Posted on Apr 25, 2018
Can my son fight being chaptered out after drug use and DUI?
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My son is relatively new to the army. He has made a couple of bad choices. He used an illegal drug. It seemed as though the punishment was going to be minor. But a few weeks later he was caught drinking and driving. He was told that he would be transferred to another base and put in Substance Abuse program. Now they are telling him he will probably be chaptered out. Is there anything he can do? I realize you don't know my son and as a dad I am biased but he is really a good kid. Up until these two offenses he had been doing really well. Do they have to give him a chance at rehab before they chapter him out?
Parenting
Drugs
Alcohol
Discharge
Posted 6 y ago
Responses: 177
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My late nephew (yes, LATE nephew) made a couple of similar bad choices regarding drugs and alcohol while new to the Army. He was what my family would call a "good kid". At that point in time the Army would courtmartial you and put you in in-patient treatment until they were certain you were "clean" and then give you a less than honorable discharge. For medical reasons. Generous. He was dead less than two years later in a drug related incident. Hopefully, your son gets the help he needs OUTSIDE the military.
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The command has a final say on what happens to him. He is well advised to seek counsel from Trial Defense Services (JAG). The military has very little tolerance for substance abuse problems. JAG may be the difference between the type of discharge he receives (Honorable, General Under Honorable, etc). The type of discharge can be life determining.
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Good kids don't do illegal drugs and DUI! I am sorry this may offend you but the measure is in behavior and your son has behaved deplorably. The military does NOT need offenders, it needs compliance, discipline and respect. What part of illegal drug and DUI respects the law and complies with it by disciplined conduct? Answer? Zip, none. Your son deserves being booted out and he asked for it, you likely played a part. The truth is tough!
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I know this post is a year old but it brought back old, bad memories. In '96 a few months before I retired a friend of mine (a JAG officer) asked me to sit on chapter boards. The soldier was provided a JAG officer and allowed to present his case. An LTC and two Majors then made a recommendation to the Commanding General as to the type of discharge. The test results sealed their fate but they were given one last chance to ameliorate their discharge. Almost all got an undesirable. I asked my friend why me? He said he wanted one liberal on the panel. The guy is now a federal judge but the stories of the soldiers we chaptered out still nag at me.
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That's up to the unit's Chain of Command. However, the Military has a ZERO TOLERANCE Drug Policy. All it takes is to be "popped" on a piss test one time, and you're done. Sorry sir, but your son is SCREWED.
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Being blunt here - being a "good kid" is no use in the military. Drug/alcohol abuse is not tolerated. One instance of it in a career is often all it takes to end that career. Your son got a second bite at the cherry and blew it. He ought to consider himself lucky he is being chaptered and not prosecuted.
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Maybe your son can appeal their decision and request you be admitted to a drug and alcohol program, and after completing the program the command might put you on probation for 6 months to a year and follow your performance and keep it off your official military record
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Get a military lawyer is the best shot. Other than that nothing can be done.
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