VanLandingham on Teixeira

5/20/2024

Air Force seeks its pound of flesh in Teixeira leaks case

"If 16 years in prison isn’t sufficient deterrence against trying to impress one’s video gamer friends with highly classified intelligence snagged from one’s Air Force worksite, what is?
The U.S. Air Force doesn’t think it’s enough. In an almost unheard of move, the Air Force recently decided to pursue court-martial charges against Massachusetts Air National Guard Airman First Class Jack Teixeira — after Teixeira pleaded guilty in U.S. federal court for his leaks, and after he’d agreed to a 16-year prison term for his felonious retention and transmission of classified material. "

Read more here.

an SJA

5/22/2024 13:29:58

Not being familiar with how onerous an in-absentia Air Force administrative separation board is, is it possible they are just fishing for a quick OTH in lieu of trial? A preliminary hearing followed by a board waiver can be a much quicker process than convening a separation board.

And I believe there *is* a functional difference between an administrative discharge with OTH characterization and a punitive discharge at a GCM, in terms of what is waivable by the VA when determining eligibility for benefits. A discharge awarded at a GCM is a *statutory bar* to benefits. The VA can grant waivers for an OTH based on the agency's review of a member's record and a case-by-case determination of whether the discharge was "dishonorable."

Nathan Freeburg

5/22/2024 18:11:14

an SJA: That’s certainly possible. AF boards are considerably lengthier and more due process oriented than in the other services (with the exception of the Coast Guard).

Tami a/k/a Princess Leia

5/23/2024 11:48:04

A discharge in lieu of court-martial is the equivalent of a dishonorable discharge in the VA's eyes, and bars benefits. 38 C.F.R. Sec. 3.12(d)(1).

I think pursuing obstruction of justice charges is overkill, especially when that could've been charged in federal district court.

Scott

5/22/2024 14:53:31

Successive federal prosecutions to increase confinement would be distasteful. But I could certainly see how the service would want to pursue a punitive discharge for something this serious.

Maybe they can make a quick deal for a DD and no confinement.

Philip D. Cave link

5/22/2024 15:29:34

Scott, if that's part of the rationale, then we shouldn't object to a DD characterization of his service.

It is true that civilians often refer to an OTH as a DD. But that should not justify an OTH in this case. The VA rarely grants conduct waivers. But that should not justify an OTH in this case.

I'm also in agreement that a very deep investigation and transparency about it ought to be or have been undertaken. Frankly, I'm surprised we've not heard much about accountability for others.

Comments are closed.

CAAFlog

VanLandingham on Teixeira

Archives

Categories