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

Self discipline and following orders, particularly orders you don't want to follow, are part and parcel of being in the military.

In the military even in garrison, depending on MOS, we deal with things that are designed to kill and destroy. In addition being around those things without your full faculties can get you, or someone else injured or killed. Would you want your son in that environment, under the influence of drugs, if he were working next to a sibling? Would you find it acceptable if I left your son under the supervision of a drug user or someone with reckless disregard for the effects of drinking.

How much slack would you cut someone else's son, or the chain of command,if your son was injured or killed, because that soldier was high. And driving drunk is no different than randomly firing off a weapon, without regard to what or who is down range. Your son could have gotten just as drunk without putting others at risk; drink on base, have a designated driver, or take a cab. But he didn't. Plus while he is on the skyline for one crime, he jumps into another with both feet.

Based on the information you've given, under my command; he's subject to a court-martial and punitive discharge. Hopefully that drives home that he is an adult, who needs to make adult decisions, or face adult consequences. He needs to learn the lesson now from this set of circumstances, before he injures or kills someone. Sometimes as a father, the best thing for your child is to face the full consequences of his "bad choices." I believe in tough love. If he were my son, he would get no sympathy and minimal assistance until he had traveled the straight and narrow for a very long time.

Two offenses in a short time for a new Soldier is a sure-fire way to get chaptered. Depending on how they read the regulations, the commander might not have a choice.
The commander may elect to send the Soldier to ASAP (Army Substance Abuse Program) after the first offense and keep him in after successful completion, but a second offense will get your son thrown out of the Army, no doubt about it.

I hope that you son finds the help he needs, and that his CoC is supportive with getting him that help. He will likely need you when he gets home.

No chance at rehab is "required", the COC has the right to exercise their right to begin separation proceedings if they deem the SM to be a substandard performer or troubled by things such as substance abuse. Certain MOS's will not tolerate drug abuse or OVI convictions. There is an appeal process but if he was convicted of the OVI it is not likely he will prevail. Continued service with these stigma are more difficult in the all volunteer army when service members are being processed for separation to reduce the force. The slots become competitive and the COC will eliminate the less desirable SM and keep the one with no issues. Two substance abuse issues in a short period of time are indicative of a more serious problem to a unit commander than just making a couple poor decisions and could have detrimental effects to the morale and cohesiveness of the unit if he/she does not take appropriate action.

new army he gone see your lawer

If the soldier was a "Junior" soldier (E4 or below) I might be inclined to give him another chence if he self-identified before he was found out. However, with one strike already against him he them goes and drinks and drives and gets a DUI this is an indicator of a pattern and can not be allow in the Military. We are NOT a social justice organization. The U.S. Army is the action arm of the U.S. Government. We are paid to be "Fit To Fight" and physically ready at all times. This soldier has proven that he is not fit or ready. I woudl Chapter him out as fast as possible. Allow him to seek life elsewhere - someplace that he cannot put his brothers and sisters at risk.

It appears that he was given a second chance, they were giving a light reprimand. But then he got drunk and drove. How many chances should he get?
I had the sad task of going off the support base to collect what was left of a small car, torn into 3 pieces stretched over 150 feet, that ‘had’ 5 young airmen in it. It was his first mistake but now the Commander has to write to the parents how we lost 5 airmen.
Again how many chances should you be given

I have no clue why any other service would be any different, but in the Navy all it would take is the illegal drug use and you are DONE. Period. You will be offered treatment on your way out the door, but you’re headed out the door. It’s not even a command choice.

LTC Kevin Broom has the perfect and compassionate answer for you. The young man knew the law on both occasions, yet chose to violate them. He should be out of the military before he can get himself and maybe others killed by his poor judgement. This does not necessarily mean in combat, by it's nature military people do dangerous things every day with heavy equipment, explosives, weapons, ships and aircraft when not in combat. If you have stuff the best minds, and the best funded minds in science have designed to kill people and break things, you must be very careful whom you allow to mess with them. And they must take orders, such as orders not to abuse drugs and alcohol. It's not just the drug and alcohol abuse, it's just as important that he has demonstrated twice the inability to take orders.
I'm just shocked he is still in after the illegal drug abuse, in my day he would have been gone very quickly. In my job and many others, one could get into serious trouble for taking over- the -counter decongestants not prescribed by a military doctor. PRP, anyone?

Your son should have an MRI to see if he has a pituitary disorder like a Rathke's cleft cyst. Some people who use drugs and alcohol are self-medicating to try to deal with a birth defect affecting the brain which wasn't their fault.

Tell him to go to rehab regardless. after he completes rehab have him contact JAG. i have personally been through this myself with 3 failed urine tests. I was discharged then reinstated. Not promising this is going to get him back in but it is his best opition at this time