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Air Force moves forward with Article 32 hearing for former command chief

  • Published
  • 375tj Air Mobility Wing Public Affairs
SCOTT AIR FORCE BASE, Ill. --  The Air Force is moving forward with an Article 32 hearing to further investigate the charges preferred against Chief Master Sgt. William Gurney, former command chief for Air Force Materiel Command, located at Wright-Patterson Air Force Base, Ohio.

The hearing, which is set for May 26 at Wright-Patterson AFB, is the next step in the military justice process after charges are preferred against a military member. It allows for a neutral and detached officer to further investigate the allegations. An Article 32 hearing is similar to a civilian grand jury proceeding where witnesses can be called and evidence reviewed. Unlike grand jury proceedings, however, the accused has a right to attend the Article 32 hearing and be represented by defense counsel.

Once all of the evidence is heard, the investigating officer will prepare a report recommending disposition of the charges and a choice of forum for the case to be heard for Col. Gary Goldstone, commander of the 375th Air Mobility Wing, Scott AFB. The Air Force assigned the case to a non-AFMC base at the request of Gen. Donald Hoffman, the AFMC commander. The general requested the action to avoid any potential for, or perception of, a conflict of interest with his unique role as a convening authority, since Chief Gurney worked directly for the AFMC commander.

Recommendations from the Article 32 hearing are not binding on the court martial convening authority, and options on disposition of the allegations include dismissal of the charges, use of administrative actions, referral to a special court-martial, or sending the charges to the commander of 18th Air Force for disposition. The 18th Air Force commander has the additional option of referring the case to a general court-martial.

Chief Gurney remains on duty at Wright-Patterson AFB, and the Air Force has chosen to hold the Article 32 proceeding there for logistical simplicity. Article 32 proceedings are public forums and can last for several days depending on the complexity of the case.

Chief Gurney was formally charged by the Air Force Feb. 24 with several counts of violating specific articles of the Uniform Code of Military Justice. Below are the counts, or in military terminology, specifications:
- Seven specifications of violation of Article 92, Failure to Obey an Order or Regulation and Dereliction of Duty.
- Two specifications of violation of Article 93, Maltreatment.
- Two specifications of violation of Article 120, Indecent Conduct and Wrongful Sexual Contact.
- Seven specifications of violation of Article 134, Adultery and Misuse of Official Position.

These charges are the result of an investigation by the Air Force Office of Special Investigations that began in November 2009, after a junior enlisted female member came forth with allegations of sexual harassment.

The military justice system is intended to provide for the just determination of accusations. In every case, an accused Airman is presumed innocent until and unless proven guilty.