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DUI, related charges send Airman to brig

  • Published
  • By Lt. Col. Ira Perkins
  • 52nd Fighter Wing Staff Judge Advocate
Senior Airman Jeremy A. Kennedy, 52nd Security Forces Squadron, had a previously unblemished record in the Air Force. His Enlisted Performance Reports were perfect. He displayed excellent military bearing and character.

Then, on Dec. 26, after a morning of heavy drinking including 10 glasses of whiskey and cola, Airman Kennedy sat behind the wheel of his car and pulled onto the B-50. Around 6 a.m., Airman Kennedy careened into a guardrail along the road, leaving his car in a badly damaged and barely drivable condition. Instead of stopping and remaining at the scene of the accident as required by law, Airman Kennedy fled the scene. When he arrived home, he called security forces to report he had been involved in an accident, but lied to one of his own security forces squadron coworkers who was manning the law enforcement desk. He reported he had been struck by another car in a hit-and-run accident.

Security forces and the German Polizei responded Airman Kennedy's home, where he submitted to a breathalyzer and blood alcohol testing. His blood alcohol concentration level was .135, which is above the legal limit of the Uniform Code of Military Justice.

At a Summary Court-Martial Feb. 26, Airman Kennedy Pleaded guilty to three charges - driving while intoxicated, fleeing the scene of an accident and making a false official statement. During sentencing, Capt. Jeffrey J. Lorek, the military prosecutor, said Airman Kennedy's case was different than other cases he had prosecuted. Before the court was an Airman who, up until recently, had always done what was right, responsible and professional. But, on the morning of his crimes, Airman Kennedy set aside everything he knew to be right and broke the law. For that, argued Captain Lorek, Airman Kennedy had to be held accountable.

Taking into consideration the facts surrounding the three charges - Airman Kennedy's lack of any prior disciplinary history and his otherwise outstanding military service record - Captain Lorek said the government would not seek the maximum allowable sentence of 30 days confinement and reduction in grade to airman basic. Instead, argued the prosecutor, a minimum amount of time imprisoned along with a reduction in grade from senior airman to airman 1st class would properly punish Airman Kennedy for his conduct and would serve as a deterrent to other members of the Air Force.

The Summary Court-Martial officer sentenced Airman Kennedy to 10 days of confinement, reduction to the grade of airman 1st class and forfeitures of $500 in pay for one month. Airman Kennedy accepted the sentence with the same professionalism for which he has been credited throughout his Air Force career. Earlier in the court-martial, Airman Kennedy expressed immense remorse for his conduct and vowed never to commit such offenses again.

Airman Kennedy's case illustrates that all Airmen are susceptible to making bad decisions. In the past year alone, there have been five Sabers court-martialed for drunken driving, four who have served terms of confinement at the Mannheim prison. Many Sabers erroneously believe they will only receive a letter of reprimand or an Article 15 for a DUI. In reality, Sabers both with superb military records and poor records alike have been prosecuted.

"Drunk driving is a serious matter in the Air Force and here at Spangdahlem Air Base," Captain Lorek said. "One aspect of a JAG's job is to enforce the UCMJ and Air Force standards of conduct. Sabers who violate the law and our military standards must be held accountable. Otherwise we've just set a new, lower standard of acceptable conduct."