Military Judge sentences Sergeant to only 60 days confinement with NO Discharge. NO Sex Offender Registration.
May 22, 2017, U.S. v. E-5, United States Army, Fort Hood, Texas. Sergeant is accused of committing sex assault under Article 120 of another Soldier in his platoon. Allegations are made that he sexually assaulted a Specialist medic in the barracks at Camp Casey, Korea by getting on top of him and engaging in kissing and other acts while the Specialist was intoxicated and passed out. A witness supposedly walks in on this and gives a statement to CID. Government prefers charges against Sergeant for Article 120 sex assault charges. Government also prefers specifications for assault and battery on a civilian spouse of another Soldier, and for indecent language to a Private First Class. Sergeant retains Mr. Gapasin to represent him. Gapasin contests jurisdiction and files several motions following the Article 32 Preliminary Hearing. One week before trial, Government agrees to a previously made plea offer by Gapasin, reducing the Article 120 charges to the lesser included offenses of assault and battery, thereby avoiding any potential risks of sex offender registration. At sentencing, Gapasin argues for no more than 45 days confinement and for no discharge. Government asks for considerably more confinement and a Bad Conduct Discharge. Gapasin focuses on the mitigating factors in the case as well as the extenuating circumstances of the offenses. RESULT: Military Judge sentences Sergeant to only 60 days confinement with NO Discharge. NO Sex Offender Registration.