Articles Tagged with coast guard

The Coast Guard has certified the following issues to CAAF.

No. 10-6010/CG.  U. S., Appellant v. ANDREW L. DALY, Appellee.  CCA 001-62-10. Notice is hereby given that a certificate for review of the decision of the United States Coast Guard Court of Criminal Appeals was filed under Rule 22 on this date on the following issues:

WHETHER THE COAST GUARD COURT OF CRIMINAL APPEALS ERRED IN APPLYIING THE STANDARD OF FAIR NOTICE, AS OPPOSED TO MISTAKE OF LAW, IN AFFIRMING THE MILITARY JUDGE’S FINDING THAT, UNDER COAST GUARD REGULATIONS, THE ACCUSED WOULD NOT HAVE KNOWN HIS CONDUCT WAS CRIMINAL AND THEREFORE HE COULD NOT BE PUNISHED UNDE ARTICLE 134, UCMJ.

Coast Guard News reports:

Criminal charges ranging from involuntary manslaughter to dereliction of duty have been preferred by the Coast Guard against four boat crewmembers from Coast Guard Station San Diego in connection with a fatal collision between one of the station’s patrol boats and a civilian vessel in San Diego Bay late last year.

The charges were brought under the Uniform Code of Military Justice (UCMJ) and are based on information discovered by the Coast Guard investigators looking into the December 20, 2009, collision that resulted in the death of one child and the injury of other passengers on the civilian boat. Rear Admiral Joseph Castillo, commander of the 11th Coast Guard District, is the convening authority in the case.

United States v. Daly.

Initially the accused was charged with violating a CG Personnel Manual regulation (about personal relationships) under Article 134, UCMJ.  After some discussion of preemption issues (Dwight-san?), the charge was amended to remove the violation of a lawful order language.  Then the defense challenged the charge on the basis of failure to state an offense and notice.  After litigating the issue the military judge dismissed the charges, and the government appealed.

There is an interesting discussion of the CG Personnel Manual’s categorization of personal relationships into acceptable, unacceptable, and prohibited.  Apparently the evidence put the accused’s conduct into the unacceptable.  Unacceptable conduct is to be dealt with administratively only.

The CGCCA has issued a per curiam opinion in United States v. Sapp., a SPCM tried at U.S.C.G. Training Center Yorktown.

Before this court, Appellant has assigned two errors: (1) This court should consider the unreasonable and unexplained post-trial delay in determining the sentence that should be approved under Article 66(c); and (2) the promulgating order contains three errors. We grant sentence relief for post-trial delay and otherwise affirm. . . .

Notable delays in post-trial processing are found in the fifty-nine days apparently taken by the military judge to authenticate the record, the seventy-seven days taken after receipt of the authenticated record to produce the SJAR and send it to defense counsel, and the twenty-eight days between Convening Authority action and sending the record to Headquarters. The Memorandum forwarding the record gives no meaningful explanation for these delays, attributing them only to “administrative processing.”

1.  What ever happened to the Coast Guard O-6 in Alaska pending GCM for a host of offenses. 

The former Coast Guard Sector Anchorage Commander was awarded the maximum allowable punishment at an Admiral’s Mast Friday and will retire on July 1 in the grade of lieutenant with a general discharge in lieu of trial by a general court-martial.

Capt. Herbert M. Hamilton, III, was relieved of command in May 2009.  An investigation conducted by the Coast Guard Investigative Service revealed that Hamilton had inappropriate relationships with several women, including officer and enlisted Coast Guard members, and civilians, over a period of more than 13 years.  Hamilton also was charged with misusing government computers and cell phones; making false official statements; and soliciting an enlisted member to destroy evidence.  His retirement as a lieutenant in lieu of trial by a general court-martial is the result of a pretrial agreement and Hamilton’s unsatisfactory service in the grades of captain, commander, and lieutenant commander.

eNews Park Forest reports.

Last August, Travis Bishop refused to serve in Afghanistan. Having filed for Conscientious Objector (CO) status, Bishop, based at Fort Hood, Texas, in the US Army’s 57th Expeditionary Signal Battalion, was court-martialed and sentenced to 12 months in a military brig. He was released from the brig today.

Bishop served his time in Northwest Joint Regional Correctional Facility at Fort Lewis, Washington. This military brig is notorious for being a particularly difficult jail to serve time.

United States v. Bond.

Before this court, Appellant has assigned the following errors:
I.
The military judge erred when he denied the defense motion to dismiss Charges I and III for prior jeopardy.
II.
An unsuspended bad-conduct discharge is an inappropriately severe punishment for the crimes of which Appellant was convicted.
III.
Appellant’s Fifth and Sixth Amendment rights were denied when he was prohibited from recording the Article 32 investigation, and by the subsequent denial of his motion for a new Article 32 investigation.

We exercise our Article 66, UCMJ authority and set aside the findings and sentence.

Navy Times reports that:

A former sector commander in Alaska is facing a general court-marital for charges of adultery, fraternization and other sexual improprieties.image thumb UP: Coastie O 5 in serious trouble

Capt. Herbert “Mark” Hamilton III has been charged with 30 counts, including: failing to follow orders; lying to investigators; committing adultery with enlisted personnel; sending and receiving “sexual and amorous text messages” using a government cell phone; photographing sexual acts; downloading and storing sexually explicit material on his government-issued laptop; and making an official phone call “while engaged in sexual activity,” according to charging documents.

The Article 32, UCMJ, hearing for a Coast Guard O-6 accused of fraternization, adultery, and other offenses with enlisted and junior officer personnel is finished.  An IO report is pending and then a CA decision.  If the information reported as to the general nature of the case is true then it looks like the O-6 is on his way to trial or an OTHIL if he’s lucky.

Coast Guard Report is the blog questioning an absence of leadership related to disciplinary matters within the USCG. 

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