Airman found guilty at summary court-martial

  • Published
  • By 35th Fighter Wing Judge Advocate
  • 35th Fighter Wing Legal Office
MISAWA Air BASE, Japan --  On 29 June 2011, a Summary Court-Martial convened at Misawa Air Base and found Airman First Class Ismael Hernandez, 35th Maintenance Squadron, guilty of dereliction of duty, damage to non-governmental property and reckless driving. The court sentenced A1C Hernandez to 15 days confinement, reduction to the grade of Airman Basic, 15 days hard labor without confinement and restriction to Misawa Air Base for 30 days.

AB Hernandez began the night of 2 April 2011 by driving two other Airmen out to the Misawa bar district. While out at the bars, AB Hernandez started drinking alcohol to the point of intoxication, even though he was under the legal drinking age of 20.

When it came time to return home, AB Hernandez decided to drive. He was traveling at a high rate of speed near the base when he lost control of his car and crashed into the wall of a Japanese national's house. The accident not only caused damage to the house, but also injured AB Hernandez and the two Airmen in the car with him, one of whom was seriously injured and required surgery.

The Japanese government initially handled the case and charged AB Hernandez with Driving under the Influence and levied a fine of ¥500,000 (approximately $6,181.83), which AB Hernandez paid.

Although AB Hernandez confessed, apologized and pled guilty to the charges, his decision to drink and drive serves as a reminder of the associated risks and consequences of a DUI. The costs to repair the damage caused to the Japanese national's home was in excess of $20,000. Furthermore, AB Hernandez's bank account took a substantial hit due to the Japanese fine and the impact his reduction to E-1 will have on his pay for the foreseeable future.

More importantly, his actions caused his friend and fellow Airman to receive serious life-threatening injuries, and could have seriously injured or killed the people living in the house that he damaged.

Finally, AB Hernandez spent two weeks in confinement reflecting on his actions, and the very real consequences of making the decision to drink and drive.