Posted on Sep 12, 2016
How should the Chain of Command handle a service member with multiple repeat DUIs?
41K
172
146
5
5
0
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
3
3
0
A little brig time never hurt anyone and it sometimes is what it takes to get an offenders attention. Commander can do wonder for attitude adjustment by applying the right amount of adjusting. But in the case, it's probably too late. The offender shoe be booted out. He should have been adjusted earlier before it became a bad habit for him.
(3)
(0)
3
3
0
http://www.jag.navy.mil/distrib/instructions/OPNAV5350.4DDrugandAlcohol.pdf
(1) Commands will discipline, as appropriate, and
process for ADSEP, those members whose alcohol-related
misconduct is serious (see enclosure (4) of this instruction for
"serious offense" definition), who are repeat offenders, or who
do not respond favorably to treatment.
(1) Commands will discipline, as appropriate, and
process for ADSEP, those members whose alcohol-related
misconduct is serious (see enclosure (4) of this instruction for
"serious offense" definition), who are repeat offenders, or who
do not respond favorably to treatment.
(3)
(0)
LTJG (Join to see)
Now this is exactly the type of answer I'd expect from a Master Chief. I wish I could give you more than one thumbs up. I am now looking into finding guidance for reporting seniors when it comes to Article 15 and court-martial. I'd like to find out exactly what type of punishment can be awarded and if there is any caveat to escalate what would normally be MAST to court-martial, recommending a heavier punishment than what could be awarded with an Article 15.
(1)
(0)
3
3
0
The person has a problem. BCD Special or continue the chapter and get them into a VA rehab program.
(3)
(0)
3
3
0
It may be time to reconsider short term correctional confinement for issues like this. It would give the services time to evaluate the soldier, figure out what issues their having and perhaps address them in such a way that would benefit both the services and the service member before they really crash and burn. I saw it used heavily during the early 80's and I believe it benefited both soldiers and the Army.
(3)
(0)
PO3 Donald Murphy
MAJ Carl Ballinger - Maybe we're not understanding each other? You just agreed to what I said: "ALL commanders can impose confinement as punishment resulting from conviction in non-judicial punishment." Thats...basically what I said. If the captain finds you guilty of DUI or any reason that you're at mast, then you can be confined. Or is that not the angle you thought I was shooting for?
(0)
(0)
PO3 Donald Murphy
MAJ Carl Ballinger - Anything the captain does comes out of mast. Mast is for any reason. A mast has to have been convened for any reason. Slim or juicy. Reason doesn't matter. So yes - although a fit of sarcasm - the brown hair incident stands. For the record, you can go to mast for a sunburn. So if the captain decided your DUI was an impact to the command, he can take you to mast for it. And AT THAT MAST, you could be confined as your punishment.
If you are in the PRP your behavior and conduct on and off base/duty are subject to disciplinary action. So the captain can look at off-base DUI's. Now - the Army may be different. Not sure if you soldiers have PRP...
If you are in the PRP your behavior and conduct on and off base/duty are subject to disciplinary action. So the captain can look at off-base DUI's. Now - the Army may be different. Not sure if you soldiers have PRP...
(0)
(0)
SSG (Join to see)
SSG Laurie Mullen - I didn't think a commander needed to hand out an Article 15 in order to put someone in a program like that, however it's possible. Do you remember if it was tied to Article 15 punishment or if the commander simply referred him into the program?
(0)
(0)
SSG Laurie Mullen
SSG (Join to see) - Hey, sorry, I'm just now seeing your response. I want to say that it was tied into the Article 15, but I'm not really sure. I was a PFC or a SPC at the time and had been on active duty 18 months at the most. All I remember is that MIC fixed those who could be fixed and those who couldn't were shown the door.
(0)
(0)
3
3
0
Confinement until discharge comes to mind. If let loose he will eventually kill someone, or many.
Turning the member loose on society does seem unfair though.
Turning the member loose on society does seem unfair though.
(3)
(0)
(0)
(0)
COL David Turk
MAJ Carl Ballinger - Maybe not confinement to a disciplinary barracks (e.g., stockade), but there are (were) other ways. As the new XO of a Combat Engineer company, I was greeted with the problem of a SM who was being chaptered out in a week, and pretty much flaunted restrictions; what else could they do to him? I had brought in to my office with his PS. Told him his official duty station was at the CQ desk next to the CQ. The only time he could leave was to eat, relieve himself, or go to services. And he would escorted to each of those events. Had a cot placed in the small office next to the CQ desk. I told the PS to secure all of his personal items except for hygiene/bathing supplies and underwear. Then told the SM that if he disobeyed this lawyer order, I would have him court marshaled and sent to Fort Reily, KS.
The week went by without an incident.
On the hand, you probably can't do that now.
The week went by without an incident.
On the hand, you probably can't do that now.
(2)
(0)
COL David Turk
COL David Turk - should have proof read the above before posting. Can't edit with my iPhone.
(0)
(0)
COL David Turk
I suppose so. Improved moral when I did it though, NCO's and non-com's alike. He was one of three or four cancers we had. Took another 3-4 months to get rid of them, but each time one left, you feel the unit pick up.
(0)
(0)
2
2
0
Court Martial and Prison. I don't think the DUI counter is very important but not maximizing punishment against an asshole who might drive into the side of a car with my Grandson in it is.
(2)
(0)
MAJ (Join to see)
For anyone E-7 and above it would require a Court Martial...in many cases I have seen these result in a Chapter 10 separation,,,,(Dishonorable Discharge)...and that can ruin a Senior NCO or Officer forever....
(0)
(0)
2
2
0
I'm not sure why military leaders and commander's are so afraid to launch problem children out of the military. He should have been kicked out after the first offense of DUI.
(2)
(0)
MAJ (Join to see)
Never had a problem with it...b/c in every case the issue was self-induced stupidity...which means there is no one to blame but yourself...
(0)
(0)
2
2
0
No back in my time .. this person would be secured either in confinement Facility awaiting punishment .. or secured (handcuffed to radiator in room for an example.) and guarded until discharge ..
(2)
(0)
2
2
0
Bread and Water for 3 Days, Mast, Discharge. Be done with the situation, make it an open mast to drive the point home with anyone else that is borderline on this topic.
There is no help for this person they do not care about themselves or others safety. 3 DUI's let the cops have them and stop paying them.
There is no help for this person they do not care about themselves or others safety. 3 DUI's let the cops have them and stop paying them.
(2)
(0)
Read This Next
Continue with Facebook 
Continue with Google