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

Sir, I am not a member of the military so my opinion may not stand for anything. As a teacher, I want to alert you to his pattern of behavior. Teens and twenty somethings often feel invincible and when we see a mistake happen the odds are it is not the first one. I would encourage your son, regardless of what happens with the military, to seek counseling both drug and alcohol. As a parent I would research and know everything I could do that I could hopefully see if things were not straightening up. I see too many parents and young people who discover things are much worse than they seem and the family is headed down a long, difficult road. Just my opinion. I wish the best to you and your son.

I have a prejudice in this matter, and therefore I request your understanding. I was a Social Actions Drug and Alcohol Control NCO with the USAF and a Behavioral Science Specialist (Assist NCOIC Social Work/Social Service Madigan Army Hosp). Further I was also a Retention NCO for the Army. While you can fight every action of Dismissal/Chapter, etc., Is the fight worth it when considering the ramifications in relationship to Others pattern's of misconduct. It is almost like seeding the field with hope that disruptive individuals can remain in spite of their injuries to the uniform. Individuals demonstrating Patterns of misconduct should never remain in uniform. Taking Drugs is a CHOICE. Drinking is also a CHOICE. When you choose to Drive under the influence of any mind altering drug of choice, that is a crime.. but worse yet, it is premeditated and there is no excuse for that. Take the Chapter discharge and when he can grow up and rehabilitate, there are waivers that can be gained to re-enter the service if he has something to offer the service in a skill set that is needed. Remember the Military owes you nothing. Everything you get is EARNED. In this case he earned the discharge.

It's not the army's responsibility to rehabilitate your son. At his age, he knew taking drugs and driving drunk were illegal and he chose to do them anyhow. The best you can do is let your son take the responsibility and consequences of his actions, but help him learn from the experience.

The Army has a policy, you may not agree.
You are responsible for everything you do or fail to do.
That's it.
He is out.

I have seen people chaptered for far less, he screwed the pooch, and now must be take his licks for his actions. Depending on the type of discharge, he may get a shot at the guard or reserve, but I would not bank to much money on that one. Odds are he will have to spend some time out of service to show a pattern of improvement and keep his nose clean, he , just may get a shot and at having his discharged improved (that may take years). A better solution is he needs to clean up his act when he gets home, and you may wish to let him rock bottom and rebuild himself. Taking him back in, will only enable him, as he has a fall back. The harder more painful choice may be for him to work this out on his own and get his head screwed on correctly before you let him back in the door.

My knowledge of this type of action is seriously outdated (I’m from the Vietnam era) but i’m Going to toss my two cents in anyway. I was involved in three AR 635-212 hearings as prosecutor (nope, I’m not a lawyer) while I was in Vietnam. Assuming he is being chartered out under the same or similar reg, he should receive written notice of the action (not just verbal). After he received that notice, and if he requests it, he should get at least 10 days to prepare for a board hearing. He should immediately contact JAG and obtain representation. He will have the opportunity to present his case for retention at the hearing. Unlike a trial (Courts-Martial), anything can be presented as evidence, including hearsay. Without much of a positive record, it will be diffficult to make an argument for retention.

I’m sorry to say, but his chances for remaining in are small. The best he can hope for is to be released with an Honorable Discharge (unlikely if drugs and alcohol were involved), or maybe a General. The worst that can happened (remember that I am outdated) is an Undesirable Discharge. The good news is that, assuming he completes at least 180 days of active duty and receives something above an Undesirable Discharge, he’ll still be eligible for VA benefits.

He needs a good lawyer who is intimately familiar with the regs.

As for his chances: I won two Undesirables and a General in the three cases I prosecuted.

My advice to him is that, although it’s probably too late, he needs legal council now, but - and even more importantly - he needs to be a model soldier every day from now on, without even the smallest exception. And he needs to find different friends who can and will help him make better decisions.

The kick in the butt you mention may be 18 years late in arriving.

Sir,

My passion for service to country was conceived by watching John Wayne Saturday morning mantinee WWII black and white movies. Boy, was my initial impression of the Army warped. I enlisted in the US Army in May of 1989 and retired active duty May of 2009. I say this because, I too received an Article 15 for under aged drinking and for driving under the influence (DUI) on Fort Hood in Jun of 1989. That's right, 45 days extra duty and 45 days restriction to post. All of which taught me an invaluable lesson.
I recently ran across some of my old records, and I found the letter of reprimand from my Brigade Commander to the Post Commander which stated, "This soldier will probably not meet his first enlistment." Boy was he wrong! Luckily, I had some really good leaders and battle buddies that encouraged me to remain grounded. I know times are different but, hopefully, his leadership has the moral courage to punish the young solder accordingly, and the fortitude to provide him the leadership he so desires. Hang in there POP!

Sounds like he hasn't grown up yet. How would you feel if he got sent to Afghanistan, Iraq or to the African command, because when I served from 59 to 66 that what would have happened. If you were a trouble maker you would have went were their was trouble. You son will probably get kicked out of the army. Then he will be someone else,s problem. In my day he would have went to Vietnam. Im not being hard with you Im just giving reality. I seen many kids get into the Marine corp then decide they didn't want to be their. The corp tried to straighten them out . Once you signed the papers your body belonged to the Corp for 3 or 4 yrs.

Bottom line up front - the troop has displayed patterns of substance abuse - from am administrative standpoint that's two strikes your out - the Military is not personal, its a machine, and the troop in question is a broken cog - first time, you attempt to fix, second time, you dx it. sorry if this was a bit cold, but this is how the BN Commander is going to look at it, and the fact that both infractions occurred within weeks of each other is really gonna set off the chain of command. sorry - but your son needs to start looking for other employment opportunities