Posted on Aug 6, 2018
Does the Army allow underage drinking when in compliance with the Texas drinking age laws?
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Fort hood, and drinking under age only if spouse is 21+ does the army allow this at fort hood and being Texas law?
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JAG Corps OBC71D: Legal Specialist
JAG Corps OBC71D: Legal Specialist
Posted 6 y ago
Responses: 5
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Stateside it's 21. That question is like asking if you can smoke a joint at Carson because it's legal in Colorado. Off and on, in Korea, the drinking age has been 18. But in the states they go by the federal law.
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SSgt (Join to see)
Drinking age is set by the state not federal government. 23 US Code section 158 (National Minimum Drinking Age) only penalizes states that do not have a minimum drinking age of 21. [https://www.law.cornell.edu/uscode/text/23/158]
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21 is the Federal Law. FT Hood is Federal Land. But bear in mind that FT Hood will have a base policy regarding this
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SSG Warren Swan
SP5 Peter Keane - Actually there is. While it states “Act” an Act passed by Congress is considered a law, and this one was upheld by SCOTUS in 87. Federal law trumps Texas law being you’re a Soldier. The UCMJ while military is based off federal law, and carries with it some of the same(or worse) federal consequences. The UCMJ for us trumps state law except when overseas where a SOFA would apply. Hence you can drink at a younger age in certain European and Asian countries
https://alcoholpolicy.niaaa.nih.gov/underage-drinking
https://alcoholpolicy.niaaa.nih.gov/underage-drinking
Underage Drinking | APIS - Alcohol Policy Information System
APIS provides convenient access to policy topics that pertain to underage drinking, in order toencourage research, evaluation, and outreach efforts in this important area.
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SP5 Peter Keane
Actually there isn't. This ACT pertains to withholding of federal monies from states not in compliance. The FBI cannot arrest someone for drinking a beer at 19. Now the states can, and that is a different matter.
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The service secretary can impose more restrictions on the service member and the commander can set restrictions for personnel on his/her installation but officially the basis is the state law.
https://www.law.cornell.edu/uscode/text/10/2683
https://www.law.cornell.edu/uscode/text/10/2683
10 U.S. Code § 2683 - Relinquishment of legislative jurisdiction; minimum drinking age on...
1988—Subsec. (c)(2)(B). Pub. L. 100–526, §106(b)(2)(A), substituted “the term ‘lowest applicable age’” for “‘lowest age’”.
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