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: 53
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If you have 2 alcohol-related incidents while in the Navy, you get discharged. I've seen it happen several times.
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PO1 Jack Howell
The likelihood of that happening is very slim. Most commands will confine the member to ship/shore station pending the completion of Captain's Mast.
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What asshole is allowing him off post? If you have a soldier with a substance abuse problem the answer isn't just an article 15! If you don't wanna put him/her out, lock them down, send them to counseling and test them regularly! Assign them a battle and figure out what the problem is!
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MAJ Ronnie Reams
Just don't give him a pass, then he is stuck on post. Alert MPs on town patrol and if they see him, as he doesn't have a pass, back to post and an AWOL charge.
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I think the service member should not be allowed to hold any position of leadership and the same night of the incident discharge paper work should start! You would think as much as commands emphasize NO DUIs, some soldiers would listen. I would say ensure they understand the consequences and hold them to that standard, even if it is their fist violation.
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I would suggest confinement, since Pvt Snuffy has clearly demonstrated that they are a danger to themselves and others when left unsupervised.
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Of course something in addition can be done, delay the discharge for six months, use the general article and find him guilty. Dry him out, at least temporarily.
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LTJG (Join to see)
Article 111 for sure. Article 92 because the SM was driving on/off base while having no driving privileges. Article 134 for whatever reason. However, were the SM delayed an additional amount of time they would continue to receive some form of pay.. You've had many more years of experience than I do, Master Chief. Doesn't it seem inappropriate to continue to pay this person? I am unaware if, under the circumstances, a Commanding Officer could recommend brig/jail time, but I feel that would be appropriate. The SM had blatant disrespect for authority, disregard for commands, and is rude to and unaccepting of those tying to help him in his Alcohol recovery programs.. After being on restriction for so long, I am not quite sure what there is to do. Some have recommended leaving him at the gate and not funding his plane ticket and move home.. but others have countered doing that so soon would only put a problem, and more than likely an alcoholic behind the wheel again.. I'd like to know your take, Master Chief. As a growing leader I learn quickly from senior leadership. I appreciate your time.
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MCPO Roger Collins
LTJG (Join to see) - If the CO refers the matter to a courts martial, all sorts of punishment can be assigned, including loss of pay. Been a long time since I tool the UCMJ and military justice course, so don't take it to the bank. It's hard to believe we throw people out for weight or up or out with people like this hanging on. Appreciate the compliment. It's good to see sailors like you still exist in these PC times in the Navy.
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knock his rank down...here in Texas you'll spend time in prison on your second one...then what? kick them out of the service? They can't serve if they are locked up.
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I'm not sure what else can be done in this case. Perhaps expedite the discharge. Alternatively, the service member clearly violated or disregarded a lawful order about leaving the installation. Maybe a Court Martial to further punish or jail the service member before discharge under less than honorable conditions.
There's a big question here: why wasn't this service member required to receive treatment for alcoholism or drug abuse? This is a real disease that can be treated. With effective treatment the service member might be rehabilitated before release for active service. He or she might even be rehabilitated to the extent they could continue to serve honorably to the end of their enlistment or more. Perhaps we don't have the full story to start with.
There's a big question here: why wasn't this service member required to receive treatment for alcoholism or drug abuse? This is a real disease that can be treated. With effective treatment the service member might be rehabilitated before release for active service. He or she might even be rehabilitated to the extent they could continue to serve honorably to the end of their enlistment or more. Perhaps we don't have the full story to start with.
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The CC could consider ordering the accused into pre trial confinement and taking him to a court martial. They could also consider ordering the accused not to drive and to stay on base as a less restrictive means of restraint. If the service member violates those orders then the case has become ripe for court. This is obviously someone who needs help but that doesn't alleviate him of his responsibility.
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Promote ahead of peers.
Sarcasm.
After strike one said individual should be on the way out the door with a bad conduct discharge.
Sarcasm.
After strike one said individual should be on the way out the door with a bad conduct discharge.
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