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Justice News

Department of Justice
U.S. Attorney’s Office
District of Montana

Tuesday, March 19, 2013

Jason Bryan Martin Sentenced In U.S. District Court

The United States Attorney's Office announced that during a federal court session in Great Falls, on March 18, 2013, before U.S. District Judge Sam E. Haddon, JASON BRYAN MARTIN, a 29-year-old resident of Helena, appeared for sentencing. MARTIN was sentenced to a term of:

Prison: 12 months

Special Assessment: $100

Restitution: $10,051.46

Supervised Release: 3 years

MARTIN was sentenced in connection with his guilty plea to theft of government property.

In an Offer of Proof filed by Assistant U.S. Attorney Bryan R. Whittaker, the government stated it would have proved at trial the following:

From February 25, 2002, until September 16, 2005, MARTIN was enlisted in the United States military. He was discharged on September 16, 2005, under "Other than Honorable" conditions.

Just prior to his discharge from the military, MARTIN purchased fictitious DD-214 forms from a fellow solider at Miramar Air Force Base who was responsible for providing discharge documents. These fictitious DD-214 forms showed MARTIN's discharge status as "Honorable" rather than the correct discharge status of "Other than Honorable." MARTIN then created an ink stamp signature which he then used to authenticate the fictitious DD-214 forms.

On December 7, 2006, MARTIN fraudulently re-entered the military by submitting one of these fictitious DD-214 forms to the Montana Army National Guard which reflected his prior discharge status as "Honorable." Based upon the fraudulent DD-214 form, MARTIN was re-enlisted into the Montana Army National Guard. MARTIN admitted to investigators that he created and submitted the fraudulent form for the purpose of re-enlisting in the military.

Approximately one month later, MARTIN requested Montgomery GI Bill ("MGIB") educational benefits by submitting an Application For VA Education Benefits, VA Form 22-1990. Also in support of his application, MARTIN submitted a 1606 Educational Application Form and Notice of Basic Eligibility Form attesting to his eligibility in the military for education benefits. Based upon his fraudulent representations, MARTIN was awarded MGBI benefits.

MARTIN received regular monthly (except during the summer) benefit payments under MGIB from January 2007, until May 14, 2009. Based upon his fraudulent re-enlistment, MARTIN obtained more than $10,000 in education benefits which he was not entitled to receive.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MARTIN will likely serve all of the time imposed by the court. In the federal system, MARTIN does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

The investigation was conducted by the U.S. Department of Veterans Affairs - Office of Inspector General.

Updated January 14, 2015