Edwards Airman discharged, confined for AWOL Published March 19, 2010 Air Force Flight Test Center Legal Office EDWARDS AIR FORCE BASE, Calif. -- An Airman from the 95th Security Forces Squadron was sentenced to a bad conduct discharge and 30 days confinement during a special court-martial here March 11. Airman Basic Matthew J. Lopez, pleaded guilty to a charge of Absence Without Leave, an offense under Article 86 of the Uniform Code of Military Justice, for being absent from his unit from December 17, 2009 to Jan. 19 and to a charge of False Official Statement, Article 107, for lying about the fact that he had not taken leave in the past. "AWOL and false official statements are serious crimes and the punishment sends the message that this type of conduct will not be tolerated," said Capt. Thomas Alford, Air Force Flight Test Center trial counsel. During the proceedings trial judge Lt. Col. Vance Spath heard testimony that Airman Lopez spent those 33 days away from Edwards Air Force base at Disneyland, in Long Beach, as well as in Boulder, Colo. During Airman Lopez's absence, members of his unit repeatedly attempted to reach him at his dorm room, his off-base residence, and by phone without success. Eventually he was reached by his first sergeant and directed to return to station. During testimony, Master Sgt. Phillip Folson, Jr., 95th Security Forces Squadron first sergeant, stated that Airman Lopez told him that he had never taken leave before, didn't know the process, and that he did not know that he was AWOL, which in fact was a false official statement. A simple check of LeaveWeb records presented evidence that since his arrival in August 2008, Airman Lopez had taken approved leave twice, disproving his statement. AWOL is a serious criminal offense in the military that causes morale and the mission to suffer because other members must perform the duties of the absentee. The UCMJ contains different maximum punishments for different kinds of AWOL in summary, special, or general courts-martial. In Airman Lopez's case, the maximum punishment he could have received was a bad conduct discharge, forfeiture of two-thirds of his pay and allowances, and confinement for 12 months. During his time here, Airman Lopez received a letter of counseling, a letter of reprimand, and two Article 15 actions. It was while serving out the punishment for his second non-judicial punishment that he left his unit. Airman Lopez began his Air Force career at the United States Air Force Academy. At the end of his third year as a cadet, Airman Lopez voluntarily resigned while on academic probation and under an investigation for cheating. Because he incurred a two-year service commitment as a result of his time at the academy, Airman Lopez was enlisted and assigned to Edwards Air Force Base as an airman first class. "Airman Lopez was offered multiple opportunities to correct his behavior to acceptable standards," said Capt. Melissa Horton, AFFTC Legal Office chief of Military Justice. "His commander, first sergeant and supervisor used all the tools available to them and, in the end, my office still had to prepare to prosecute this Airman. Had the unit not enforced the standards, some Airmen out there might still be depending on him." Assisting in the prosecution were Capt. Jennifer Jameson, assistant trial counsel, and Senior Airman Melissa Lugo-Velez, paralegal. For more information on courts-martial, consult Air Force Instruction 51-201, the Manual for Courts-Martial, or call the Legal Office at 277-4310.