Army Court of Criminal Appeals

In United States v. Pietr Lewis, the court agreed that it was error to admit a company grade UCMJ art. 15 punishment in sentencing, over defense objection. The 15 was from a prior duty station when he was a PFC. It appears Army Regulation 27-10 para. 3-37b(1) (their JAGMAN) required destruction of the 15 once he PCS'd. However, the TC relied on the 15 being maintained in a Military Justice Online database for up to two years, IAW 27-10 para. 3-37h.

Appellant pled guilty to involuntary manslaughter and was sentenced to 42-months, RiR, and a DD. 

On 11 June 2020, appellant and a group of fellow soldiers went out to a few bars to socialize. Appellant, being under 21, was one of the designated drivers. By the end of the evening, only appellant and the victim remained at the bar. Despite being under the legal drinking age of 21, and a designated driver, appellant consumed "about five to seven drinks" that evening.

At approximately 0200, appellant drove himself and the victim back to White Sands Missile Range (WSMR), their current duty station. The victim did not wear his seatbelt on the drive back to the installation. At approximately 0317, appellant's vehicle rapidly approached one of the WSMR's installation access points. The guard shined a flashlight at appellant in an attempt to get his attention, but appellant's vehicle ultimately collided with one of the concrete barriers. The impact from the collision launched the vehicle into air where it then struck the guard shack and landed upside down. The guard narrowly escaped being hit by appellant's vehicle, which had been traveling approximately eighty-six to ninety-one miles-per-hour at the time of impact. Appellant was airlifted to a nearby hospital for the injuries he sustained. Appellant's blood alcohol level was 0.068 at the time his blood was drawn a few hours after the accident. The victim was declared dead at the scene. 

The court having found error, found prejudice and reassessed the sentence to 36-months, RiR. and a DD.