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What regualtion says we can’t drink in duty uniform?

What regulation prohibits Soldiers from drinking while in uniform?

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Every installation I am aware of has an alcohol policy. Some address the issue of consumption in uniform and others do not. For Example: Ft Carson CG Policy 03 covers alcohol. It does not address drinking in uniform, but does address no alcohol consumption during  duty hours by Soldiers on duty. It further states that the duty day is not standard times but as established by the unit and/or duties being performed by the Soldier. This means a Soldier performing 24 hour CQ is on duty for the entire 24 hours and cannot go have a beer with dinner.

It also covers no alcohol during deployment or training, including if during training you return to your residence during off duty hours, you are still considered as being  deployed and/or in training and consumption of alcohol is prohibited.

I do know that General Order #1 in Iraq and Afghanistan prohibits the consumption and possession of alcohol at all times.

Without a specific post/unit signed policy letter against drinking in uniform, AR 670-1 does not prohibit drinking alcohol while in uniform. Should there be a policy letter prohibiting it, a violation would be covered under Article 92, Disobeying an Order or Regulation, not Article 134.

AR 670-1, Paragraph 3–3. Occasions for wear

a. Soldiers may wear BDUs on duty when prescribed by the commander. Soldiers may wear BDUs off post unless  prohibited by the commander. They may not wear BDUs for commercial travel, unless authorized by para 1–10c of this  regulation. Personnel may not wear BDUs in establishments that primarily sell alcohol. If the establishment sells  alcohol and food, soldiers may not wear utility uniforms if their activities in the establishment center on drinking  alcohol only.

b. Utility uniforms are not normally considered appropriate for social or official functions off of the installation,  such as memorial services and funerals. These uniforms are issued as organizational utility, field, training, or combat  uniforms, and they are not intended for wear as all-purpose uniforms when other uniforms are more appropriate.

posted on 03/27/2012 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.

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    Comments

  • Fred Dukes

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    Hi,

    I have a question in regards to after hours consumption of alcohol. How many hours in advance of first formation should soldiers stop imbibing alcohol?

    • Mark Gerecht

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      Fred, This is an individual Soldier responsibility. Each Soldier is responsible for understanding how alcohol effects them. But a good rule of thumb might be to cease consuming alcohol around 9pm. Keep in mind every Soldier is different. The statement below might be of assistance.

      It takes your body around 1 hour to process 1 Unit of Alcohol, so that’s about half a pint of beer or one 25 ml shot or 2/3 of a 125 ml glass of wine.
      Keep in mind you are absolutely responsible for showing up to duty sober.

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  • H.

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    How about a Marine in Dress Blues in New Orleans and drunk?

  • ECK

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    Generally this would not be a violation of any regulation as it was after duty hours unless their was a post or unit policy prohibiting alcohol consumption in the duty areas at anytime. Mostly the alcohol policies address consumption during duty hours. I am speculating that instead of the command group going to a bar to wind down with a couple beers after work, they decided to do so in the office. Again, there really is no regulation that this violates.

    The driving home afterwards could be an issue if one of them would have gotten a DUI or in an accident. Then, not only would that individual face administrative and/or UCMJ actions, but the highest ranking there could be in trouble for not setting the right example and ensuring those participating had a safe ride home. I have seen commanders and sergeants major relieved of duty in similar situations.

    In your case, you really don’t know if anyone of them had enough alcohol they should not have been driving, and it appears that everyone made it home safe. So, in this case, there are no issues.

    Does it set a good example, probably not. Was it against any regulation, none that I am aware of.

    I hope you found this useful.

    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.

  • Brian Lang

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    Hello I have got a question. I saw individuals from my chain of command after work in one the offices drinking beer in uniform the all had more then two and then proceed to go to there vehicles and drive. Is this breaking any regulation?

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