Unfortunately according to AR 27-10 the chain of command has 2 years from the date of the incident in which to implement an Article 15. FM 6.22 Appendix B which will be released in Feb (supposedly) as ATP 6.22-1 states the counseling will be conducted as close as possible to the event. It does not provide a specific timeframe.
Typically with a DUI off post the way it works is as follows. You get a DUI off post you are punished off post. They cannot give you an Article 15 for DUI. You can receive a General Officer Letter of Reprimand (this is administrative action not punitive). If there was any other misconduct your unit might be able to file an Article 15 for that. If you are not punished off post for the incident the Chain of Command could then initiate an Article 15 for the conduct…this not always true and is specific to the situation.
A DUI is a serious offense and will not be overlooked. AR 600-85 requires you be sent for evaluation and potential enrollment in the ASAP program. The command can also decide to bar you from reenlistment. I believe AR 600-85 also requires the filing of separation paperwork for any Soldier with two DUIs in a career or two alcohol related incidents in a 12 month period. I would strongly recommend you read AR 600-85(ASAP) and AR 601-280 (Reenlistment)
If you believe that you were not DUI, there were irregularities in your case, or believe you might have a successful opportunity to have the charges thrown out or reduced I would encourage you to seek assistance from an off post attorney with a good record in overturning these types of charges.
Additional Information:
I reached out to one of our legal SME’s and here is some additional information he provided.
Counseling statement is not required for the GOMOR or to substantiate a Bar to Reenlistment. A copy of the civilian police report or Military Police Report (MPR) based off the civilian report is sufficient evidence.
While the unit cannot give an article 15 for an off base DUI (unless in a foreign country) they can do an administrative reduction based on the civilian conviction (see AR 600-8-19 chapter 10). They can also do a separation based on the evidence if it meets the criteria of a DUI in the MCM. This is true even if the Soldier beats the charge or has it reduced in civilian court.
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