The Fort Carson-based soldier who was present at a Colorado Springs illegal nightclub during a large-scale federal raid last month and arrested days later on suspicion of cocaine distribution could face military penalties in addition to any civilian punishment, according to a local attorney who specializes in military law.
Army Staff Sgt. Juan Gabriel Orona-Rodriguez, 27, faces federal charges of cocaine possession and distribution. Orona-Rodriguez, who reportedly provided security at the raided nightclub, made his first federal court appearance in Denver on Tuesday.
Ryan Coward, an attorney with a practice in Colorado Springs, told The Gazette that Orona-Rodriguez could see military punishment, up to and including discharge, even if he is found innocent of the federal charges.
“It’s a judgment call on the part of leadership, but the military doesn’t necessarily have to wait,” said Coward, who is not involved in Orona-Rodriguez’s case.
“They could wait until the (civilian) criminal trial process runs its course, and if he’s convicted, then depending on the number of years he has served in the military, they could begin a process to potentially discharge him.”
Orona-Rodriguez reportedly held a leadership position with a local security company called Immortal Security, which has been placed on a list of establishments that are off-limits to military personnel. According to his arrest affidavit, he had been counseled to cease working at Immortal Security. Continuing to work with Immortal after his counseling would be a failure to comply with a direct order, a violation of Article 92 of the Uniform Code of Military Justice, Coward said.
For allegedly selling drugs to an undercover officer, Orona-Rodriguez could also be in violation of UCMJ Article 134, according to Coward.
“Article 134 covers a lot of offenses that might not specifically be listed in the UCMJ,” he said. “If you do something that is prejudicial to good order and discipline, or something that brings discredit to the Armed Forces, then you’ve probably violated Article 134.”
If Orona-Rodriguez is found guilty of the federal charges against him, he will almost certainly be discharged at some point, Coward said. If he is found innocent, he would still face military punishment, but discharge might not be automatic.
Because he has served eight years in the military, Orona-Rodriguez would be entitled to appear before an administrative separation board.
“Since he’s served more than six years, he’s entitled to face a board of senior enlisted and officers who will consider the basis for separation, the evidence that supports that basis, and then vote on whether he should be separated, and the type of separation,” Coward said.
“It’s like a mini-trial. He can have representation, his lawyers can call witnesses, and he would have the opportunity to try to convince the board members that he should not be separated.”
Military discharges are generally separated into two categories: administrative and punitive.
Administrative discharges
A service member receives an honorable discharge if they complete their service obligation with proper military behavior and performance. This is the most desirable type of discharge.
A general discharge under honorable conditions is given when a service member is considered satisfactory, but not without problems, according to the Department of Defense.
Veterans with honorable or general discharges typically enjoy access to most veterans’ benefits.
An other than honorable (OTH) discharge is often issued for violations that would draw misdemeanor penalties in the civilian judicial system, but not serious enough to warrant a more punitive discharge. An OTH could limit access to certain veterans’ benefits.
Punitive discharges
A bad conduct discharge (BCD) is typically issued after a guilty finding in court-martial proceeding. A service member with a BCD is generally not considered a veteran for benefits purposes.
The most severe punitive discharge is a dishonorable discharge, issued for serious misconduct, and disqualifies a service member from most veterans’ benefits.
Orona-Rodriguez was reportedly one of several active-duty soldiers present at the nightclub, located at 296 S. Academy Blvd., during the April 27 raid.
Following his Tuesday hearing, Orona-Rodriguez was transferred to the Jefferson County jail, where he remains on a no-bond hold. His next federal court appearance is scheduled for May 15.
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