Result of Special Court-Martial

  • Published
  • 71st Flying Training Wing Staff Judge Advocate Office

VANCE AIR FORCE BASE, Okla. – On 24 January 2017, at Vance AFB, OK, the verdict in a Special Court-Martial (SPCM) was announced: a Bad Conduct Discharge, confinement for sixty days, reduction to the grade of E-1, and forfeiture of $1,000.00 pay per month for two months.  This was the culmination of over 180 days of investigative and prosecution efforts between multiple agencies (both civilian and military) spanning from Alaska to Oklahoma.  The accused was tried by a Military Judge pursuant to his request to forgo a trial comprised of a panel of military members.


The accused in this case, Donald A. Devito, pled guilty and was convicted of two specifications involving illegal possession and multiple uses of marijuana, as well as two specifications of larceny of government property that was worth over $500.00.  The accused committed the multiple larceny offenses at two separate duty locations over the span of four years, ultimately stealing approximately $5,000.00 of government property.  In regards to the possession and wrongful use of marijuana, these offenses occurred during the accused’s time at Vance AFB.


The punishment in this case is commensurate to the offenses committed by the accused.  A Bad Conduct Discharge (BCD) represents the lesser of the two forms of punitive discharge that may come as the result of a Court-Martial conviction.  However, even the lesser of the two punitive discharges significantly impacts the benefits that the majority of service members are eligible to receive.  Furthermore, the accused in the case will be required to acknowledge his status as being convicted of a federal offense from this day forward on any job application/official document that requires the information.