Posted on Nov 8, 2017
Are there system issues with completion of paperwork and filing procedures for substandard service members?
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Botched Air Force handling of Texas shooter's criminal history may be 'systemic' issue
The latest report on the Texas shooter cites systemic issues and laziness/apathy regarding procedural requirements.
The latest report on the Texas shooter cites systemic issues and laziness/apathy regarding procedural requirements.
Posted in these groups: 
Leadership
Crime
Leadership Crime
Posted >1 y ago
Responses: 3
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Somewhere the Air Force dropped the ball on this loser, and maybe this tragedy could've been prevented.
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I suppose it could be characterized that way. The systemic is easy - there is no charge characterization in Article 128 that ties directly to domestic violence (for example, the word “spouse”). The lazy/apathy might fit into the clerk not reading the entire proceedings to determine whether or not the Lautenberg Amendment applies. While it does include assault on a child under 16, there’s still no tie-in to whether it’s domestic.
Link to Article 128:
https://www.thebalance.com/punitive-articles-of-the-ucmj-3356842
Link to Article 128:
https://www.thebalance.com/punitive-articles-of-the-ucmj-3356842
What Article 128 Says About Assault and Why You Need to Know
Articles 77 through 134 of the UCMJ are known as the punitive articles, specific offenses which can result in punishment by court-martial.
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Capt Gregory Prickett
SP5 Peter Keane - Actually, it does not. I was a police officer and supervisor in Texas for over 20 years, and I am now a criminal defense lawyer. There are TXDPS reporting codes to indicate family violence, but the actual offense is either Simple Assault (TPC 22.01(a)(2) or (3)), Assault with Bodily Injury (TPC 22.01(a)(1), or Aggravated Assault (TPC 22.02(a)). Family Violence, in and of itself, is not a criminal offense in Texas, and you have to use the correct underlying charge to prosecute someone for family or domestic violence in Texas.
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SP5 Peter Keane
Well goood for you, but when an offense is automatically enhanced when against a family member, that becomes part of the charge.
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Capt Gregory Prickett
SP5 Peter Keane - first, it's not automatically enhanced, it has to be plead in the complaint and in the information filed with by the state. Second, an increased punishment doesn't change the charge. There are increased punishments if the victim is a security guard, or a sports referee, or any number of other categories, but that doesn't create a different offense. Third, the conviction is still mere for the assault, and there is still not a "family violence" offense in Texas. If you believe that there is a special, separate charge in Texas, please show me your authority for that statement.
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SP5 Peter Keane
I didn't say anything about punishments. If assualt on a family member is not put forward as a felony, someone is failing to do their duty, be that the police department or the da
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This is a huge DOD wide issue that has been going on for years. The problem mostly lies with translation of UCMJ crimes into civilian world crimes. On the civilian side there are misdemeanors and felonies. The UCMJ does not have such a distinction. There are volumes of actions that can lead to punishment in the military that do not exist in the civilian world.
Many crimes and incidents that happen while in the military never get reported outside of military channels. To be honest, most of them never should be reported. The military and civilian worlds are two different worlds.
However, some crimes committed by military folks need to be reported and documented properly so that record follows the person just as it would in the civilian world. Until now, the military has been lazy about documenting such incidents as its really not important to them. What happens to someone after they get out doesn't concern the DOD. Also, there is only so much time and money in the budget. Making sure someone's military crimes get documented in the civilian record system is simply not a priority.
Many crimes and incidents that happen while in the military never get reported outside of military channels. To be honest, most of them never should be reported. The military and civilian worlds are two different worlds.
However, some crimes committed by military folks need to be reported and documented properly so that record follows the person just as it would in the civilian world. Until now, the military has been lazy about documenting such incidents as its really not important to them. What happens to someone after they get out doesn't concern the DOD. Also, there is only so much time and money in the budget. Making sure someone's military crimes get documented in the civilian record system is simply not a priority.
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