Can I be separated for a DUI? | AskTOP.net - Leader Development for Army Professionals
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Can I be separated for a DUI?

Can they kick me out of the Army for one DUI?

Yes. You can be separated for Commission of a Serious Offense under paragraph 14-12c, AR 635-200.

The definition of a Serious Offense IAW with paragraph 14-12c, AR 625-200 is:

Commission of a serious military or civil offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the MCM.

In plain English, if the reason for separation, if taken to courts-martial could result in a Bad Conduct or Dishonorable Discharge, then the offense qualifies as a serious offense.

IAW the Manual for Courts-Martial (MCM), the maximum punishment for Driving Under the Influence is:

DUI causing personal injury: Dishonorable Discharge or Bad Conduct Discharge, 18 months confinement and forfeiture of all pay and allowances.

DUI not causing personal injury: Bad Conduct Discharge, 6 months confinement and forfeiture of all pay and allowance.

Additionally, if a Soldier receives a 2nd DUI within a career, then the following applies IAW ASAP Regulation, paragraph 3-3, AR 600-85:

Any Soldier who is convicted of DWI/DUI two times during their career shall be administratively separated unless retained by the first GO in command who has a judge advocate or legal advisor available.

If you are processed for separation, you must be provided the opportunity to speak with legal counsel at your services Trial Defense Service office.

Disclaimer: I am not an attorney and any views presented are my own and are not to be
interpreted as legal advice. Furthermore, my views do not necessarily
represent the views of DoD or its Components.

posted on 09/04/2012 under Q&A
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Staff Sergeant(R) Douglas “Eck” Eckstein is a former Paralegal NCO with over eleven years of service in the Army. He has served overseas tours in Korea and Iraq. Eck served on active duty for seven years working in the personnel administration field then, after a break in service, returned to active duty in 2009 when he earned the Military Occupational Specialty, 27D (paralegal). He has worked in the Office of the Staff Judge Advocate from Division level down to unit level. He has expertise in all aspects of military law, with extensive emphasis in Administrative Law and Soldiers Rights. “I am not an attorney and any views presented are my own and are not to be interpreted as legal advice. Furthermore, my views do not necessarily represent the views of DoD or its Components.”

Disclaimer: Though all content posted on AskTOP.net is reviewed by our qualified subject matter experts, you should not make decisions based solely on the information contained in this post. Use information from multiple sources when making important professional decisions. This is not an official government website.

Award Quick

    Comments

  • Part-Time-Commander

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    I hope this post can be a big lesson for people reading it. Don’t drink and drive. Not only could it cost you your life, but it can also ruin your career. No drink is worth that!

    Chuck

    • Hero

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      Not unless youre in my Battalion they usually shove it under the rug and allow you to keep going. Even after receiving 3 DUIs theres a Soldier NCO whos still in the ranks to this day. Its a law and a regulation that isnt followed and NCOs and Officers get away with it mostly

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