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I received an Article 15 for DUI and 18 months later I am being processed for separation- Is this double jeopardy..What can I do?

I am a senior leader that received a DUI while serving Overseas. I have 15 years of service. I received an Article 15 for this incident. 18 months later I was informed that I am being processed for separation. Is this double jeopardy? What can I do about this?

This is not double jeopardy as you received an Article 15 and the chapter action is considered an administrative action.  Now here is the good news….if there is good news in a situation like this…

You are entitled to a separation board. You need to USE IT!  If this is your only misconduct I do not see a board separating you but there is always a chance especially given the current draw down. You need to put together your “I love me book” with all of your accomplishments. You also need to line up a list of witnesses, (peers, superiors and subordinates) that will testify you walk on water at the board. Letters of recommendation from previous commanders, SGMs and 1SGs to include in his rebuttal packet. 

 If you are not a mediocre NCO and you have solid NCOERs prior to this, I think you have a better than average chance at being retained by a board. You also need to confer with TDS. They can represent you at the board. 

 You also can insist at least one board member be an enlisted Soldier and if a minority, you may request your minority is represented on the board panel. 

Did you find this information useful?  We appreciate your feedback!

TOP

 

posted on 07/11/2014 under Q&A
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Mark is a Retired Command Sergeant Major with 26 years of military leadership experience. He held 3 military occupational specialties (Field Artillery, Nuclear Weapons Tech, and Ammunition Ordnance). Mark is one of the leading military authors in the fields of leadership, counseling, and training..

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