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?
Posted >1 y ago
Responses: 175
I would agree with CSM DURR. I would not want to go to combat next to a guy who makes those choices. Not judging at all but he obviously doesn’t take his job seriously and with the drug charge could potentially put others at risk. As far as the dui coming from 1st batt that is fairly common but big time punishment for it even getting kicked out of batt. It sounds like he needs to grow up some.
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During the Chapter process, your son will be given an opportunity to speak with legal. Your son NEEDS to take advantage of that opportunity. There is a possibility that he can be allowed to challenge the chapter and face a board/hearing.......but I won't lie, it doesn't look good for your son since both incidents happened close together.
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MSG (Join to see)
SSG Warren Swan - Not there yet. I have to finish this deployment before I can even do the Senior Leader Course Resident in order to pin on. But thank you.
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SSG Warren Swan
MSG (Join to see) - Under the current standards, you do the online or is there a Reserve/NG course or do you have to go to the AD course after completing the online portion? I'm not up to date after almost 6yrs. AD was doing online portions then attending resident MOS related to shorten TDY from home station. All the Reservists we had were on AD (title 10?) orders and did the same as the AD folks.
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MSG (Join to see)
SSG Warren Swan - What the standard is now is that all Soldiers from AD, NG and USAR all do their NCOES (or NCOPDS as I hear it's called now) in steps. Take me as an example, since I have been recommended for SFC, I am now required to complete Senior Leader Course (formerly ANCOC) Phase 1 Distance Learning via computer based training. Once completed, I then have to request a seat (and pray I get a reservation) for Senior Leader Course Phase 2 Resident Non-MOS specific where I would travel to JB San Antonio and either be put in a class with all USAR and USANG or a class with all components wrapped into one (as I hear that is what the Army is working towards). I do need to research to see if my MOS has a required Phase 3 MOS Specific like my Advanced Leader Course did. If it does not, then I just wait for orders to be cut when done with Phase 2. If I have to do the Phase 3, then I complete that course and I can then get promoted.
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In USMC 20 years ago, any drug meant almost automatic discharge. Only debatable if they were Pvt - LCpl. If not, the DUI would have sealed the deal, no matter how outstanding he is/was. Two offenses shows pattern misconduct and the services just don't want to or have to take the chance. Sorry it turned out this way, but he'll need you more than ever soon. Make sure he realizes that he's still a good kid and you are there for him. He just made some poor choices as youngsters do, but in an environment with zero tolerance. Life will go on for him, but you need to be supportive within reason. Don't let him sit and fret. Put him to work so he can work his way out of this temporary setback.
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Back in my day the easiest way to get into rehab was to self identify as someone that had drug or alcohol issues. Getting in trouble was not considered self identification. From day one we were warned of the possible troubles that would come your way if you didn't keep your act together. sounds like ha was cut some slack and blew it.
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WTF is chaptered out? In my day, late 60s a person caught using drugs was given a BCD, and sent on their way.
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Sir, know neither you nor your son, however, I know the military. He was given a second chance and didn't take advantage of it. My nephew did the same thing. He had weekend liberty and UAd on Monday, he came back "dirty". He had to go to a substance abuse program and was placed on "probation". Six months later he did it again and he was chapteted out. My brother and I, Marine Corps veterans, flew to New York, he was stationed at Ft. Drum, and asked if hiring a former JAG lawyer would do any good. We were told, flat out, it wouldn't help. My nephew learned his lesson. He's now a manager at Home Depot. I can only hope your son can do the same.
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Sir, as a former Company Commander I had the unfortunate opportunity to Charter Soldiers because they chose to use illegal substance without givi g them a second chance. This is one of the many decisions military leaders face everyday and we always take into consideration how those decisions affect the morale and good order of the organization. Your son is a good kid but made a poor decision, not once but twice, now he will not only live with the consequences but hopefully learn from it.
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If I was You, I'd Help Him Pack, As soon as he Gets out of the Gate,, I'll Send Him on His Way, NOT Home , Mind You.. What your Children do is a reflection of His Upbringing.. ( Meaning You) . I have 3 Grown Children,, They were Told to Be Prepared to Face Life upon Reaching age 18 .. I was going to Show then the Door to Reality and I did. Two of them are Already Retired from USAF, one E8 the Other E7, the Oldest can Retire anytime he'd want from Federal Law Enforcement( Also a Vet With 8 Yrs Service).. All this B Cause I put the Fear of GOD( Actually my Size 8 Boot) in their B hind, They Took Heed and Flew the Nest... My Point? You Children Will be as Good as they can Be... Just Let them. You Failed, Simple as that...
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I would have a serious talk with him. He will need to understand that what he has done not only looks bad on the army, but presents a very real threat to other soldiers.
If he really wants it. It is possible that he can remain in the army. I mean possible as in barely. He has to show his command that he really wants to fix his issues. And he would have to do everything to the t. One screw up will ruin everything, even something relatively minor like not being 15 minutes prior to a formation could make the command believe that they shouldn't fight for him.
He would also have to understand that his command could have their hands tied and that there might be nothing he can do except fight for the small possibility of an honorable discharge. His life would be a miniature hell for a good period of time and he would have to he extremely cautious of even the smallest mess ups.
It's possible. But don't expect to not he chaptered after all each of those offenses on their own is enough for his command to chapter him let alone together.
He should also start making plans for the outside world, and it's going to be easy for him.
Good luck.
If he really wants it. It is possible that he can remain in the army. I mean possible as in barely. He has to show his command that he really wants to fix his issues. And he would have to do everything to the t. One screw up will ruin everything, even something relatively minor like not being 15 minutes prior to a formation could make the command believe that they shouldn't fight for him.
He would also have to understand that his command could have their hands tied and that there might be nothing he can do except fight for the small possibility of an honorable discharge. His life would be a miniature hell for a good period of time and he would have to he extremely cautious of even the smallest mess ups.
It's possible. But don't expect to not he chaptered after all each of those offenses on their own is enough for his command to chapter him let alone together.
He should also start making plans for the outside world, and it's going to be easy for him.
Good luck.
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Sir, do be honest your son was lucky he wasn't immediately dishonorably discharged after the drug use. I personally know three people that popped hot that received that max during the Article 15 process and were immediately booted out. I think in both cases it took less than two weeks from the piss test to them being dishonorably discharged. And during that time those three were confined to their barracks except for work and extra duty. So the fact that your son was able to be out of the barracks proved that his command was willing to give him a second chance. And I will agree with many on this thread.... he pissed that opportunity away by making the INCREDIBLY stupid decision of drinking and driving. The three people I personally knew were not given a second chance, they were Articled then immediately discharged. But on the good kid front, I also knew someone who was a good kid but wasn't a good soldier. He was good at soldiering but, had a very hard time maintaining the cleanliness standards set forth by the Army for living in the barracks. So after getting his ass chewed out by our Top many times, he was chaptered out for failure to conform to Army standards.
Now with all that said I am not claiming to be some saint... I received two company level Article 15s, in two different commands, for underage drinking when I was in. Both were very poor decisions on my part and I "paid my dues" if you will. But because I was a good soldier, who made a very poor decision, my command saw that and only gave me the company grades. So that those Articles would not haunt either my military career or my civilian career. That is the difference, in my opinion, of being a good soldier and a good kid. You cannot be just a good kid and successfully serve. You MUST be a good soldier, marine, sailor, or airmen to successfully serve. The expected standards of behavior and conduct are hammered into our heads from day one. Whether the service member went through basic or ROTC. Those standards, and the consequences for breaking those standards, are made EXTREMELY clear to us. So your son made the decision to take those drugs and drive under the influence knowing full well what could happen if he got caught. Now clearly I don't know your son so I cannot pass any judgment on him as a person. But, based on my experience I can certainly say that if he willingly made two incredibly bad choices like this I would never trust him to have my back. So like was said in this thread he may be a good kid but he is not a good soldier. Whether he is still in or not I wish him all the best. Cause even though he made some poor decisions while he was in he still did server, and that makes him a brother to me. So I wish him all the best and hope that this experience served as a hard lesson learned as he moves forward in his life.
Now with all that said I am not claiming to be some saint... I received two company level Article 15s, in two different commands, for underage drinking when I was in. Both were very poor decisions on my part and I "paid my dues" if you will. But because I was a good soldier, who made a very poor decision, my command saw that and only gave me the company grades. So that those Articles would not haunt either my military career or my civilian career. That is the difference, in my opinion, of being a good soldier and a good kid. You cannot be just a good kid and successfully serve. You MUST be a good soldier, marine, sailor, or airmen to successfully serve. The expected standards of behavior and conduct are hammered into our heads from day one. Whether the service member went through basic or ROTC. Those standards, and the consequences for breaking those standards, are made EXTREMELY clear to us. So your son made the decision to take those drugs and drive under the influence knowing full well what could happen if he got caught. Now clearly I don't know your son so I cannot pass any judgment on him as a person. But, based on my experience I can certainly say that if he willingly made two incredibly bad choices like this I would never trust him to have my back. So like was said in this thread he may be a good kid but he is not a good soldier. Whether he is still in or not I wish him all the best. Cause even though he made some poor decisions while he was in he still did server, and that makes him a brother to me. So I wish him all the best and hope that this experience served as a hard lesson learned as he moves forward in his life.
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