Six get discharges at Wheeler general courts-martial

| August 9, 2017 | 0 Comments

 

Scales of Justice

Scales of Justice

The 25th Infantry Division Staff Judge Advocate has provided the following courts-martial.

  • Aug. 4, at a general court-martial convened at Wheeler Army Airfield, Pvt. 1st Class Jose J. Olivieritorres, U.S. Army, was convicted by a military judge, pursuant to his plea, of one specification of wrongful use of marijuana in violation of Article 112a, Uniform Code of Military Justice.

The accused was acquitted by a military panel composed of officer members of one specification attempting to commit a sexual act upon a child who had attained the age of 12 years, but had not attained the age of 16 years in violation of Articles 80, UCMJ.

The members sentenced the accused to be discharged from the service with a bad conduct discharge. A pretrial agreement had no effect on the sentence.

  • May 31, at a GCM convened at WAAF, Spc. Preston J. Gachelin, U.S. Army, was convicted by a military judge, pursuant to his pleas, of one charge, one specification, of failure to obey a lawful order in violation of Art. 92, UCMJ; one charge, five specifications, of assault consummated by a battery in violation of Art. 128, UCMJ; and one charge, one specification, of obstruction of in violation of Art. 134, UCMJ.

The Military Judge sentenced the accused to be reduced to the grade of E-1, to forfeit all pay and allowances, to be confined for 14 months, and to be discharged from the service with a bad conduct discharge.

  • May 25 May, at a GCM convened at WAAF, Spc. Kelvin D. Smothers, U.S. Army, was convicted by a military judge, contrary to his pleas, of two specifications of assault in violation of Art. 128, UCMJ.
Courts-Martial graphic

Courts-Martial gavel

The military judge sentenced the accused to be reduced to the grade of E-1, to forfeit all pay and allowances, to be confined for five months, and to be discharged from the service with a bad conduct discharge.

  • May 9, at a GCM convened at WAAF, Spc. Clayton D. Neese, U.S. Army, was convicted by a military judge, pursuant to his pleas, of two specifications of assault consummated by battery, in violation of Art. 128, UCMJ.

The military judge sentenced the accused to be reduced to the grade of E-1, to be confined for eight months, and to be discharged from the service with a bad conduct discharge.

  • May 9, at a GCM convened at WAAF, Pvt. (E2) Lyndon T. Walker, U.S. Army, was convicted by a military judge, pursuant to his plea, of one specification of possession of child pornography, in violation of Art. 134, UCMJ.

The military judge sentenced the accused to be reduced to the grade of E-1, to be confined for 13 months, and to be discharged from the service with a bad conduct discharge.

  • May 3, at a GCM convened at WAAF, SPC. Rohan H. Green, U.S. Army, was convicted by a military judge, pursuant to his pleas, of one specification of attempted escape from the custody of the Criminal Investigation Division, or CID, in violation of Art. 80, UCMJ; one specification of damage to government property, in violation of Art. 108, UCMJ; and two specifications of distribution of a controlled substance, in violation of Art. 112a, UCMJ.

Contrary to his plea, the accused was convicted by a panel of officers and enlisted members of one specification of rape, in violation of Art. 120, UCMJ.

The manual for courts-martial.

The manual for courts-martial.

The panel of officers and enlisted members sentenced the accused to be reduced to the grade of E-1, to forfeit all pay and allowances, to be confined for 10 years, and to be discharged from the service with a dishonorable discharge.

  • Federal Convictions. In addition to forfeiture of pay (either adjudged or by operation of law), confinement and a punitive discharge, a Soldier will also have a federal conviction that the Soldier must report when filling out a job application. A federal conviction strips a Soldier of many rights, such as the right to purchase and maintain firearms and voting.

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Category: Courts-martial Results, Observances

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