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

Dad as a recently retired Senior NCO I will tell you this I don't know you or your son but it seems like you are part of the problem! He is a man, He made the choice to join the Army just like he made the choice to do drugs and to drink and drive. When he gets chaptered and when he comes home make him make his own choice to fix himself but be there for him no matter what happens.

Your son maybe a good kid, but unfortunately he's providing he is not a good soldier. The first mistake (illegal drug use) was his opportunity to make a change. His second mistake drinking and driving was one to many. This indicates a pattern of bad judgment the military has a low tolerance for bad judgment.

Back before there were chapter discharges, and I was a company commander, it was almost impossible to discharge soldiers with alcohol or drug issues. The impact on unit morale was devastating. My first month in command I gave out 29 Article 15s and referred at least 4 soldiers for Special Court Martials...all of these being for offenses such as assault, failure to repair, AWOL, insubordination, etc.. What these all had in common was a link to alcohol and drug abuse. No training was provided to NCOs on dealing with these sort of problems...and there was no effective remedy. I used to review the personnel files of my "problem children"...and wonder how these kids got recruited in the first place. Chapter discharges solved a lot of these problems because you deal with the troublemakers in a timely manner. The Army and the other services have learned that lesson .... the military is not a social service organization. My only other thought on this is that we still need to keep an eye on the recruiters....and make sure they are not pressured into recruiting marginal candidates.

I made the mistake of a DUI, even though my stuff was dropped on the civilian side the military has zero tolerance for these crimes. Back 10 years ago it may have been a different story but it's pretty much a guarentee hes getting chaptered. Best he can do is fight for his general with honorable conditions discharge. Hopefully he learns from his mistakes. I sure know I did. I had up to my csm fighting for me to stay. Came down to my cpt to make the decision. He did not want to take a chance due to being new to the unit and not knowing me. I was slotted for my wlc and working for my sgt promotion. Lost it all and it took a while to find a good paying job. Best of luck to him.

Your son should consult with a private attorney (not JAG) that specializes in this field. After all, what evidence is there that he used the drugs or committed the DUI? That should be reviewed by impartial legal counsel. I recommend Steve Krupa or Heather Straub, both in Tacoma.

Yes - but he can't fight being stupid which is why he is being chaptered out. Sorry for being an Ahole but somebody has to say it!

Unless he can show to PTSD, TBI or both, which is defensible or something that is related therein, you will have an uphill battle! If your son was deployed, he will need to provide proof as such, orders, Line of Duty where he was hurt and it effected his well-being, then no. If it his first offense, then he can try and see about rehab. If his commander is a real bonehead, the option of Article 138 UCMJ.
But I recommend that he take swift action soon, Furthermore, DO NOT threaten anyone or anything! Just do it! Leave no room for second guessing. Know also that his stuff HAS TO be squared away....TOTALLY! I was an NCO in the Air Force and had to counsel subordinates before on this matter, I laid out the options with out holding anything back I did fight for my troops. Win or loose your son needs to take what I call "EXTREME OWNERSHIP" of his actions and failures. Be humble in his approach for his future and his well being! If he survives the ordeal and stays in, he must become a better Soldier than any of those around him. NO EXCEPTIONS!! If he makes this a career, no doubt he would be an experienced NCO. But to the here and now! Lastly, if he does get chaptered out, after a period of time and with positive proof, he can reenter the service, but must prove himself, The National Guard is one way, but again he will need to insure he can meet expectations! Here is a link or copy and paste to another internet window:

https://www.thebalancecareers.com/article-138-complaint-ucmj-3332814

Best wishes in what every the outcome is!!

I smell something fishy. But in my opinion, he had a positive UA, not the end of the world depending on his MOS/Security Clerance. But then he gets a DUI? That was his second chance. Thank you for your service and best of luck in your future endeavors, as long as they don’t involve the military.

He needs to get a civilian lawyEr he needs to ignore anything csm or 1sg tell him, they make stuff up they are more like cops maki g a case than judge and jury , lastly he has to be prepared to go i front of a military separation board : the best he might be able to get is either honorable or other than honorable discharge neither of which will bar enlisting later : He can appeal to a separation board : problem with drug and alcohol is that there are multiple problems here 1 . If you are in treatment it’s a violation to drink or so drugs subject to article 15 2. If it’s not voluntary before offense to enroll you can be punished under ucmj 3 .each action that disobeyed a direct order can be subject o it’s on ucmj action . If he is serious about staying in what he needs to to do is get an attorney ASAP : he needs to get non - jag council , the military will pay for any attorney he wants , army has excellent lawyers however they tend to get overwhelmed on Dui cases . Second he needs to plan on pushing to a separation board : the upside is that separation boards are real easy to win because the bottom line is ignored he has good pt , good weapons scores , some military schools or has college education and is willing to deploy under any circumstances senior officers are less likely t vote for separation . It’s going to be a tough fight because you can’t get in trouble for Anything while serving discipline for ucmj it’s kind of like the rule in civilian law where if you break additional laws while breaking g the law the additional breakages become felonies . First if he really want d to stay in the army he really should have taken the first action as a wake up call. Second it’s really hard not to get kicked out of a peace time army :

Can your son fight it? I sincerely hope not. It is in everyone's best interests, including your son's, to find another career field. He will have two black marks on him wherever he goes in the military, and rightfully so. But somewhere else, he can start fresh. As for my side, I need my NCOs and officers to be focused on the mission. And they in turn cannot be handling any special cases to do that. But the biggest issue is trust, which he has violated big time. This is not the place to him, but I wish only the best for him elsewhere.