Posted on Sep 12, 2016
How should the Chain of Command handle a service member with multiple repeat DUIs?
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1. A service member was knocked down and put on restriction for a DUI and falsifying official documents. Service member was allowed to continue service.
2. Same service member was arrested for DUI several months later. Service member was knocked down to E1, placed on restriction, and scheduled for discharge.
3. A week after service member was released from restriction they were stopped by police for leaving base illegally, speeding, and DUI. Service member was arrested.
Service member was already an E1 and being processed for discharge. What can and should the Chain of Command due to this person? Service member has reset the command's DUI counter to 000 three times.
2. Same service member was arrested for DUI several months later. Service member was knocked down to E1, placed on restriction, and scheduled for discharge.
3. A week after service member was released from restriction they were stopped by police for leaving base illegally, speeding, and DUI. Service member was arrested.
Service member was already an E1 and being processed for discharge. What can and should the Chain of Command due to this person? Service member has reset the command's DUI counter to 000 three times.
DUI
Discharge
Alcohol
Police
UCMJ
Edited >1 y ago
Posted >1 y ago
Responses: 54
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There is a point where Article 15 (NJP) is no longer the answer and Court Martial is. Repeat offenses using LETHAL equipment "might" be one of those times.
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Sgt Aaron Kennedy, MS
MAJ Carl Ballinger - My impression was the EVENT (#3) occurred on base. Like getting tagged by the MPs for the DUI at the entrance/exit of the base. He said the SM was arrested for leaving base illegally, DUI, and speeding.
I don't disagree with your overarching point that we generally let civilian authorities handle matters that happen in the civilian world and use NJP as administrative action afterwards (there was a big case about it here on Quantico and the Federal Courts last year).
This "specific instance" however gave ME the impression that it occurred in OUR world, making it OUR problem. Based on that and previous conduct, this would be one of those "almost never" cases you mention as well as the "might" cases I explicitly did.
I don't disagree with your overarching point that we generally let civilian authorities handle matters that happen in the civilian world and use NJP as administrative action afterwards (there was a big case about it here on Quantico and the Federal Courts last year).
This "specific instance" however gave ME the impression that it occurred in OUR world, making it OUR problem. Based on that and previous conduct, this would be one of those "almost never" cases you mention as well as the "might" cases I explicitly did.
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SFC James Asbill
Firing Squad ???? Just kidding .. this sounds like a severe problem .. and hope the chain of command is strong and deals with it .. and let is soldiers know tah kind of thing will not be tolerated at all..
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SSgt (Join to see)
Even if the DUI happened off base that doesn't stop the CC from seeking jurisdiction. In a case with multiple DUI's and a military nexus the locals might just cough up jurisdiction. I have seen that happen multiple times both while in a prosectors office and in a defense office. Locals are all about money, but justice rings loud and clear when you tell them you will take the accused to a federal court, ask for confinement, and a punitive discharge....
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PO2 Robert Aitchison
MAJ Carl Ballinger - What if you file charges against him and confine him until his court martial?
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I was a hard drinker during my LT days. But I always had or was a designated driver. It is a safety issue. I view this as no less stupid and malicious as taking your rifle from the armory getting liquored up and firing off a few rounds near the BOQ/BEQ.
There should be no second chance for a DUI. As a PltLdr and Company CO, all my Marines carried a Chain of Command phone tree that include me and my senior SNCO who would come get you, no questions and no repercussions, as long as you hadn't done something else stupid. I made a half dozen pick ups in my times in command, no questions, no repercussions.
There should be no second chance for a DUI. As a PltLdr and Company CO, all my Marines carried a Chain of Command phone tree that include me and my senior SNCO who would come get you, no questions and no repercussions, as long as you hadn't done something else stupid. I made a half dozen pick ups in my times in command, no questions, no repercussions.
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Maj John Bell
ENS (Join to see) - No questions, no repercussions meant, I never brought it up. He apologized profusely and thanked me I said "You are welcome, but I have no recollection of what you are talking about."
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SMSgt Lawrence McCarter
That is very good Major, I'll certainly admire the fact You would support Your troops in that manner and take the effort to keep them safe and look out for their welfare. The DUI and maybe even loss of life that may have prevented are well worth the time and effort.
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SN Kevin Neff
ENS (Join to see) - Exactly. I think every command in the had were required to give out safe ride cards.
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SSG Marciano Gonzalez
Amen while a plt sgt.I had to do the same about 8-10 times and every time I did it I gained the respect of my fellow soldiers and the command for my actions.So if you make that small effort for other service members you gain core values.
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