U.S. Navy question

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gary s

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i have a question regarding the navy's policy on DWI's.

a distant family member just recently maried a five year navy veteran. a few months ago he was arrested for a DWI while off-duty.

according to him, he was held in a navy prison for 30 days and then released from the navy due to this arrest. no second chance, no appeal.

this on top of the civilian penalty.



just curious , for those of you know if this sounds like legit. i just thought it may be harsh punishment by today's standards, but not sure.



BTW, DWI is totally unacceptable



 
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Dishonorable discharge is pretty serious stuff.

So is 30 days in the brig.

I'm thinking it was more than just DWI. May have been a colision, injury or even death involved.

I have a feeling there are details omitted from the story you're hearing.

 
I agree with Jerry....seems there is more to the story than is being told with him serving 30 days in jail.



My ex brother inlaw got a dishonorable discharge for jumping ship in HI because his wife was having a baby back in SF. Before hand, he asked the Navy for a leave and was turned down.
 
There definitely has to be more to this story. Was he court-martialed, or did he just receive Non-Judicial Punishment (NJP)? And I doubt that there were no opportunities to appeal, unless he waived his right to appeal. With just a DUI/DWI, he could've been charged with violating a number of articles. For example:



1. 911. ART. 111. DRUNKEN OR RECKLESS DRIVING

2. 892. ART. 92. FAILURE TO OBEY ORDER OR REGULATION

3. 934. ART. 134. GENERAL ARTICLE (This is a "catch-all" article)

Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.



That's just what I could come up with. Perhaps there are other, more experienced "sea lawyers" around here that could provide additional insight.;)
 
This happens alot, especially if they have had a previous incident concerning alcohol. This could be even a small violation of the ucmj such as repeatedly being late from liberty, if it was alcohol related.



The Navy tracks all reported alcohol related incidents, and two will get you kicked out. There is also "a pattern of misconduct" (2 violations of the UCMJ) that can get you kicked out.



Alcohol and DUI are on the rise, big Navy is getting serious about it. We are losing to many young kids due to dui and also to crotch rocket accidents.



I don't think one incident in itself is grounds to separate the Sailor, but every case has it's own details; there is probably more to it than just this one incident.



BTW, he would not have been in a "Navy prison", he would have been restricted to the confines of the ship for 30 days. He also would have had the opportunity to ask for an appeal to the next senior officer in his CO's chain of command -- he would have had to submit it within 5 days. He also most likely got an Admin discharge -- either general or honorable, and he would have had the opportunity to go to an Admin board if he wanted, he most likely declined.



Been doing this a long time, and I deal with it every day -- there is more than he is telling IMHO.



GP
 
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I knew if I put a call in to our resident Command Master Chief that we'd get some good info.:cool:



Thanks, Gerry!
 
You're not getting the whole story. What's described is way too severe for the crime.



Most times, the sailor might get reduced in rank, maybe confined to base, extra duty, fine etc.



In a lot of cases, if the civvies get him, the CO will go easy.



30 days in the hole and a "Big chicken dinner - BCD - Bad conduct discharge" doesn't add up.



Unless....what was he under the influence of? If it was drugs, that's a different story. Just about any drug bust will get you booted out.
 
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Even if it was second offense DWI, that's a harsh punishment.
Click to expand...



Maybe, however, we set the standard, we inform them of the standard, and then hold them to it.



The lost time with Sailors in jail, the hospital, etc costs millions in addition to the medical expenses -- remember they get paid 24/7, and we have to curb the costs. There is also the image problem, an IBM or Ford worker gets a DUI, nothing in the paper or on the news. A Sailor gets one, it is all over, at least in the Navy towns. The community holds us to a different standard so we have to live up to it.



It all comes down to integrity, follow the rules, or get out. He chose to drive drunk and have the Navy fire him.
 

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