Usually this means one of two things.
1. There is a legal problem with the way the police force handled the incident and he cannot be charged.
2. A Soldier cannot receive double jeopardy with regard to DUI. Meaning if he is punished off post for a DUI he cannot receive an Article 15 for the DUI. So if the local police are handling the issue the military cannot do anything.
If the DUI is off post normally the Soldier will receive a GOMOR, which is an administrative action, for the DUI. A DUI, on or off post, qualifies for separation under chapter 14-12c, AR 635-200, “Commission of a serious offense “Separation for one DUI is not required but is an option for the command. This is looked at if the Soldier has other misconduct in the past or is generally a mediocre performer. If a Soldier has two DUIs in a career then separation must be processed to the separation authority who will determine if the soldier is separated or not.
See AR 600-85 and AR 635-200 for specific informatioin
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