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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
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Experience:  Lawyer and current JAG officer.
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I serve in an Army Reserve unit and the XO shows up occasionally

Resolved Question:

I serve in an Army Reserve unit and the XO shows up occasionally drunk -- his breath makes it obvious that he's been drinking. I know that drinking on duty is illegal under the UCMJ but how can you prove that someone is drinking on duty if you need a blood test or breathlyzer to prove it? I am sure the commander has noticed it too.

One of the PSGs who just retired was always drunk and everyone knew it so maybe it's ok for the command but it's not ok with me and I think I should do something about it. I am sure you are thinking that I should get the hell out of this unit lol but what should/can I do to correct it?
Submitted: 11 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 11 months ago.
Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

You don't actually need BAC proof. Testimony can be sufficient, but of course, scientific evidence is better.

The only way to obtain that evidence though is through command direction, meaning that someone in authority over that XO will have to order that individual to have a BAC test.

Now, what you also have to understand is that it is going to take a commander over the XO to actually charge him with anything, even if you and some others go report the issue to the MP's, CID, the IG or any other investigatory body. Ultimately, any decision to engage in criminal charging is done by commanders.

If your commanders don't care, you have to go over their heads, to their commanders. Someone up there will care and will perhaps call a spot inspection.
Customer: replied 11 months ago.

If the commader wanted to charge him she would have done it already.


 


Inspector general? If call the IG, do I have to identify myself? What would they do if I told them our XO shows up drunk? Would it be better to call the IG or the military police?

Expert:  Allen M., Esq. replied 11 months ago.
You can make an anonymous report to the IG, who can then decide who they should make a report to. They would likely go over your commander's head and speak directly to the higher level command about setting up a sting or investigation.

The MP's are more than likely simply going to report the issue directly to the commander that is currently doing nothing, so you'd get no further down the chain.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15462
Experience: Lawyer and current JAG officer.
Allen M., Esq. and other Military Law Specialists are ready to help you
Customer: replied 11 months ago.


Thank you!

Expert:  Allen M., Esq. replied 11 months ago.
No problem. Take care.

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