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I got a dui off post. My co found out. He counseled me and said im getting a gomar and article 15. My buddy I might get chaptered by hec for qsp. Is this true?
Posted >1 y ago
Responses: 22
I Have been retired from the Military service for 7 years now, so unless something has changed recently, you will be discharged from the military service, FROM MY 1ST DAY IN MILITARY SERVICE IN THE EARLY 1980, I was on active duty to the day I retired, I watched the military go from almost no punishments for drinking, fighting to 3 strikes your out, to zero tolerance, in the 1990 , you get one alcohol incident, one DUI and you were standing before the command , getting your punishments for bringing dishonor upon the service, and the community, after you received your punishment, and alcohol treatment you will be processed out with a dishonorable discharge, the VA can change it after 6 mo to a GENERAL discharge, UNLESS I AM MISTAKEN , make sure you do all the treatment, PROGRAMS THEY OFFER YOU , this will help you keep some of your VA benefits
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I had a buddy get a DUI in town, in California. The Judge hammered him pretty hard, and then he faced the Marines for discipline. He had a real eye opening moment. This was back in the early 90's, and we were both Cpl's at the time. As an E-4, if he were to have re-enlisted, it may have delayed E-5, but not ruined his career. As people advance, it will most likely hinder advancement, and if it is an Officer, it may be one and done.
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It depends. I knew one guy in my Navy nuclear Power School class unit who got a DUI and trashed a fence. He got off with a suspended reduction-in-rate for 6 months (meaning that if he got written up again, he'd lose his E4 AND maybe a stripe. If he was a good boy for 6 months, everything was OK). That was for DUI AND vandalism if you consider the fence being mowed down.
In California I knew another guy who was sent to a psych hospital for a DUI charge. I don't remember if he got busted or not. He made it clear that he wanted OUT of the Navy on a psychological disability, in his case it was 'suicidal tendencies'. He plain said it, 'Oh, my wife and son will do fine without me'. IOW, he was hoping for a medical discharge for a mental/emotional illness. Of course, that is under honorable conditions usually. The staff didn't buy it, they got him for malingering. Finally, it got to where he camped under a table in the lounge room (didn't get out under it to even relieve himself) and went on a 'hunger strike' in order to get that medical discharge on psychiatric conditions. A master-at-arms came into the ward and hauled his ass away. Now he really was in deep doo-doo. A DUI alone wouldn't have ruined his career but it's a sure bet these other stupid shenanigans on top of that surely did! He should've taken his lumps like a man. We're talking about brig time here and worse.
In California I knew another guy who was sent to a psych hospital for a DUI charge. I don't remember if he got busted or not. He made it clear that he wanted OUT of the Navy on a psychological disability, in his case it was 'suicidal tendencies'. He plain said it, 'Oh, my wife and son will do fine without me'. IOW, he was hoping for a medical discharge for a mental/emotional illness. Of course, that is under honorable conditions usually. The staff didn't buy it, they got him for malingering. Finally, it got to where he camped under a table in the lounge room (didn't get out under it to even relieve himself) and went on a 'hunger strike' in order to get that medical discharge on psychiatric conditions. A master-at-arms came into the ward and hauled his ass away. Now he really was in deep doo-doo. A DUI alone wouldn't have ruined his career but it's a sure bet these other stupid shenanigans on top of that surely did! He should've taken his lumps like a man. We're talking about brig time here and worse.
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I see a lot of gloom and doom here, and I'm sure things won't end happily if you get convicted. I suppose it's a "Hope for the best, expect the worse" kind of situation. However, I'd hearken to the advice of SPC (Join to see) below and do everything you can do to have the DUI expunged. The civilian courts are inclined to give service members and veterans a little bit more leeway, particularly if there's a Part for veterans, and it may be that you could pull off an Adjournment in Contemplation of Dismissal (ACOD) or your local jurisdiction's equivalent. As long as you meet the conditions of the ACOD, a conviction is never recorded and once the terms of the ACOD have been satisfied, the case is dismissed.
GET A LAWYER. DON'T TALK TO ANYONE EXCEPT YOUR LAWYER. LET YOUR LAWYER SPEAK FOR YOU. Remember: YOU HAVE THE RIGHT TO REMAIN SILENT.
GET A LAWYER. DON'T TALK TO ANYONE EXCEPT YOUR LAWYER. LET YOUR LAWYER SPEAK FOR YOU. Remember: YOU HAVE THE RIGHT TO REMAIN SILENT.
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