[T]he trial for Staff Sgt. Frank Wuterich was delayed until Nov. 1 because a key prosecution witness, a Naval Criminal Investigative Service agent, had a bad accident and is recovering from surgery.

Air Force Times reports:

The Minnesota National Guard says one of the top leaders of the Duluth-based 148th Fighter Wing has been sacked. The Guard issued a statement Friday saying Col. John H. Spencer Jr. was relieved as vice wing commander Wednesday after an investigation substantiated allegations of “an unprofessional relationship.”

WRBCtv.com reports:

The commander of a Tennessee Army National Guard unit is facing a court-martial in Iraq on charges of misconduct, misusing funds and fraternizing with subordinates.

Coastal Courier reports:

Twelve soldiers were investigated for allegedly stealing military equipment from Fort Stewart. Some of the soldiers have been charged and are awaiting trial and one was court-martialed late last year.

Second Lt. Douglas Sofranko, a Florida National Guard officer photographed wearing a Navy SEAL Trident insignia he didn’t rate, has been relieved of his full-time duties with the Guard, and his future in the military is uncertain.

The earlier post, “Ooops I have to graduate?”, is here.

Military.com reports that:

Naval Criminal Investigative Service agents and Virginia Beach police are looking into possible threats against a local Navy officer who says he was subjected to anti-gay harassment while assigned to Oceana Naval Air Station.

deathandtaxesmag.com has this rather odd report on the astronaut case.

After a daylong hearing on Thursday, a Navy panel has finally suggested that Lisa Nowak should have her flying wings clipped. Her discharge comes in response to the time she famously drove from Texas to Florida in a pair of diapers and maced another astronaut over a love interest in 2007. However, if Nowak’s crush were a woman and not a man, this space cadet would be long gone by now.

The Arizona Daily Star reports that:

An airman who oversaw the armory at Davis-Monthan Air Force Base was sentenced to 19 months in prison Friday for stealing more than $25,000 worth of military weaponry, bullets and accessories and selling some of his haul on eBay.

The Record-Courier continues its coverage of the Davila death penalty case at Fort Lewis.

The court-martial of the woman who is accused of killing an Army couple in Fort Lewis, Wash., is scheduled for next week. Spc. Ivette Davila faces the death penalty in the March 2, 2008, slayings of soldiers Staff Sgt. Timothy and Sgt. Randi Miller. Davila’s general court-martial on kidnapping and murder charges starts Monday, according to Joseph J. Piek, spokesman for Joint Base Lewis-McChord in Washington. The hearing is expected to last through Aug. 26.

Sounds like they really do have a PTA?

7th Space Interactive reports:

A former United States Army sergeant pleaded guilty today to bribery in connection with a fuel theft scheme to solicit more than $400,000 in bribes from a government contractor in Afghanistan, announced Assistant Attorney General Lanny A Breuer of the Criminal Division and United States Attorney Neil H MacBride of the Eastern District of Virginia. Michael Dugger, 27, of Jonesboro, Ga ., pleaded guilty today before United States District Court Judge T S Ellis, III in the Eastern District of Virginia to a one-count criminal information charging him with bribery as a public official. Dugger was originally charged in a criminal complaint filed on June 24, 2010. The complaint charged him and Stevan Nathan Ringo, a former United States Army staff sergeant in Afghanistan, with one count of conspiracy to commit theft of government property.

(A client until they whisked him off to prosecution in the E.D. of VA.)

A wing commander lost his job because he not only played favorites but hid unfavorable information from his bosses about a female lieutenant colonel, and recommended her for promotion, according to an Air Force investigation.

Directly from Coast Guard Report blog:

UNITED STATES v. Adam R. BEABER, Fireman (E-3), U.S. Coast Guard Appellant was tried by special court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of two specifications of attempted larceny, in violation of Article 80, Uniform Code of Military Justice (UCMJ); one specification of conspiracy to commit larceny, in violation of Article 81, UCMJ; two specifications of failing to go to an appointed place of duty, in violation of Article 86, UCMJ; and one specification of making a false official statement, in violation of Article 107, UCMJ. The Military Judge sentenced Appellant to confinement for fifty-nine days, reduction to E-1, and a bad-conduct discharge. Pursuant to the pretrial agreement, the Convening Authority approved the sentence, but suspended the punitive discharge and confinement in excess of fifty days for six months. UNITED STATES v. Isael L. LEMUS, Chief Machinery Technician (E-7), U.S. Coast Guard Reserve Appellant was tried by general court-martial, military judge alone. Pursuant to his pleas of guilty, entered in accordance with a pretrial agreement, Appellant was convicted of one specification of committing an indecent act upon a female less than 16 years of age, in violation of Article 134, Uniform Code of Military Justice (UCMJ). The military judge sentenced Appellant to confinement for forty-five months, reduction to E-1, and a dishonorable discharge. The Convening Authority approved the sentence as adjudged, and suspended confinement in excess of eighteen months, pursuant to the pretrial agreement.

(Coast Guard Report is an Unofficial Coast Guard Blog providing news, information and investigative reports. This is not an official United States Coast Guard Blog, however our postings are for the publics information and assist in bringing transparency and breeding self-correcting behavior.)

I wonder if the issue of recording the Article 32, UCMJ, hearing testimony will come up.

Merced Sun Star reports that:

To launch his career as a pass rusher, Air Force graduate Ben Garland may have to ground his pursuit of becoming a pilot.

This is here because of the Fraud, Waste & Abuse inherent in this. My tax dollars go to fund the Academy’s as a farm team for military officers not to be a farm team for major league sports. Will he or his “team” get a recoupment bill from DFAS?

Seattle Times reports that:

A soldier from Joint Base Lewis-McChord was charged Friday with murdering three Afghan civilians. Specialist Jeremy Morlock, 22, was the first soldier to be returned to the U.S. and charged as part of a broader investigation that some fear could strike a blow to the U.S. military’s credibility in southern Afghanistan. The Seattle Times has learned that a second soldier is being detained in Kuwait as part of the investigation and that up to five soldiers could end up facing murder charges. The U.S. military last month said the case involves “allegations of illegal drug use, assault and conspiracy.”

The Des Moines Register reports that:

An Iowa Army National Guard colonel in charge of more than 3,100 soldiers scheduled for combat duty in Afghanistan has been abruptly relieved of his command for violating military regulations. Col. Tom Staton, 45, a full-time military officer, has been fired as commander of the 2nd Brigade Combat Team of the 34th Infantry Division. The brigade will be mobilized this summer in preparation for the Afghanistan deployment later this year. In addition, the Iowa National Guard has replaced Command Sgt. Maj. Craig Berte, 41, of Cedar Falls, who had been the brigade’s top enlisted soldier. Col. Gregory Hapgood Jr., the Iowa National Guard’s public affairs officer, on Thursday confirmed the departure of Staton and Berte from the 2nd Brigade’s leadership team. But he declined to provide specifics about what Army regulations were violated, saying it was a personnel matter.

/Army Times.

Global Research reports that:

Iraq war veteran Eric Jasinski, after seeking treatment for his post-traumatic stress disorder (PTSD), is being punished by the Army. Jasinski turned himself in to the Army late last year, after having gone absent without leave (AWOL) in order to seek help for his PTSD. Help, he told Truthout, he was not receiving from the Army, even after requesting assistance on multiple occasions. He was court-martialed and jailed for 25 days for having gone AWOL, during which time he was escorted in shackles to therapy sessions for his PTSD. After being released from prison, he was informed that he would be given an other-than-honorable discharge, which means he is likely ineligible for full PTSD treatment from the Veterans’ Administration (VA) after he leaves the service.

For years, the top officer in the Virginia National Guard has had a paid position with a business run by one of his subordinate officers. Newman promoted Bonanni to the assistant adjutant general’s post in 2008 while collecting a paycheck from his company.

Air Force Times reports:

A two-star general who received a top assignment at Air Force Materiel Command six weeks after being arrested on drunken driving charges will pay a fine and spend no additional time in jail.

News25 reports that:

A Fort Hood soldier was sentenced to 18 months of confinement for allegedly possessing child pornography. At a General Court Martial Friday morning, Staff Sergeant Kurt John Gullens pleaded and was found guilty on a Wrongful Possession of Child Pornography charge. Gullens’ rank will also be reduced to E-1 and he will receive a bad-conduct discharge.

L.A. Now reports that:

A Marine major was sentenced Thursday to a reprimand and 90 days’ confinement for his role in leaking intelligence documents to civilian law enforcement. Major Mark Lowe will also forfeit $2,000 in pay for three months under punishment meted out by a court-martial at Camp Pendleton. The sentence must be approved by Lt Gen. Keith J. Stalder.

See also Marine Corps Times.

Military.com reports that:

The Navy reached a milestone of sorts in April. It was the first month of 2010 that the service didn’t have to remove a commanding officer for misconduct.

If she can’t have justice for her slain soldier husband, she’d at least like a Purple Heart. New York widow Barbara Allen is battling the National Guard for withholding the military honor from her husband, who was killed in 2005 while serving in Iraq. The two men were allegedly the victims of “fragging” — killed by a disgruntled soldier under their command. But the accused soldier, Staff Sgt. Alberto Martinez, 45, was found not guilty of both murders at a military trial in 2008. Allen’s family later found out that during the investigation, Martinez had offered to plead guilty to the charges in exchange for a lifetime prison sentence instead of the death penalty. Military prosecutors rejected his plea and proceeded to trial, but a jury did not convict him. Lt. Allen’s death isn’t considered the act of an enemy combatant by the military — but his wife disagrees.

Her claim about the PTAO is consistent with what I have heard from a potential witness involved in the case.

The Army has charged an Illinois National Guardsman in Afghanistan with possession of child and adult pornography, and his family has come to his defense, arguing that he was the target of a personal vendetta.

Army Times reports. This is an ongoing case that started because the kids mother sent him a photograph of a child. In the photograph you can apparently see her crack.

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Thanks to CAAFLog here is a link to an article about the Walker retrial at Quantico. (Unofficially, I’m told the case may be completed by 5 February.)

A former Marine sitting on death row for the last 16-years after being convicted of murdering two colleagues in 1992 may be re-sentenced to life in the brig after an appellate court set aside his initial death sentence last year.

Marine Corps Times reports.

They have a panel of 13 members. They began with 15 members initially assigned to the panel. After the voir dire process they had excused a total of 28 prospective members for one reason or another. Military law requires a minimum of 12 members in a death penalty case. And they must be unanimous in voting for death. Walker already has an approved premeditated murder conviction. So the issue is whether he will be sentenced for the one already approved, or will he be convicted of the second murder and thus sentenced for two.

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The results of a second investigation into the deadly battle at Wanat, Afghanistan, in 2008 could lead to action being taken against Army leaders involved in the operation that has come to symbolize the perils of underestimating enemy and terrain in the Southwest Asian nation.

Honolulu Advertizer reports.

I’m losing the battle on the increasing informality of dress in courts-martial. Even the Marines have now made chucks the uniform for court. But, so far we haven’t gone this far:

At one point yesterday, Colonel Mario Dutil, the chief military judge of the Canadian Forces, asked crossly, “Why not a Tilley hat, cargo pants and a Columbia shirt?” Col. Dutil was hearing the first of a slew of pre-trial motions in the second-degree murder prosecution of Captain Robert Semrau, the soldier charged in the Oct. 19, 2008, death of a severely wounded Talib. Yet just as in the civilian world criminal trials can descend into flights of goofiness, so can military ones, and that is pretty much what happened here yesterday. The first on the defence list of seven motions was an application to vary the court-martial administrative instruction about dress, that is, what the participants should wear in court.

The Globe & Mail reports.

A top official in the Massachusetts National Guard faces possible removal by court-martial after state and federal investigations uncovered a range of alleged improprieties, including misusing federal money, hiring a convicted felon to do legal work, and threatening a whistleblower. Yesterday, Murray received a hand-delivered letter accusing him of “waste, fraud, and abuse’’ and ordering him to resign by day’s end or face a court-martial convened by Governor Deval Patrick. State officials could not find a documented court-martial in recent Massachusetts history. Murray informed the Guard that he would fight the charges, officials said. State officials last encountered a major problem with the arcane state law on court-martials in 1999, when Cellucci fired the controversial head of the Guard, Raymond Vezina, after reports that he allegedly pressured subordinates to make political donations and wore the uniform of a higher-ranking officer in a Veterans Day parade. Vezina sued, charging that he could not be removed except by court-martial

Boston.com is reporting.

I think the same goes for most states, that there aren’t recent documented instances of courts-martial. I can say I started one in Pennsylvania some years ago, but it was interrupted by a general discharge agreement mid-trial. I exclude of course cases where the person is in a Title 10 status for deployment.