Posted on Feb 20, 2018
A buddy who just got PCS orders received a DUI off post and has been working to get it absolved. How will this affect him?
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Posted 6 y ago
Responses: 8
What do you mean by "absolved"? Do you mean that the charges will be completely dropped, or that they'll be changed to a lessor charge? If his BAC level is documented as being above the legal limit, he may still face non-judicial punishment. His orders could be rescinded too. Lots of unknowns here (legal specifics, command climate, rank of SM, timeline to PCS, etc.).
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LTC Kevin B.
SGT (Join to see) - There are still too many unknowns here. "Trying to get it completely dropped" implies that it hasn't been completely dropped. Even if it gets completely dropped, what was his BAC? If it was above 0.05, the Army could still punish him under the UCMJ, even if the civilian authorities choose not to pursue it. Will they? That depends on how hardcore the command climate is. Given that he has received a GOMOR, it sounds like the command isn't too forgiving. Also, what is the school? Unless the Army's mission will completely fall apart without his attendance, the attorney will have a tough hill to climb.
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LTC Kevin B.
SGT (Join to see) - As a SPC, he may still have room for some forgiveness, especially if he was recently promoted. If he's a promotable SPC, or even a more senior SPC who isn't promotable, maybe not. He's heading into that zone between "young soldier who makes mistakes" and "professional soldier who shouldn't make mistakes".
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LTC (Join to see)
If he's already got his GOMOR and it is local/restricted, I'm not sure what the problem is, at least on the military side. IMV, assuming he told you correctly, he got a pretty decent deal from the Army. I can't comment on the civilian side - but if the issue is that he will be gone before the court date, his lawyer will sort that out one way or another.
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SGT (Join to see)
Thank you for your responses. He spoke to someone in JAG and they recommended that he postpone his court date and try to get it taken care of later. They said while he can request a deferment/deletment there's no guarantee, especially since it has been resolved on the military side.
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He will not be PCS authorized with any legal affairs hanging over his head, once they Army finds out- cause they won't want the fallout from the civilian court system- He better get it done quickly.
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He needs to go see HIS JAG rep...he has rights to a JAG rep that represents him against anything his command might do.
They can delay his PCS until the GOMOR is decided and/or his case is settled in civilian court - more of a delay than a cancellation...flagged, if you will.
His security clearance will probably be suspended and he just has to do a paperwork drill to get that suspension reviewed and lifted.
The whole thing is survivable...but...problematic during any drawdown...gives the military a reason to separate you, if they need the money. He needs to watch promotion rates, will also make it hard to get things that require a board review (Warrant Officer, Special Forces, certain promotions, ROTC instructor, etc)...but, survivable....
They can delay his PCS until the GOMOR is decided and/or his case is settled in civilian court - more of a delay than a cancellation...flagged, if you will.
His security clearance will probably be suspended and he just has to do a paperwork drill to get that suspension reviewed and lifted.
The whole thing is survivable...but...problematic during any drawdown...gives the military a reason to separate you, if they need the money. He needs to watch promotion rates, will also make it hard to get things that require a board review (Warrant Officer, Special Forces, certain promotions, ROTC instructor, etc)...but, survivable....
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SGT (Join to see)
Thank you sir. The gomar has already been processed by his CoC. They kept it local and restricted. He was unsure whether he was allowed to PCS with pending court date. He's opted to PCS and postpone his court date.
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MAJ Jim Steven
a local finding is good for him. Sounds like the Army is done messing with him, for now...and probably forever, again, unless a major drawdown. Now, he has a problem in civilian court...loss of license, paying increased insurance for a few years...
he will probably have to take leave and head back to previous location to attend trial or something. Also, if DUI is in a state other than what he is licensed in...both states may may make him jump through some hoops....
he will probably have to take leave and head back to previous location to attend trial or something. Also, if DUI is in a state other than what he is licensed in...both states may may make him jump through some hoops....
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