http://www.edwards.af.mil/news/story.asp?id=123195767
Posted 3/19/2010
Air Force Flight Test Center Legal Office
3/19/2010 - EDWARDS AIR FORCE BASE, Calif. -- An Airman from the 95th
Security Forces Squadron was sentenced to a bad conduct discharge and
30 days confinement during a special court-martial here March 11.
Airman Basic Matthew J. Lopez, pleaded guilty to a charge of Absence
Without Leave, an offense under Article 86 of the Uniform Code of
Military Justice, for being absent from his unit from December. 17,
2009 to Jan. 19 and to a charge of False Official Statement, Article
107, for lying about the fact that he had not taken leave in the past.
"AWOL and false official statements are serious crimes and the
punishment sends the message that this type of conduct will not be
tolerated," said Capt. Thomas Alford, Air Force Flight Test Center
trial counsel.
During the proceedings trial judge Lt. Col. Vance Spath heard
testimony that Airman Lopez spent those 33 days away from Edwards Air
Force base at Disneyland, in Long Beach, as well as in Boulder, Colo.
During Airman Lopez's absence, members of his unit repeatedly
attempted to reach him at his dorm room, his off-base residence, and
by phone without success. Eventually he was reached by his first
sergeant and directed to return to station.
During testimony, Master Sgt. Phillip Folson, Jr., 95th Security
Forces Squadron first sergeant, stated that Airman Lopez told him
that he had never taken leave before, didn't know the process, and
that he did not know that he was AWOL, which in fact was a false
official statement.
A simple check of LeaveWeb records presented evidence that since his
arrival in August 2008, Airman Lopez had taken approved leave twice,
disproving his statement.
AWOL is a serious criminal offense in the military that causes morale
and the mission to suffer because other members must perform the
duties of the absentee.
The UCMJ contains different maximum punishments for different kinds
of AWOL in summary, special, or general courts-martial. In Airman
Lopez's case, the maximum punishment he could have received was a bad
conduct discharge, forfeiture of two-thirds of his pay and
allowances, and confinement for 12 months.
During his time here, Airman Lopez received a letter of counseling, a
letter of reprimand, and two Article 15 actions. It was while serving
out the punishment for his second non-judicial punishment that he
left his unit.
Airman Lopez began his Air Force career at the United States Air
Force Academy. At the end of his third year as a cadet, Airman Lopez
voluntarily resigned while on academic probation and under an
investigation for cheating.
Because he incurred a two-year service commitment as a result of his
time at the academy, Airman Lopez was enlisted and assigned to
Edwards Air Force Base as an airman first class.
"Airman Lopez was offered multiple opportunities to correct his
behavior to acceptable standards," said Capt. Melissa Horton, AFFTC
Legal Office chief of Military Justice. "His commander, first
sergeant and supervisor used all the tools available to them and, in
the end, my office still had to prepare to prosecute this Airman. Had
the unit not enforced the standards, some Airmen out there might
still be depending on him."
Assisting in the prosecution were Capt. Jennifer Jameson, assistant
trial counsel, and Senior Airman Melissa Lugo-Valez, paralegal.
--
For more information on courts-martial, consult Air Force Instruction
51-201, the Manual for Courts-Martial, or call the Legal Office at 277-4310.
.
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