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.
Comments
Part-Time-Commander
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
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