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

He needs to planning his life outside the military now. He is at the point of no return. Sorry not sorry.

I suppose he could fight it....But that might just be a pointless exercise in futility. I don't doubt that he is a "good kid". Our prisons are full of "good kids". He HAS proven himself to be lacking in judgement.

As a retired military officer, who had Uniform Code of Military Justice authority over Soldiers, like your son, I will provide some perspective:
1. Sometime the level of authority that prefers charges over a Soldier is withheld to a higher level that those who could see the "otherwise really great Soldier". My point being, just because others see him as a good kid, they might not get a vote.
2. Generally, even if he is allowed to remain, there are many jobs requiring a security clearance in which he may be denied. Depending on his technical field (MOS), he may not be allowed to remain without a clearance.
3. Today's military is not at a shortage. What this means is, they can be fairly selective in who they recruit and who the retain.
4. He made two very significant bad choices. Both of which could have negatively affected someone else's life. Despite what a good kid he is, demonstrating his lack of concern for his fellow Soldiers makes him a high risk for a commander.
For the above reasons, it would be very very difficult to recommend he be retained and rehabilitated within the uniformed services.

Zero Tolerance Policy. OTH Discharge. Sorry, but actions and decisions have consequences. Retention sends the wrong message to the members of the unit and undermines good order and discipline. I hope your son corrects his ways, works hard, and is successful in his future endeavors.

I think that you can best help your son by helping him see that there are consequences for our actions. The “my son is a good boy” argument is not persuasive when it comes to the military, and frankly, with most professions.
Your son had the best opportunity to demonstrate he deserved a second chance when he committed his first offense. How ironic that perhaps some commander would have given him a second chance after his first offense, but we see now that he would have disappointed everyone who would have believed in him. The military should not be used for social experimenting, too many lives are at stake. The best thing you can do now is hope that he’ll approach civilian life with the determination to succeed and not use his discharge as an excuse to hide behind each time he messes up.
I wish you and your son the best.

In my opinion, once a Soldier gets into trouble There is no saying he or she is a good Soldier but made bad decisions. He/she is not a good Soldier in my opinion. Good Soldiers don’t make these types of decisions. Good Soldiers consider the consequences of their choices. This Soldier consciously chose to violate not only the UCMJ but also criminal law. Sometimes you only get one chance and this is how he chose to use his. As a 1SG, my only recommendation would be Chapter. Maybe with one or the other ther might be a glimmer of light, but both shows a pattern of misconduct and warrants a chapter. There is no recourse at this point.

I have to agree with CSM Durr. After retiring and working extensively with S.F. I would not want someone who had made a choice to take illegal drugs and then within a couple weeks, was arrested for DUI. The military cannot accept mistakes of that gravity. Those are 2 serious issues, and the best for the military is to remove the problem, unfortunately your son. The Army is not to raise and nurture, and that is the parents job, which I assume you've done to the best of your ability. But now he has made adult decisions, and is getting an adult result. The military is not a place to grow and party, its a serious place of business, and those who make poor decisions, should be removed.

Speaking as a mother and Vet, we want the best for our children. Your son may be a good guy, making a mistake doesn't make your a bad guy. However one thing your son has proven is that he needs help. He used illegal drugs (knowing that if caught he would be in trouble) then a few weeks later he is caught (drinking and driving). I know some answers you received may have sounded insensitive, but they are true. When you take the oath, you are bound to the mission of the military. Integrity is what you are and do when know one is looking. The military is not in the business of raising children, but they are in the business of developing character.
I have seen death of soldiers in peace time by careless acts by other soldiers. I don't know if you are the father or mother, but can you imagine someone using drugs carrying a weapon that can take a life? or driving a vehicle that could take a life? there is no way to recover from that? No mother or father, wife or husband wants to meet there loved one on an air force field in a flag draped coffin. I am so sorry to say that good kid he may be, but his acts jeopardize not only his life, but the lives of others. Don't think mistakes like this have not been made by some of the older military and some of the higher rank. With that being said, punishment should be the same, but to be honest some times its not that is life. Sometimes rank does have its privileges (everyone don't beat me up for that). I say that because that is just life.
I do believe your son needs help, I don't know if he will be chaptered out or not, because there is always more to the story. Did he have the problem before he came in? or did he develop the problem while serving? There is help for substance abuse, but will the strain of being a soldier compromise his healing? There are other ways to serve the country, there are also other ways for personal development and growth other than the military. Sometimes people come back in after getting it together. For now make sure that your son gets the help he needs, in or out of the military.
Best regards

Based on your input, he is guilty of both offenses. Can he fight his chapter out? He can go to JAG for their help. Based on their input he can make a decision as to whether fight or not. I was a company clerk in my day. I drafted plenty of Article 15s, had a legal clerk as a friend and shared stories of court martials in combat and non combat areas. In all likelihood, his efforts in opposition will be to no avail. I can see a CO deciding he needs to go and don't have a good argument against that decision . There are some good lessons here for your son. It is also likely he will have an even greater appreciation for those soldiers who make it. There is a small percentage of people in our country who are successful soldiers. There are many people who carry on with successful career after difficult service. Your son certainly can as well. He may actually be a better associate in a business than he would have otherwise. He is not necessarily a bad kid. There are many good young men like your son who are simply not cut out to be a soldier where poor decisions can have very serious consequences

The Army has zero tolerance for drugs. ANY Soldier caught using Drugs is an automatic you out.
Had he only had the drinking and driving they would have placed him in rehab and went from there. Alcohol Issues the Army will keep you and put you through rehab. Drug use is 10000% you are out. I am sure he is a good kid but he was briefed this over and over again. If your urine sample test positive for drugs you will be put out the Army.