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 8 y ago
Posted 8 y ago
Responses: 53
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There is a point where Article 15 (NJP) is no longer the answer and Court Martial is. Repeat offenses using LETHAL equipment "might" be one of those times.
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Sgt Aaron Kennedy, MS
MAJ Carl Ballinger - My impression was the EVENT (#3) occurred on base. Like getting tagged by the MPs for the DUI at the entrance/exit of the base. He said the SM was arrested for leaving base illegally, DUI, and speeding.
I don't disagree with your overarching point that we generally let civilian authorities handle matters that happen in the civilian world and use NJP as administrative action afterwards (there was a big case about it here on Quantico and the Federal Courts last year).
This "specific instance" however gave ME the impression that it occurred in OUR world, making it OUR problem. Based on that and previous conduct, this would be one of those "almost never" cases you mention as well as the "might" cases I explicitly did.
I don't disagree with your overarching point that we generally let civilian authorities handle matters that happen in the civilian world and use NJP as administrative action afterwards (there was a big case about it here on Quantico and the Federal Courts last year).
This "specific instance" however gave ME the impression that it occurred in OUR world, making it OUR problem. Based on that and previous conduct, this would be one of those "almost never" cases you mention as well as the "might" cases I explicitly did.
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SFC James Asbill
Firing Squad ???? Just kidding .. this sounds like a severe problem .. and hope the chain of command is strong and deals with it .. and let is soldiers know tah kind of thing will not be tolerated at all..
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SSgt (Join to see)
Even if the DUI happened off base that doesn't stop the CC from seeking jurisdiction. In a case with multiple DUI's and a military nexus the locals might just cough up jurisdiction. I have seen that happen multiple times both while in a prosectors office and in a defense office. Locals are all about money, but justice rings loud and clear when you tell them you will take the accused to a federal court, ask for confinement, and a punitive discharge....
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I was a hard drinker during my LT days. But I always had or was a designated driver. It is a safety issue. I view this as no less stupid and malicious as taking your rifle from the armory getting liquored up and firing off a few rounds near the BOQ/BEQ.
There should be no second chance for a DUI. As a PltLdr and Company CO, all my Marines carried a Chain of Command phone tree that include me and my senior SNCO who would come get you, no questions and no repercussions, as long as you hadn't done something else stupid. I made a half dozen pick ups in my times in command, no questions, no repercussions.
There should be no second chance for a DUI. As a PltLdr and Company CO, all my Marines carried a Chain of Command phone tree that include me and my senior SNCO who would come get you, no questions and no repercussions, as long as you hadn't done something else stupid. I made a half dozen pick ups in my times in command, no questions, no repercussions.
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Maj John Bell
ENS (Join to see) - No questions, no repercussions meant, I never brought it up. He apologized profusely and thanked me I said "You are welcome, but I have no recollection of what you are talking about."
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SMSgt Lawrence McCarter
That is very good Major, I'll certainly admire the fact You would support Your troops in that manner and take the effort to keep them safe and look out for their welfare. The DUI and maybe even loss of life that may have prevented are well worth the time and effort.
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SN Kevin Neff
ENS (Join to see) - Exactly. I think every command in the had were required to give out safe ride cards.
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SSG Marciano Gonzalez
Amen while a plt sgt.I had to do the same about 8-10 times and every time I did it I gained the respect of my fellow soldiers and the command for my actions.So if you make that small effort for other service members you gain core values.
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As a commander I had zero tolerance for DUI. If you were arrested, tried, and found guilty then you were gone. I can't trust an Airman with my life when he or she can't have enough rational thought to take care of their own self and have a plan. With that being said they always had a way out. I always told them that myself, the 1st Sgt, Chief, or their flight chief would come pick them up and get them home. Now we might have a discussion when they sober up about having a better plan but at least they thought enough to not get behind the wheel drunk. This guy should have been gone first offense for me. After the second offense, I might have conversation with his commander and question his or her ability to command by putting others at risk by allowing this to continue.
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SSG (Join to see)
You're damn straight. It's one strike, you're out. It is too easy to not drink and drive. You just don't do it. Simple. If you cannot follow those simple instructions then I don't want you around anything with the ability to kill somebody.
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SSgt John Tully
Being a jet engine mechanic for 10 years. I took being sober very seriously. Not an easy task. Being 18 years old and living off base in Germany. I figured it was easier being the designated driver than risking a F16 pilots life. One engine leaves little margin for screwup.
Now after being a cop for 25 years. I realize young people make mistakes. I'm a lot more leanient.
One mistake shouldn't cause a junior Airman, Soldier, Marine or, Seaman their military career. Corrective actions and possibly restraining to a less critical job may be a better course of action for a commander to take.
A second OUI. That's eady. a one ticket home with a bad conduct discharge.
Now after being a cop for 25 years. I realize young people make mistakes. I'm a lot more leanient.
One mistake shouldn't cause a junior Airman, Soldier, Marine or, Seaman their military career. Corrective actions and possibly restraining to a less critical job may be a better course of action for a commander to take.
A second OUI. That's eady. a one ticket home with a bad conduct discharge.
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