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 9 y ago
Posted >1 y ago
Responses: 53
My assumption is this individual doesn't care and he/she is a repeat offender. DUI's are handled at the General Officer Level now...for most Army Installations this means that the installation commander or Assist Installation Commander has the duty and responsibility to execute UCMJ Authority for DUI's....this used to be handled at the BN and Brigade Level at one point...The Soldier's Commander probably doesn't want to waste any more resources on this Soldier and the sooner you get rid of him the better....personally if it was an option, I would put him a holding cell until his paper's are signed off by the GO.
These days the tolerance for DUI is Zero and Commanders don't have a cell to throw people in, if they did this would be too easy....if you are a junior soldier E-4 & Below and in some cases a 2LT could possibly have a 2nd chance based on successfully finishing a Command Sponsored Rehabilitation Program (30 Day Inpatient)...
It's pretty obvious that the service member has no regard for authority and could also posibly have a significant alchohol problem...at this point I would keep the wheels turning with the discharge...another posibility is the characterization of Discharge could be upgraded from a General/OTH discharge to a Chapter 10 (Dishonorable Discharge)...which will follow the SM for the rest of his/her life...
These days the tolerance for DUI is Zero and Commanders don't have a cell to throw people in, if they did this would be too easy....if you are a junior soldier E-4 & Below and in some cases a 2LT could possibly have a 2nd chance based on successfully finishing a Command Sponsored Rehabilitation Program (30 Day Inpatient)...
It's pretty obvious that the service member has no regard for authority and could also posibly have a significant alchohol problem...at this point I would keep the wheels turning with the discharge...another posibility is the characterization of Discharge could be upgraded from a General/OTH discharge to a Chapter 10 (Dishonorable Discharge)...which will follow the SM for the rest of his/her life...
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MAJ (Join to see)
I would not waste the resources on a Soldier that clearly has no remorse or respect of authority...that is a clear breakdown of discipline...I would continue with the out processing and recommend the Chapter 10. This scenario could have gone markedly different if after the first DUI he/she was put into a Command Sponsored Rehab and Graduates. the most they would suffer is the FG ART 15 and be able to recover from it...It wont be easyfor them but it can be done. The ones that hurt the most would be E5(Promotables)...it is likely that they would get busted to E4 or E3 and now will have QMP/Retention issues.
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MAJ (Join to see)
LtCol J W - That would solve a great many things...resources that Commander's once had are gone pretty much now...on most installations there are no "CCFs" Camp Correctional Facilities anymore....also most Commander's don't even own the "Barracks" anymore either...The Installation Housing Office does...So if you Restrict someone to their BN area for example, you would still have to have someone look after them...in most cases it would be the CQ or BN Staff Duty etc...it is alot more complicated for sure...b/c it's not just the Offending SM involved, it's thier First Line NCO and possibly thier PSG as well....and if "incarceration" is involved now you need 2 or even three additional personnel, to watch them overnight and get their meals etc...MP's don't do this, the UNIT will do it...if the MP's did it...it would be easier on Commander's because the AR 15 would have more "bite"...
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I'd try to chapter them out of the military. One DUI? Maybe they're redeemable, if they're a junior enlisted. An NCO or an officer would have to go. Two or more? That's just too problematic, and more indicative of major character flaws. They'd have to go.
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LTJG (Join to see)
LTC Kevin B. could the Command Officer recommend brig/jail time? Usually this isn't the standard awarded punishment, but I am unaware if under the circumstances the CO could escalate.
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LTC Kevin B.
LTJG (Join to see) - I suppose the Commander could recommend pursuing a court martial, which could bring jail time. The standard punishment is non-judicial punishment. However, after 1-2 offenses, apparently the punishment needs to be ramped up. With that being said, it would all depend on the specific circumstances of the DUI and whatever Article within the Manual for Courts Martial they chose to pursue for prosecution (as well as the level of court martial).
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PO3 Donald Murphy
LTJG (Join to see) - You can't just frog march someone to the gate and throw them out. They have to be processed. The quickest way out is an OTH (Other Than Honorable) but your problem with that is that its technically not "bad". After all, admitting you were "gay" in the 80's or smoked dope got you an OTH. You could still get a job. As a civilian employer, I wouldn't want a drunkard. So the BCD is the route.
The service member is beyond help as either the command is stupid (multiple DUI's) or the service member himself is just a die hard party animal. So no therapy is called for at this point. Send him to captain's mast and bust him down to E-1 then lock him in the brig while awaiting his BCD to be processed.
The service member is beyond help as either the command is stupid (multiple DUI's) or the service member himself is just a die hard party animal. So no therapy is called for at this point. Send him to captain's mast and bust him down to E-1 then lock him in the brig while awaiting his BCD to be processed.
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I'd like to know your take on this situation. Should this young SM be "dropped off at the blue line" or is there more we should do before discharge? From a Senior Officer's perspective, how do you handle someone who has "given up" on doing the right thing and doesn't "want" help?
Col (Join to see) CAPT Douglas McDonald
Col (Join to see) CAPT Douglas McDonald
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Col (Join to see)
Well, this is a bit of a complex one. I believe we need a cadre of NCO's who will specialize in this type of counseling and impress upon the young service member the danger he/she poses to individuals,their families,themselves and their unit with this continuously dangerous behavior. Many corporations have programs for their employees that have substance abuse problems, and they exhaust them before going straight to termination. However, if the aforementioned Service member truly doesn't want help, "drop 'em off at the blue line" and use the time to help a military brother/sister who does want and need the help with their problem.
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Like Highlander if some of you are old enough to remember there can only be one; not multiple DUIs. After the first one some SMs in the Army get a second chance but not very many do nowadays. Getting a DUI in the Army is a good way to getting out of the Army to include officers.
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It sounds like this individual has a serious problem and I wonder why he wasn't sent to be evaluated for alcoholism or binge drinking treatment? After the third time before a discharge, he absolutely needs to be evaluated. This is a person who will end up homeless, dead or killing someone else without intervention and knowingly discharging him for multiple alcohol offenses without providing an avenue for treatment means that if anyone gets killed due to his actions upon discharge, a good attorney will access his complete history including military history, and the US Government will be sued for negligence. Somewhere in this story, a large piece is missing. Though the conspiracy theorist in me recently saw a commander do everything in his power to stop a medical board on a individual who was raped and had surgery because he did not believe she was raped and didn't think she deserved VA benefits. Due to his perception of the rape case and a false statement that she made under 12 hours of interrogation, he wanted her to be less than honorably discharged and being medically boarded ruined his discharge plans so it could be the same thing which will ultimately backfire if someone is killed. Court Martial, they are discharging him so it is likely a mute point. Now keep in mind I am also medical with some legal training so I see things a little differently than most. We also have to keep in mind public safety and perception especially in these days of homeless veterans and insufficient VA medical care.
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LTJG (Join to see)
The service member was already being processed for discharge for DUI and then got another one.. Question is: what do we do with them now?
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MAJ (Join to see)
I had a similiar situation with a Soldier that came up hot on the UA three months in a row....the process of the discharge is mandatory according to regualtions...I would continue with the Discharge, but possibly change the Characterization of the Discharge to Chapter 10....in most cases a single DUI may result in a Chapter 13/14...junior soldiers (E4 and below, WO1s and 2LTs) may get a second chance, but I can tell you that a General Officer Letter of Reprimand (GOLOR) can hurt you for 5 years...and is likely to result in a discharge for an officer for non-selection (promotion)...Since the DoD is downsizing yet again....it is likely that if you are passed over 2x...you are separated...the 2x rules usually lax a bit in times of war when the DoD want's to keep people in...and they offer a selective continuation (SELCON) board....if approved then the officer can stay in, but will stay at his current grade...this happens more often at the 04-05 levels..in which an officer can get to his twenty years for retirement...not sure how it works with Senior NCOs i know of the QMP/Retention Points etc....Last I remember you have to make E6 to make 20 years...at one point i think it was E5(P)....anyway...enough of my banter...
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Did any of you think that there might be more to it then they just got drunk???? Why did they get so drunk? What is the reasoning behind it? If it was just pure ignorance then sure chapter them out. But you first must allow them a chance to attend APAPCP .... If that doesn't work then what more can you do other then a chapter. Everyone has problems and there is only ever one perfect person to walk this earth, Jesus ,,, By the way how many of you text while driving? Talk on a cell phone while driving? Make changes to military equipment without proper request of modifications? Looked for every opportunity to score on a PCS? Not looking for a fight I am just saying.
Oh yea I would say this person has a serious problem or is just fucking stupid.........
Oh yea I would say this person has a serious problem or is just fucking stupid.........
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Treatment then discharge. I agree that this person has made decisions that have crossed the line for retention in any service, but we have an obligation to any member to make sure they are medically fit when they separate. I'm the last person to make excuses for someone but, who knows what this persons problem is, maybe they are an alcoholic, maybe they are self medicating for some trauma in their life. In my experience we have a good program in place which includes sending them to inpatient treatment if necessary. They shouldn't be allowed any Liberty until they have been to some sort of treatment first you've learned that already. Once they are fit for full duty I'd say that's a good time for a discharge. Not sure what good a Court Martial is going to do? Reduction, confinement and loss of pay isn't good enough? In my opinion a trial and subsequent sentence by court martial is a waste of time and resources when separation is clearly the answer.
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