed in a Soldier’s local file or in a Soldier’s AMHRR. If placed in the Soldier’s local file, the GOMOR will remain in the Soldiers file at 1ID for 18 months, or until the Soldier changes duty locations, whichever comes first. If placed in the Soldiers AMHRR, the GOMOR will remain in the Soldiers permanent, military record.