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.
Edited >1 y ago
Posted >1 y ago
Responses: 53
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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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
LTJG (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
LTJG (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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As a commander I had zero tolerance for DUI. If you were arrested, tried, and found guilty then you were gone. I can't trust an Airman with my life when he or she can't have enough rational thought to take care of their own self and have a plan. With that being said they always had a way out. I always told them that myself, the 1st Sgt, Chief, or their flight chief would come pick them up and get them home. Now we might have a discussion when they sober up about having a better plan but at least they thought enough to not get behind the wheel drunk. This guy should have been gone first offense for me. After the second offense, I might have conversation with his commander and question his or her ability to command by putting others at risk by allowing this to continue.
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SSG (Join to see)
You're damn straight. It's one strike, you're out. It is too easy to not drink and drive. You just don't do it. Simple. If you cannot follow those simple instructions then I don't want you around anything with the ability to kill somebody.
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SSgt John Tully
Being a jet engine mechanic for 10 years. I took being sober very seriously. Not an easy task. Being 18 years old and living off base in Germany. I figured it was easier being the designated driver than risking a F16 pilots life. One engine leaves little margin for screwup.
Now after being a cop for 25 years. I realize young people make mistakes. I'm a lot more leanient.
One mistake shouldn't cause a junior Airman, Soldier, Marine or, Seaman their military career. Corrective actions and possibly restraining to a less critical job may be a better course of action for a commander to take.
A second OUI. That's eady. a one ticket home with a bad conduct discharge.
Now after being a cop for 25 years. I realize young people make mistakes. I'm a lot more leanient.
One mistake shouldn't cause a junior Airman, Soldier, Marine or, Seaman their military career. Corrective actions and possibly restraining to a less critical job may be a better course of action for a commander to take.
A second OUI. That's eady. a one ticket home with a bad conduct discharge.
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In this day and age, I didn't realize that a SM would be around long enough to get a second one.
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LTJG (Join to see)
Leadership gives service members every chance to succeed and bounce back from bad decisions. This is one case where it is distinctly evident that this opportunity and act of kindness has failed the Navy and given the Command a black eye. I fear that it's people like this who inevitably ruin it for "everyone". Though, DUI is an extremely serious allegation and something so easy not to do, you will eventually have someone who honestly didn't know they were over the limit, let's say .081 - this person will not be given a "2nd chance" because the aforementioned service member decided to "look a gift horse in the mouth" so to speak, and ruin it for everyone..
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SFC Pete Kain
LTJG (Join to see) - The SM is onto the 4th chance. Game over lock em up.
If the C.O.C is still protecting the SM, there may a larger problem involved.
If the C.O.C is still protecting the SM, there may a larger problem involved.
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SSG (Join to see)
Not in the Army, it's more often than not a one strike you're out policy in regards to a DUI.
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Court Martial, delay seperation until CM is done, then once convicted and in jail, chap 14, discharge upon release from jail....
Or perhaps initiate the CM, and offer up a chap 10 just to get a problem child away from the unit.
Or perhaps initiate the CM, and offer up a chap 10 just to get a problem child away from the unit.
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SSG (Join to see)
MAJ Carl Ballinger - we tend not to but we can regardless of what is normally done. It would be odd but this is not your normal DUI case.
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SGM Erik Marquez
MAJ Carl Ballinger - Sir the OP stated the last offense was "3. A week after service member was released from restriction they were stopped by police for leaving base illegally"
i read that as he was stopped by MP or perhaps FPO's on post..... thus my suggestion of CM and seperation...
If it is as you suggest, an off post incident than yes, which technically possible, it rarely is additionally adjudicated on post as well. I've only seen it once, and it was a sex crime that the civilian court let the member off for, and a the commander was not having any of that..
So if it was an off post deal.... then just separate for patterns of misconduct, if he goes AWOL in the process, so be it..... DFR and get on with life.
Put no more effort into this SM, that means no physical or mental energy other then what is required to separate him..
Every time he failed to show at an appointed place for an appointed duty, company grade ART 15, fast and easy, with punishment being restriction..and money..with money suspended as an incentive to do the right thing
i read that as he was stopped by MP or perhaps FPO's on post..... thus my suggestion of CM and seperation...
If it is as you suggest, an off post incident than yes, which technically possible, it rarely is additionally adjudicated on post as well. I've only seen it once, and it was a sex crime that the civilian court let the member off for, and a the commander was not having any of that..
So if it was an off post deal.... then just separate for patterns of misconduct, if he goes AWOL in the process, so be it..... DFR and get on with life.
Put no more effort into this SM, that means no physical or mental energy other then what is required to separate him..
Every time he failed to show at an appointed place for an appointed duty, company grade ART 15, fast and easy, with punishment being restriction..and money..with money suspended as an incentive to do the right thing
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MSG (Join to see)
this sm clearly does'nt want to belong nor deos this sm believes they have problem, i've been there, not like this though, i recognized my problem, and did the right thing, retired, sought out treatment after my first dui, its been 3 yrs, do it by the book though ac is different than rc, behavioral health gets involved, command involved remove driving privalleges on base, with all the arrests for dui, in my state its felony, put them in the brig, but dont keep on trying to help, we take care of our sm's until the end
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While the SM is serving the latest 45 days extra duty and 45 days restriction, get the Chapter 10 done, signed and escort him / her just beyond the front gate. Don't forget to take the ID card before you drive away. That's how it's done.
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Sgt Aaron Kennedy, MS
PO2 Robert Aitchison - CM/Brig might be the wake up call he needs. I can't say. But, "we" have to make the effort to resolve it.
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SSG (Join to see)
Sgt Aaron Kennedy, MS In regards to your first response: We are a family and as such should help all of our brothers and sisters overcome their problems BUT our first priority is to fight and win our nation's wars. It is difficult to maintain a ready and able fighting force while wasting precious time and resources on an individual who has clearly shown an aversion to help.
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1SG Al Brown
I didn't know that was an issue, but I bet a civilian DUI (traffic ticket) makes it to court within 30 days. By the time the Field Grade Art 15 is processed and adjudicated, there will be about a 60 day window. Worst case is to confine the SM in a cell at the MP station, feed the prisoner and rotate your Soldiers as guards. Everybody can learn a lesson if needed. I say this because the MPs will never put their personnel on this. It' the units problem.
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In my initial tour as an MP at Fort Dix, the Post Commander had instructed the Provost Marshal that the MPs would pick up drunks and return them to their company quarters without a notation, as long as they were not biligerent. Effectively we were taxis. As a major training post at the time, there were always plenty of drunks to be shuttled, and not just trainees.
Then there were the drunk DI's who would go back to their quarters and beat their wives (usually foreign born). That was back before the commander could prosecute without consent from the victim.
I got jaded pretty quickly. Have very little tolerance for those who drink irresponsibly. I'm all for having a good time, but not when your actions affect others.
Then there were the drunk DI's who would go back to their quarters and beat their wives (usually foreign born). That was back before the commander could prosecute without consent from the victim.
I got jaded pretty quickly. Have very little tolerance for those who drink irresponsibly. I'm all for having a good time, but not when your actions affect others.
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Unfortunately the service member has a serious alcohol problem that is not being addressed. But the service member need to admit they have a problem and seek help. Until the service member hits rock bottom and seeks help they will not change, and continued Article 15's, even court marshal will not change their behavior.
For the safety of everyone else, lock them up until they are discharged.
For the safety of everyone else, lock them up until they are discharged.
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