Posted on Jan 2, 2019
SPC Combat Documentation/Production Specialist
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I know a lot of people who got their first DUI & had no punishment, just a warning. Second time getting a DUI is when they get extra duty or kicked out or both. I just would like an understanding on why nothing really happens the first time.
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Responses: 14
CPO Steelworker
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There is a lot missing here. I believe the ones you have seen that didn't get UCMJ punishment are the ones that got caught out in town. What you don't know is that is coasting them at least $10,000 dollars and Community Service and probation. The other reason is they as in Military risk Double jeopardy and can get in trouble for punishing someone twice. The example is someone gets a DUI out in town after duty on weekend, no other crime and they show up to work on time after the weekend, technically there was no Violation of USMJ and they can only let the civilian court deal with them. On the other hand someone gets a DUI on weekday, can not show up for duty next day, because he or she is in Jail, they can get you for missing duty or UA, still not for DUI, unless on station. Bottom line is every case is different and just because you did not see that person get punished in public per say at Command does not mean they walked away Scott free, things happen like entrées in their service records like letters of reprimand and other things like not recommended for retention or reenlistment. Every case is different.
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SPC Combat Documentation/Production Specialist
SPC (Join to see)
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I only say they didn't get punished is because they say "I got off with a warning," and actually smiling about it.
Thank you, I take what you say into consideration. I ask just out of curiosity and want to know what people have to say about it.
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SFC(P) Drill Sergeant
SFC(P) (Join to see)
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SPC (Join to see) - Nobody should be smiling about a DUI. It is a serious criminal offense and can serve up to 1 year in jail on first offense.
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LTC Kevin B.
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Commander's discretion. Not all commanders come to the same conclusion on how to discipline their troops. Some will nuke people on the first offense, and others will give someone a second chance, especially if the soldier has otherwise been a solid member of the team.
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CW5 Sam R. Baker
CW5 Sam R. Baker
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On point and you're 100% correct.
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MAJ Attorney Advisor
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SPC, keep in mind not every punishment is announced to everyone because it is considered need to know. So while you might not hear anything, they might be carrying around a GOMOR or Article 15.
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