Can my son fight being chaptered out after drug use and DUI?

People may say I have no right to say this, but I would want him kicked out. He is not someone I wish to call my battle buddy. There is no way I could trust him and there is no way I would want to deploy with him. Bad judgment on deployments means a lot more then an article 15. Your son knew from the beginning that he shouldn't of done something so stupid and he did it twice. You need to talk to your son and give him some hard life because a man with bad judgment isn't going anywhere in life.

Mr Peyton. Respectfully, it’s sounds like he got a chance with minor punishment after his first drug offense. He maximized that chance with a DUI shortly after. Nothing will piss a Commander off more than to get some egg in his face that soon.
Without knowing any details, your son needs to speak with legal. The short answer is, yes, I think he can be separated under a chapter 14. Again, he needs to see legal.

Sir,

From a commanders point of view, I probably wouldn't have given him the first chance after the drug use. In our ranks there has to be trust and trust is earned. I have to know that my soldiers, sailors, airmen, marines, or coasties will be ready at a moments notice to take up arms and cover my back and they need to know that I will cover theirs. The fact that he did illegal drugs breaks that bond of trust. Years ago he couldn't have even come in with any prior drug use...that is how hard the stance is on drug use. Now you couple that with a DUI when he hasn't even gotten over his first offense only seals the deal for me. I can't put my faith and trust in his ability to make good sound and solid judgment calls in a peacetime environment, how can I trust him with my fellow comrades in arms in battle and when he is under fire to do what he swore to do under oath. I am sure he is a good kid that made bad decisions but unfortunately we cannot have that in our ranks...we just hold our young men and women to a higher standard. Hopefully he can learn from this in the civilian world and recoup and move forward.
Maj Marty Hogan
Lt Col Charlie Brown
1stSgt Glenn Brackin
Cpl Craig Marton
SGM Erik Marquez
MAJ James Woods
SGT David A. 'Cowboy' Groth
COL Mikel J. Burroughs
SFC Joe S. Davis Jr., MSM, DSL
SSG James J. Palmer IV aka "JP4"
LTC Stephen C.
CPL Dave Hoover
SFC Shirley Whitfield
SMSgt Minister Gerald A. "Doc" Thomas
SFC (Join to see)
Lt Col John (Jack) Christensen
Sgt Wayne Wood
PVT James Strait

Sir, I'm going to be a little harsh because I think your son's life is on the line. I would really recommend that you shift your focus. You seem to be focusing on trying to find a loophole to keep your son in the Army. In my opinion, the focus should be on your son's apparent substance abuse problem. The fact that he used illegal drugs at the is bad enough, but to drink and drive afterward shows that he has no regard for consequences. That's addiction. You said he hasn't been serving long, so there's probably a good chance this isn't new behavior. I hope that he gets the help that he needs, but that's not going to happen as long as you continue to excuse his behavior like it's not that bad or not that big a deal. It is that bad, Sir. It is a big deal. You should start reaching out to family support groups through NarcAnon or some other addiction organization and see what your options are. All the best.

This is just my perspective, but I really think you should focus your concerns more on what is going on with your son, rather that the consequences of his actions. My own son was struggling with depression and alcohol use, and ended up getting a dui. Obviously, I am concerned about the consequences of his actions, but I am more concerned about the issues that are behind his behavior. If it is youthful indiscretion, as most of us went thru on one level or another, it will likely resolve itself with good guidance and mentoring, as well as suffering the natural consequences of his actions. If it is something else, a more clinical approach might be called for. Either way, I would encourage he attend some program such as AA, NA, etc. For the record, I have my own struggles(anger, depression, control) and attend Celebrate Recovery meetings weekly, and I know it can help.

David, My heart goes out to you. My son was commissioned as a 2LT and then tested positive on a random urinalysis within 6 months. I told him as his Commanding Officer, I would have ground him into the dirt....but as his Dad, I’d do anything I could to protect him.
My guess is that your son is on his way out. But I wouldn’t let that stop you intrying to fight it.

Been there, done that, fighting for a soldier who was basically self-destructing. Not pleasant and not effective. Anyone can retain civilian counsel, and sue but do you really think he's going to succeed in this effort and be a good soldier. Everytime he screws up, and he'll screw up good kid or not, he'll be under more and more pressure. Not because the NCOs and chain of command want to shaft him, but because he's a lousy soldier. Good soldiers don't use illegal drugs; good soldiers don't drink and drive. He probably should seek enrollment in mental health and substance abuse programs, but I think his best solution is to seek a general discharge under honorable conditions, and seek help from the VA after he separates.

You should rephrase this question to "what can I do to help my son after he's out of the military". His career as a Soldier is done, his discharge will not be good, and his benefits both militarily, VA related, and employability in the civilian world have all been negatively affected....STRONGLY. Anything less than a General (which is possible to get, but doubtful) at this point would cost him everything, and even with the appeal system highly unlikely he'll get an upgrade. Any job will ask, and he'll be refused by damn near all in this day and age. He needs help that apparently the service cannot provide. I'd start looking into organizations on the outside that might be able to pull out the upset and get him on a straighter path.

No Sir, UCMJ (Uniformed Code of Military Justice) is not written to allow extra strikes or do overs. The punishment for being 5 minutes late to a formation is the same as being 5 hours late- nor do we have to waste our limited money on sending him to rehab, in hopes he will make it. He is an adult, they went over all the DO NOT"s when he was in training- and he has been caught doing substance/alcohol abuse twice. He was told the Army does random drug testing constantly- and he was told that drinking and driving was a serious crime. As an adult he made choices and they were bad ones, He is expected to stand up and face the consequences or if you like the reactions to his actions. I'm sorry, but I have lost good soldiers because they made bad decisions and we sent them home as well.

He may be a really good kid but it is apparent that he has not grown up to be a Man.
He was given a second chance when he was caught using a "illegal drug" and then he pissed it away by DUI.
I suspect there is more to the story than just the illegal drugs and DUI that he is telling you about if they have decided that he is a chapter case.
HE would have to convince those in charge that deserves a second chance and that he learned his less. But the DUI tends to show he did not.