How long does it typically take to recieve a "punishment" from your commander/chain of command after getting a DUI off post?

2019-10-17T15:55:07-04:00

I am a PV2 as you can see from my profile (have basically been flagged my whole military career) therefore I have not been promoted at all.

So here is some back story... I have only been in the army for a little over 1 year. I joined Sept 2018 I have been at this current duty station since Feb 2019 (8 months now). I got arrested for excessively speeding off post (it is a Hawaii law to get arrested on spot for excessively speeding) on my motorcycle in June 2019 (4 months ago). I obviously got flagged for that. Then before that flag got lifted I got a DUI in my car off post in Aug 2019 and not to mention, I am also 20...

I know that my situation is pretty terrible and is 100% from my own decisions and that I fed up. And I am also obviously dealing with a lot on the civilian side. But my questions regard to the army/military career side. I have been waiting for 2 months (Since my DUI) and have heard nothing from my commander on whether Im getting chaptered or staying in with punishments. I did find out about a week ago that the commander already decided her decision and that it is at legal getting verified. Obviously my chain of command didn't tell me anything more than that on what she decided. And I have heard nothing since then. I did receive a counseling from my first line supervisor and then another one from my 1SG but they basically told me what COULD happen which I know that is normal protocol.

So basically my questions are is this normal for it take this long for me to hear something back about what is going to happen? What do you think will most likely happen? I know it is up to my commander but was wondering if anyone could tell me anything from experience.

Any response would be greatly appreciated. It is killing me sitting here day in and day out wonder what is going to happen. I feel like I should have found something out by now. Thank you!

Response by SFC Michael Hasbun made Oct 17 at 2019 4:11 PM

2019-10-17T16:11:56-04:00

Legal takes time, especially when it's something that occurs off post. Be patient. I've seen UCMJ take a year or more. Legal isn't going to rush it.

Side Note: You acknowledge the DUI. That's not something that gets swept under the rug. It's a BIG deal. prepare your resume, start looking at SFL-TAP.

Response by MSG Private RallyPoint Member made Oct 17 at 2019 4:47 PM

2019-10-17T16:47:37-04:00

Since all of your legal issues/arrests occurred off post, base legal and your commander have to confer with civilian authorities to get all details pertinent. Then once they have all the ducks from the civilian authorities, those ducks have to be sent to military legal. And that is gonna take some time. Since you have been already waiting for two months, I would gather you should be standing in front of your Commander to receive either your Article 15 or read your counseling for chapter in about another (at max) another month. But probably more likely less than 3 weeks before you discover your fate. It's a coin toss. But, since you willing broke two laws, I would venture a guess that your time in the military is nigh. But that's just a guess. But as SFC Michael Hasbun said, it could take a year.

Response by PVT Mark Zehner made Oct 17 at 2019 5:28 PM

2019-10-17T17:28:28-04:00

I was a police officer after the Army and when I had no other choice but to arrest a military member I was always contacted by the military. They wanted to know know everything including attitude. I'll be very honest the speeding ticket was not horrible to get but the DUI unfortunately may cost you your military career. The best you can hope for is a somewhat favorable discharge. If I was you that's what I'd be asking. Good luck.

Response by SGM Steve Wettstein made Oct 18 at 2019 11:55 AM

2019-10-18T11:55:14-04:00

You should automatically had your post driving privileges revoked for a year and received a GOMOR. Most DUI offenders get chaptered.

Response by PV2 Private RallyPoint Member made Oct 24 at 2019 4:30 AM

2019-10-24T04:30:56-04:00

So i found out today from my NCOIC (SFC), that is currently acting as 1SG, that i will definitely be getting a GOMAR. I’ve read a lot about it and know that is known to be a “career killer”. I then asked him if he knew anything else about the situation. He then said that he is removing my flag for being arrested for excessive speeding (that got placed in June and court got settled in July). And will counsel me tomorrow to place the flag for the DUI (that occurred in August). He then said he still doesn’t know if i will be in or out of the army. He said that is higher than the 1SG and commanders decision. Can someone help me “gear” my mind as to if you think i will have a second chance in the Army or will i get the boot? Hopefully y’all will know more with the info that i just wrote as to if its more likely for me to stay in or be out. Thank you guys in advance for the replies

Response by CMSgt David Bridge made Nov 5 at 2020 10:44 PM

2020-11-05T22:44:19-05:00

Dude I would plan on a civilian career. The longer it takes, the harsher the punishment. Only time I saw it take over a month, we kicked the kid out. DUI and a traffic infraction at the same time? Pack your stuff.

Response by Col Private RallyPoint Member made Mar 20 at 2021 9:28 AM

2021-03-20T09:28:20-04:00

As a commander we were asked to wait until the civilian authorities concluded their prosecution or turned jurisdiction over to the military. They rarely turned over jurisdiction because of the revenue from the fines. Honestly, the underage DUI is more concerning.

Response by CW3 Michael Clifford made Jul 31 at 2021 11:35 AM

2021-07-31T11:35:24-04:00

As a retired CID agent, I spent a lot of my career with my civilian counterparts. The first thing you must understand that double jeopardy (the ability to be tried twice for the same crime) does not exist in your case. Double jeopardy only applies to trials at the same level. DUI and speeding by the civilians is at the state level. A courts martial is a federal trial. Thus, even though you resolved your case with the civilians, you are still facing a trial by courts martial. You are seriously looking at a sentence in the Stoney Lonesome and a bad conduct discharge. If I were in your shoes, I would be the best soldier you can be, keep your nose clean and demonstrate that you have learned your lesson. If you haven’t already done it, sell the damn motorcycle. Driving fast without consequences only occurs in the movies.