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?

2018-02-20T06:48:47-05:00

Response by SGT Private RallyPoint Member made Feb 20 at 2018 6:49 AM

2018-02-20T06:49:40-05:00

I have a buddy that just got PCS orders. He got a driving while impaired ticket off post and has been working to get it absolved. His unit has already issued his gomar, they made it local restricted. He's no longer flagged but still has pending a court case. Can he be forced to PCS under this situation? I advised he go speak with JAG but hoped someone may have some first hand experience on here. Thanks in advance.

Response by LTC Kevin B. made Feb 20 at 2018 7:58 AM

2018-02-20T07:58:53-05:00

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 His orders could be rescinded too.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.).

Response by SSG Jose M. Hernandezsanchez made Feb 20 at 2018 8:29 AM

2018-02-20T08:29:20-05:00

SPC Simpson,
I would think that his PCS orders might have some changes such as reporting date to the new duty station because he might have to appear in court, and we don't have control over what date he has to be present.

Response by SGM Bill Frazer made Feb 20 at 2018 9:58 AM

2018-02-20T09:58:14-05:00

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.

Response by CSM Darieus ZaGara made Feb 20 at 2018 10:38 AM

2018-02-20T10:38:24-05:00

I recommend that he inform his COC immediately. Even if it is absolved, he is withholding information that affects his PCS and his Security Clearance. The command deserves to know. Bad news does not improve with time. Thank you for your service.

Response by SSgt Boyd Herrst made Feb 20 at 2018 7:36 PM

2018-02-20T19:36:49-05:00

Maybe his orders get red-lined .. I’ve seen it happen.. when s’one is PCs-Ing they got to walk the straight ‘n’ narrow all the way to report in day and awhile beyond..

Response by Cpl Justin Goolsby made Feb 20 at 2018 9:39 PM

2018-02-20T21:39:08-05:00

Well his orders could be cancelled for starters. He could be separated from the service for another. Loss of rank. Loss of pay.

It is highly doubtful that his current command would pass off the punishments to his new command since there's a likely event that he'd have to appear in court.

For his sake I hope he's a stellar soldier and this is his first misstep... because otherwise he could be packing his bags and being sent home instead of a new duty station.

Response by MAJ Jim Steven made Feb 20 at 2018 9:49 PM

2018-02-20T21:49:57-05:00

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....