Posted on May 13, 2016
What happens if you get a DUI after enlisting but before leaving for basic training?
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My Mom's co-worker's son enlisted in the NG and got a DUI and possibly an underage drinking charge while waiting to ship to basic. She called me to ask what will happen/what should he do, but I know very little about enlisting/recruiting. I know you cannot ship to basic with pending legal action, so my initial thought was "kid is screwed" and he needs to tell his recruiter. We had a similar situation happen in my ROTC Bat., and the kid got dropped, but I know that is a whole different animal. Can anyone offer a definitive answer for me, please?
Posted >1 y ago
Responses: 23
Saw a similar issue when I was in Boot Camp; all of 3rd Battalion was called over to the recruits barracks for the arrest, big spectacle to make sure we know what happens.
Honestly this kid is probably done for; I would expect his contract and all enlistment paperwork to be shredded.
Then again, it's the NG, so they may just tell him to come back after his sentence is over and try his luck starting from scratch. If it had been the Marines it wouldn't even take this much, they would tell him never to step foot in the recruitment office again
Honestly this kid is probably done for; I would expect his contract and all enlistment paperwork to be shredded.
Then again, it's the NG, so they may just tell him to come back after his sentence is over and try his luck starting from scratch. If it had been the Marines it wouldn't even take this much, they would tell him never to step foot in the recruitment office again
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Get an attorney asap and tell him he is going to ship to basic. Sometimes the Local DA will cut a deal for those shipping out since they have a reduced risk of getting a DUI in that town.
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My HS friend and I went into the Marines on the buddy program, he got hit on a misdemeanor for a very small amount of pot. He lost his ability to get and maintain the security clearance necessary for our field. He was still allowed in, but forced to a different MOS. Now who knows, Obama has downsized the military to an alarming level do any open billets probably have a lot of competition. My sons AF, they're letting guys go for minor infractions, and DUIs, anything even a bit negative.
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As for ROTC same thing happened to a cadet (Senior) and he was set to get a commission but they dropped him immediately. Even though he hasn't left it must be reported or big trouble will ensue once they find out and dollars wasted on training someone.
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Suspended Profile
1) Contact recruiter. He knows the answers what's going to happen to him. 2) typically this depends on the service branch and how badly does the military needs him. Since he enlisted into NG (have no idea what MOS) if it is critical MOS, chances are he might get pushed back after probation. (unlikely but possible outcome. I've seen marine recruit who joined with two DUIs. He wasn't given the choice of what to be in Marines though on the open contract. 3) My personal opinion? 90% chance he will be dropped with the chances to enlist later on but with the waiver.
Everyone here knows the times are hard on the military now and even if you breathe the wrong way, you will be dropped for any small reason. When I joined, I knew someone who had manslaughter conviction and he got in as 19D. Now, many recruiters wouldn't even look at you for diversion for MIP or stealing candy from some gas station 8 years ago.
Here's my personal advice. Get a lawyer, preferably the one who specializes in the VA/Military Law and regulations. If he get's good lawyer (especially the ones on the personal basis with judges and prosecutors), chances are he could pull quite a few strings to get him going and the charges dropped on discretion.
The reason why I am saying this, I do believe in giving second chances to people who are that young to learn from their mistakes. Punish them but do not deprive them of the something they might have the calling from. We all make mistakes after all and now one is saint.
Everyone here knows the times are hard on the military now and even if you breathe the wrong way, you will be dropped for any small reason. When I joined, I knew someone who had manslaughter conviction and he got in as 19D. Now, many recruiters wouldn't even look at you for diversion for MIP or stealing candy from some gas station 8 years ago.
Here's my personal advice. Get a lawyer, preferably the one who specializes in the VA/Military Law and regulations. If he get's good lawyer (especially the ones on the personal basis with judges and prosecutors), chances are he could pull quite a few strings to get him going and the charges dropped on discretion.
The reason why I am saying this, I do believe in giving second chances to people who are that young to learn from their mistakes. Punish them but do not deprive them of the something they might have the calling from. We all make mistakes after all and now one is saint.
AR 601-210, paragraph 4-32 A is the relevant regulation. The work around for this is the fact the judge dismisses it out right, without mentioning the pending enlistment in the court proceedings. So it technically isn't being dismissed for an enlistment, it's just being dismissed. It's also not '' law '' as some have quoted, unless a state specifically forbids it. To my knowledge, no state does. It's simply an Army regulation. It will definitely be a hard sell to the judge, but stranger things have happened.
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If getting a DUI had kept you out in my day millions would have wanted one. lol
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In IL a DUI is considered a traffic violation unless someone is hurt/killed. Realize a charge is not the same as a misdemeanor or felony conviction.
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Suspended Profile
Unfortunately that doesn't matter to MEPs. Recruiters use Federal Background checks, not the state one and even diversion or sometimes even acquittal (for example acquitted of attempted murder or sexual assault) are grounds to be denied for enlistment on moral character. Also there is no such thing as expunged records or pardon or conviction set aside for Federal Backgrounds checks either. The criminal record will come up 100% as either pleaded guilty or conviction.
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