With updates to regulations and policies, can you consent while drinking alcohol?

I don't know who your SHARP instructor was but they're wrong. Right in the newest SHARP slides it says that it is a myth if you have consumed any alcohol you can't consent. There's a slide solely about that.

Article 120 clearly states what is consent and what isn't:

http://www.sapr.mil/public/docs/ucmj/UCMJ_Article120_Rape_Sexual_Assault.pdf

(8) Consent.
(A ) T h e t e r m ‘ c o n s e n t ’ m e a n s a f r e e l y given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue shall not constitute consent.
(B) A sleeping, unconscious, or incompetent person cannot consent. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or fear or under the circumstances described in subparagraph (C) or (D) of subsection (b)(1).
(C ) L a c k o f c o n s e n t m a y b e i n f e r r e d based on the circumstances of the offense. All the surrounding circumstances are to be considered in determining whether a person gave consent, or whether a person did not resist or ceased to resist only because of another person’s actions.

Nowhere does it say if you have had a drop of alcohol or any alcohol you can't consent to sex. Everyone's tolerance is different - so one drink might incapacitate someone where as another person it takes 20 drinks. The key terms are if they are incapacitated, incompetent or unconscious. So if the person you are with is stumbling out the door, barely able to stand and incoherent, don't have sex with him or her.

If you aren't sure if your partner wants to have sex - whether it's a first time hook up or someone you've been in a long term relationship with - don't do it. Don't push it. Just wait until they tell you "YES."

It is not "unit based" either. Article 120 is pretty specific about consent. Bottomline if you aren't getting 100% clear signals on any type of sexual activity then don't proceed.

As a former SHARP advocate - the best advice I can tell you is this - if there is alcohol involved - don't do it - seriously - you absolutely cannot tell if 1 or 2 drinks do not effect your partners thinking process and in my experience that is whats important - did he/she have the werewithal to give consent. does not matter what you think, or feel - it is all about how the other felt at the time. Hope this helps and be responsible.

That's great for the unit- but it won't wash with the regs and that is what will prosecute you, not the unit.