Lt Mcclane: Case Study

This memorandum addresses 1st Lt McClane driving under the impairment of drugs in violation of Article 111, Uniform Code of Military Justice. For the reasons discussed below I recommend an Article 15 is issued.

2. On Sunday Security Forces personnel stopped 1st Lt McClane at the base entry control point after he ran over a curb. Lt McClane appeared heavily intoxicated, so the Security Forces member administered field sobriety tests. Lt McClane failed all subsequent field tests, but the subsequent breathalyzer indicated he had no alcohol in his system. Lt McClane stated he was on prescription medications. His medical records indicate he received a prescription two years ago for a strong pain medication, but has no current prescription. Lt McClane has no prior disciplinary history.

3. After reviewing the case I find that Lt McClane was in violation of Article 111, UCMJ. On the date
In accordance with AFI 51-202 a Nonjudicial Punishment can only be imposed on an officer by a Colonel or higher. So for Lt McClane this decision must be pushed up to the Wing Commander, with your recommendations. The maximum punishment that the Wing Commander can impose is an LOR and thirty das restriction. If this is the course of action that is chosen, Lt McClane must be informed in writing of his NJP. He must be giving the opportunity to read it and sign it. Open being given notice of the NJP, he is allowed 3 working days to respond to the NJP, and he can seek counsel. If Lt McClane refuses to sign NJP, this issue can then be taken to a Court Material. Lt McClane should be offered this NJP with twenty-one days of the discovery of this offense, and the NJP should be started within eighteen days of it being offered. If the NJP is accepted it must be filed in an Unfavorable Information File for two years, per AFI 36-2907. Both the Article 15, UCMJ and LOR must be filed for two years.

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