A Savannah, Georgia attorney, friend, and retired JAG Officer Doug Andrews, prepared this list of common actions the U.S. military may inflict upon a U.S. Army soldier or officer (andprobably the airman, sailor, and U.S. Marine) who is convicted of driving under the influence for an off-post incident. This list may not be all inclusive, and not all actions will be taken in every case, however, the consequences may be enormous and continuing.
The list does show the options available to the commander and what may result, separate and apart from any off-post conviction in a civilian court of law.
1. Loss of on-base driving privileges for one year, or restricted driving privileges limited to work only purposes and duty hours.
2. Immediate suspension of all favorable personnel actions (being 'flagged').
3. No future promotions.
4. Restrictions to base or post, with no leave or passes allowed.
5. No transfer or reassignment by means of permanent change of duty station.
6. No temporary duty assignments.
7. No selection to attend military schools or specialized training, or denial of graduation from existing course or training with rest of class.
8. Relief from duty station or position, for cause, with negative/adverse efficiency report filed for record.
9. Suspension or termination of military security clearance, barring access to sensitive equipment and classified information. Prevents performance of classifed military duties, resulting in transfer or elimination from the service.
10. Bar to re-enlistment imposed, forcing discharge at end of enlistment, effectively ending military careeer.
11. General Officer Memorandum of Reprimand (GOMOR) filed either in permanent military record or, in alternative, in local personnel file only.
Soldier has right to prepare and file rebuttal statement and/or request delay until final disposition of case in civilian court of law, for incident occurring off base or post.
12. Mandatory or command referral to ADAPC/ASAP (U.S. Army alcohol or substance abuse treatment program).
13. Initiation of Reduction Board proceeding for purpose of reducing in rank an enlisted person for 'inefficiency' or inability to perform duties at a more senior rank.
14. Mandatory Separation from service, if reduction in grade causes "Retention Control Point" to be exceeded, which sets limits on length of service allowed for each rank. (For example, E-4 corporal limited to 9 yrs service, E-5 sergeant= 13 years maximum and short of minimum retirement eligibility).
15. Administration elimination or discharge action, with likelihood of stigmatizing 'Less Than Honorable Discharge,' resulting in denial of Veterans benefits, including educational assistance (i.e., denial of any benefits under the 'GI Bill').
16. Quality Management Program (QMP) review iniating discharge from the U.S.
Army as 'less than qualified' for retention and reenlistment.
17. Upon Discharge/Separation from Service, likely to be stmatized with Re-Enlistment Code of 'RE-3' or 'RE-4,' preventing re-entry into military service (even in Reserves), even if successful rehabilitation. (May effectively prevent later qualification for retirement eligibility based upon number of years of accrued service).
18. Punitive action undertaken by command under the Uniform Code of Military Justice (UCMJ, 10 USC 801 et. seq.).
19. Article 15 (Non-judicial punishment action) imposed by commanding general, which may include reduction in rank, forfeitures in pay, restrictions to base and denial of liberty and travel, and extra duties (i.e., fatigue-type duty, standing with signs or placards near main gate of military base, etc.).
20. Military Court Martial, which impose result in confinement, forfeitures inpay, reduction in rank, and either Bad Conduct Discharge or Dishonorable Discharge, both of which are stigmatizing and disqualifing events for military and veterans benefits.
