USFK Court Martial Results for November 2014
Here are the November 2014 court martial results that were posted on the USFK website.
Results of Courts-Martial for November 2014
On 7 November 2014, at a General Court-Martial, SSG Randal C. Rucker, 65th Medical Brigade, was convicted of one specification of maltreatment of a subordinate (UCMJ, Article 93), four specifications of abusive sexual contact (Article 120), and one specification of assault consummated by a battery (Article 128). He was sentenced to be reduced to E-1, to be confined for 12 months, and to be discharged with a Dishonorable Discharge.
On 11 November 2014, at a Special Court-Martial PFC Brandon L. Hall, Headquarters and Headquarters Battalion, 2d Infantry Division, was found guilty of one specification of aggravated assault with a dangerous weapon (UCMJ Article 128) and one specification of assault consummated by battery (Article 128). He was sentenced to reduction to E-1, six months confinement, and to be discharged with a Bad Conduct Discharge.
On 13 November 2014, at a General Court-Martial, SFC Gregory McClain, 210th Field Artillery Brigade was found guilty of one specification of failure to obey a general regulation (UCMJ, Article 92). He was sentenced to reduction to the grade of Sergeant (E-5) and three months confinement.
On 19 November 2014, at a General Court-Martial, SGT Duane R. James, 65th Medical Brigade, was convicted of one specification of adultery (UCMJ, Article 134). He was sentenced to a Bad-Conduct Discharge.
On 20 November 2014, at a General Court-Martial, CPT John G. Birdsong, 65th Medical Brigade, was found guilty of one specification of sexual assault (UCMJ, Article 120) and one specification of failing to obey a lawful general regulation (UCMJ, Article 92). He was sentenced to confinement for 24 months and to be dismissed from the service.
On 24 November 2014, at a Summary Court-Martial, SFC Christopher L. Martinez, 1st Armored Brigade Combat Team, was found guilty of one specification of abusive sexual contact (UCMJ, Article 120) and one specification of failure to obey a lawful general order (Article 92). He was sentenced to reduction to E-6 and forfeiture of two-thirds pay for one month.
Results of ROK Criminal Prosecutions for November 2014
In Seoul Central District Court on 7 November 2014, Airman Willie S. Ford, Jr., 51st CPTS, Osan Air Base, was convicted of Obstruction of Performance of Official Duties and Infliction of Bodily Injury. His adjudged sentence was imprisonment for 6 months, suspended for 2 years.
In Suwon District Court on 20 November 2014, MSgt Reginald G. Burks, 51st AMXS, Osan Air Base, was convicted of DUI. His adjudged sentence was a 1,000,000 Won fine.
In Suwon District Court on 20 November 2014, MSgt David R. Sands, 607th SPTS/CSS, Osan Air Base, was convicted of DUI. His adjudged sentence was a 1,500,000 Won fine.
In Suwon District Court on 20 November 2014, SSgt David J. Torrey, 303d IS/DOA, Osan Air Base, was convicted of DUI. His adjudged sentence was a 2,000,000 Won fine.
In Seoul Central District Court on 21 November 2014, SSG Alan D. McNicholas, HHC, 2/9th Infantry, USAG Casey, was convicted of Assault. His adjudged sentence was a 1,000,000 Won fine.
In Seoul Central District Court on 21 November 2014, SGT Crisoforo T. Trujillo, HHC, 2-2 Assault, USAG Yongsan, was convicted of Larceny and DUI. His adjudged sentence was imprisonment for 6 months, suspended for 2 years.
In Suwon District Court on 26 November 2014, PFC Nico A. Pierce, 4-58th AOB, USAG Humphreys, was convicted of DUI. His adjudged sentence was a 1,500,000 Won fine.
In Suwon District Court on 26 November 2014, SFC Nathaniel J. Goza, A Co, 719th MI BN, USAG Humphreys, was convicted of DUI. His adjudged sentence was a 4,000,000 Won fine.
In Seoul Central District Court on 4 February 2014, SGT Walter L. Thomas, B Btry, 1/15th FA, USAG Casey, was convicted of Infliction of Bodily Injury, Assault and Destruction of Property. His adjudged sentence was a 2,000,000 Won fine. The Soldier demanded a formal trial but withdrew the request on 24 November 2014.
The SFC Gregory McClain case is awfully vague. Failure to follow a general regulation (Art. 92), busted a stripe and three months in the can, but nothing else? No fine, no Big Chicken Dinner, and no other charges (adultry, assault, drunk and belligerent, etc?). I wonder what happened there.
Things that make you go hmm…
Boy Howdy. 65th Med is all about rock and roll!
Bad conduct discharge for adultery. Makes sense. 🙄
“On 19 November 2014, at a General Court-Martial, SGT Duane R. James, 65th Medical Brigade, was convicted of one specification of adultery (UCMJ, Article 134). He was sentenced to a Bad-Conduct Discharge”
A BCD for Adultery??? Seems a bit too extreme considering some drug addicts going through treatment can stay in. Maybe he should of been given marital counseling instead.
So Adultery is the equivalent of a Felony?
The buy-bull says so!
Adultery is almost never the primary charge in a court martial charge sheet. Prosecutors will always tack it on when it occurs with the primary offense. In case they can’t get a conviction on the primary they will settle for getting the poor schmuck on the adultery as a hedge to maintain wins on the prosecutor’s record.
*ding* *ding* *ding* Joe nailed it. Still, the military needs to get out of peoples bedrooms and out of the sex business. I’d bet over 97% of military members have committed this “crime” at one time or another. It is not widely enforceable and unjust.
And before someone brings up forking subordinates; fraternization, conduct unbecoming, failure to follow lawful order, etc. will cover that.
But Leon, what about forking subordinates or their spouses?
Breakdown in moral order, lack of confidence on the battlefield, etc., etc.