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

The Navy's policy was ZERO tolerance so it sounds as if your son being in the Army was given one "free pass" and screwed it up. I personally did not and do not believe in a zero policy but rules are rules - there's no way your son could claim he wasn't aware since it's pounded into you concerning drug usage, drinking and driving, etc. Sorry to hear but he knew what he could and could not do and rolled the dice.

He may or may not have a chance at staying in the military. I got NJP'd during my enlistment for one offense of drunken while on duty. Before my punishment was handed down, I was voluntold to go to in treatment substance abuse program. I went along with the program and was allowed to stay in the Marines. Also, I was told that they were gonna try and give me an other than honorable discharge. But it never happened and I received an Honorable Discharge. I didn't have any history of illegal drug use though. So his command may look a bit more differently on him. Under the UCMJ, there is a zero tolerance drug use policy. I would say he should expect the worst and have a plan for his life on the outside of the military. That's what I did before I knew the outcome in my situation.

He most likely won’t be able to do anything because he violated command orders of all variety with the second offense and it seems like the command already gave him a second chance many get chapters with just a dui: separation board is his only hope

Mr. Peyton, from a fathers perspective, I fully understand your desire to do all that can be done to stop your son from being chaptered out. From a leader's perspective, he's toast. The only thing that can save him is the chain of command. If they, from his squad leader/ section chief on up, think he's worth saving, they'll give him every opportunity to be saved. That being said, two violations of zero tolerance policies in such a short time indicate he's not worth the chance, good kid or no. He may be a good kid, but he ain't being a good soldier. Where he under my leadership, my most sincere recommendation would be a court martial, with every chance of hard time in Kansas. From his own actions, he's proven he can't be trusted to make good decisions. In this particular line of work, bad decisions get people dead. Trust is intrinsic to soldiering. He lost that trust. No, sorry to say, he's done. And unless he's shown more mercy than justice, his reenlistment code will prohibit him from ever wearing a uniform again. I know that seems harsh, and maybe even heartless, but it isn't. He made two seriously bad choices, in a very short time. Not mistakes, choices. Career ending choices, and he knew it. I'm very sorry to say it, but he deserves neither a second chance, nor mercy. Actions have consequences, piss poor actions have piss poor consequences. He's about to discover that very hard fact. I do hope he manages to overcome whatever demons he's fighting, and is successful in the civilian world.

Even though your son does have right in the military, he has not helped himself by doing other things prior to the DUI. It wouldn't be much different in a civilian court of law with evidence stacked against him. His only option is to speak to a military attorney and help him weigh his situation.

Unfortunately, his previous actions show a poor pattern in decision-making. He created an unnecessary risk to himself and others. They can rescind him being chaptered out, but please consider all the resources that will be used just to keep him in, and risking repetitive wrong-doing. The only other thing to consider is what has his leadership done to help him from his first mistake. Good leaders can have a huge impact on a soldiers decision-making and growing as an individual and as a part of a team. However, in the end, his actions do fall on him.

Sir, this is going to sound harsh, but no, your son is not a good kid. He's a young man who toland oath. He did not make a mistake. A mistake is oversleeping and missing formation. He purposefully ingested an illegal substance. And then on another occasion he ingested alcohol and then made the decision to get behind the wheel of a car, putting not only his own life in danger but countless other lives as well. He is showing a pattern of bad decisions and disregard for the lives of others. And this is while he is home on US soil. What kinds of "mistakes" will this lead to under stress in a war zone when his brothers and sisters in arms are depending on him and his decision-making abilities? How many of their lives will he risk? He absolutely should be chaptered out - maybe he will learn from the consequences of his poor decisions and he will mature and return to the Army as an older man with some wisdom. Until then, he doesn't belong in the military.

You say he is a good kid. Well, he may have some good qualities not mentioned in your post. However, he is clearly not able to meet the standards required of a soldier. More importantly going forward, he is currently making very poor life choices and if he continues to do so as a civilian he will have a hard time in civilian life too.

Have you considered that separation from military service with less than an honorable discharge is definitely not the worst possible outcome he could have had. How would you feel if your "good boy" kills someone with his motor vehicle? If he accidentally kills himself?

Right now, your job as a parent is not to save his military career - that's over. Your job is to straighten him out so the rest of his life will not continue to lurch from one screw-up to another. I do not know the young man and wish both of you well. You are the one getting a second chance now. A second chance to do some parenting that involved tough-love. Don't blow that chance sir.

He may be a "good kid", but, sadly, he's not *showing* that he's a good kid. Twice, at least, his behavior has demonstrated that he is willing to risk other people's lives with his personal behavior -- drugs, and then drunk driving. Either of those could lead directly to a mistake that gets innocent people killed.

If hes made 2 mistakes after being forgiven for the 1st, hes probably out.

If a good person gets the chance to reverse the decision than they will, so I strongly advise trying. But depending on the particulars of the behind closed doors understandings of the commanders and NCOs (especially if his CO is a jerk) this may be impossible.

Do understand, though, that in the many dozens upon dozens of chapter cases I know of only one managed to reverse the chapter recommendation, but even he had to go through a long and miserable time as a holdover then reclassing and retraining because bureaucrats. Frankly, it may be just as easy to re-enlist in 6 months, the recruiter won't care. But note that even then you'll experience the same jerks but with different faces.