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I got an Off Post DUI; Is there a time limit on how long the unit has to counsel me…If they go past that date I was told I can’t get in trouble?

I received an Off Post DWI about 4 months ago. I was informed that if a counseling statement is not filled out within a specified period of time I cannot get in trouble for this offense, is this true?

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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.

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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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