WHAT IS CONSIDERED ALCOHOL RELATED MISCONDUCT IN THE MILITARY?
Just as it sounds, alcohol related misconduct is any alleged misconduct connected with the use of alcohol. These can be minor acts, such as disrespect to a superior or failure to appear to formation, or more serious acts, like a DUI or assault.
Can i be discharged for a DUI?
Servicemembers arrested for Driving Under the Influence (DUI) by civilian law enforcement are typically prosecuted in the civilian court system. However, civilian law enforcement coordinates the arrest of servicemembers with the relevant Provost Martial Office (PMO) who then notifies the command. In the Army, a General Officer Memorandum of Reprimand (GOMOR) is required to be issued to any Soldier when the command receives “credible information” of DUI. Civilian police reports will normally suffice, and a conviction is not required for the GOMOR to be issued. The other branches of the service typically issue Nonjudicial Punishment (NJP) for DUI. The nonjudicial actions mentioned above are not barred by double jeopardy but have their own process for a servicemember to present a defense.
What happens if you drink underage in the military?
Drinking underage is not specifically prohibited by the UCMJ, but is regularly punished. If the offense of drinking underage is committed within the United States, the military will incorporate state law by “assimilation” under Article 134, UCMJ. Most commands located outside the United States issue orders prohibiting underage drinking. As such, it is commonly punished as a violation of a lawful order pursuant to Article 92, UCMJ.
What Are The Penalties for Alcohol Related Misconduct?
Alcohol related misconduct has serious repercussions on two fronts for military personnel. Even if the misconduct is prosecuted by civilians, the command can use that as a basis to take adverse action against servicemembers. In addition to a GOMOR or NJP, the command may also use the misconduct as a basis to initiate administrative separation. Most branches of the service require the initiation of separation of a servicemember who is involved with 2 acts of alcohol-related misconduct within 12 months, regardless of what the misconduct is.
Minor alcohol-related misconduct will typically be handled by nonjudicial means. However, more serious cases, especially where people have been injured or killed, are likely to be prosecuted at Court Martial. Regardless of the offense, we can help defend against any kind of suspected alcohol-related misconduct.
IF YOU’VE BEEN ACCUSED OF ALCOHOL RELATED MISCONDUCT, don’t wait. Call Us Immediately!
Types of Alcohol Offenses
Some alcohol offenses are crimes on their own, such as drinking under the legal age. Other offenses are only a crime when combined with other behaviors, such as operating a vehicle under the influence. Some common alcohol-related offenses that a military service member may face include:
- Drunk on post (Article 95, UCMJ)
- Drunk on duty (Article 112, UCMJ)
- Incapacitation for duty due to drunkenness (Article 112, UCMJ)
- Drunken operation of a vehicle, aircraft, or vessel (Article 113, UCMJ)
- Conduct unbecoming of an officer and gentleman (drunk and disorderly – Article 133, UCMJ)
- Drunk and disorderly (Article 134, UCMJ)
- Underage drinking (Article 92 or 134, UCMJ)
Each of these offenses carries a different penalty, and the severity of the punishment will depend on the severity of the crime. We can help a military member prepare a defense if they have been accused any alcohol related misconduct and are facing serious consequences.
We know what is at stake, and we want to help you keep your life intact. Call today to set up your personal consultation.