This weekend’s United States Navy story in San Diego involves 2 sailors, one who was shot & is recovering in the hospital prior to DUI arrest; the other in custody.
This criminal defense attorney’s list of common actions outlines what the United States Navy may do to inflict on either or both sailors if arrested for a DUI, Drunk Driving or related San Diego charge.
Immediate Suspension of all Favorable Personnel Actions (”Flagged”):
No leave or passes allowed
No transfer/reassignment by Permanent Change of Station
No Temporary Duty assignment
No selection to attend military schools
Relief for Cause from Duty Position with adverse Efficiency Report filed for record.
Suspension or Termination of Security Clearance, which bars access to sensitive equipment and information, prevents performance of classified military duties, and causes transfer or elimination from service.
You may need to consider these prospective security clearance issues.
Bar to Re-Enlistment imposed, forcing discharge at end of enlistment, ending career.
General Officer Memorandum of Reprimand filed in permanent record.
Mandatory/Command referral to ADAPC/ASAP (Alcohol or Substance Abuse Program).
Initiation of Reduction Board (to reduce in rank an enlisted person) for “inefficiency” or inability to perform at more senior rank.
Mandatory Separation if reduction 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/SGT = 13 years maximum and short of retirement eligibility).
Administrative Elimination/Discharge Action, with likelihood of stigmatizing Less than Honorable Discharge, which denies veteran’s benefits, including Educational Assistance (G.I. Bill)
Quality Management Program review initiates discharge as “less qualified” for retention.
Upon Discharge, likely to be stigmatized with Re-Enlistment Code of RE-3 or RE-4, which prevents re-entry into military service (even in the Reserve Forces), despite a successful rehabilitation period, effectively preventing later qualification for retirement eligibility based on years of accrued service.
Punitive action under the Uniform Code of Military Justice (10 U.S. Code 801 et seq.)
Article 15 (Non-Judicial Punishment action) imposed by Commanding Officer, which may include reduction in rank, forfeitures of pay, restrictions on liberty, and extra (fatigue-type) duty.
Court-Martial, which may impose confinement, forfeitures, reduction in rank, and either a Bad Conduct Discharge or Dishonorable Discharge, both of which are stigmatizing and disqualifying for military and veterans benefits.
Your civilian San Diego DUI lawyer’s important skills in properly handling a San Diego DUI charge may help minimize any military penalty, large or tiny.