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What is the best possible outcome from a an article 111 and…

What is the best possible...
What is the best possible outcome from a an article 111 and article 134 in the USAF? I received a DUI off post in Germany recently and am evaluating my options for a plan of action.
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Answered in 1 minute by:
3/5/2014
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,489
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

It really depends on the forum...what is going on here? Are the charges referred to court martial? To Art 15? How is the commander going to resolve the charges?
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Customer reply replied 4 years ago

Honestly I am still awaiting my police report so all I have received so far is that I have violated article 111 for dwi and article 134 for fleeing the scene which was me walking back to the friends house I had just left to get help.

Thank you

Can you tell me your rank/time in service?
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Customer reply replied 4 years ago

E-3 and 3 years and 1 month time in service.


 

Thank you

To answer the question

What is the best possible outcome from a an article 111 and article 134 in the USAF?

The best possible outcome would be no action. That is, if there is an investigation into the alleged misconduct and there is not evidence sufficient to convict you? I would expect the commander to close the case and move on.

But if there is evidence that can be used to convict you (either at trial or at Art 15)? I would expect the commander (your squadron commander) to take some disciplinary action.

Most likely would be Art 15. This is non judicial punishment (non criminal)

Max punishment would be 45 days extra duty/45 days restriction, loss of rank and loss of 1/2 months pay per month for 2 months.

Of course, the commander could bring you to court martial (with much higher potential penalties)...but Art 15 is much more common.

The best thing you can do is invoke your right to remain silent that you have under Art 31 UCMJ. No use in talking to the investigators and giving them more evidence to prosecute you.

Consider hiring a lawyer...the ADC lawyer you get will be energetic enough, but will have no experience. If you hire a lawyer you are paying for the experience.

And reach out to your chain of command. If your SNCOIC or OIC will give a favorable review of you and your performance, that can go a long ways to limit punishment for you


Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
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Customer reply replied 4 years ago

Well there is definitely evidence as far as me being above the legal limit. My vehicle skidded into a tree and fortunately neither I nor anyone else was injured. I know my 1SG and SNCOIC(Flight chief) are relatively good fans of me and are content with my work and character. My supervisor is in the same boat with them as well. The only other thing that worries me is that I received an article 15 about 1.5 years ago due an in house ARI that never left the squadron. I had loss rank and received 45 days of extra duty. However, I have showed my command through hard work that I was trying to better myself as airman through volunteering, going back to school, and helping other airman. I am hoping that there is something I can do as far as volunteering to share my experience with other young airmen to help them from making the same mistakes when this is all said and done.

The best thing you can do at this point is request support from your sncoic and oic. If you can get their support you have a chance to make it through this mess
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,489
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
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Customer reply replied 4 years ago

Okay I have another question. I have an appointment with ADC in about 9 hours and I figured that would be my best plan of action currently. Will they be guiding me to possible solutions such as a private civilian lawyer? Seeing that I haven't gotten my punishment from the commander yet I would like to save ideas like that in case I end up getting court martialed. I will also be seeing the airman & family readiness center tomorrow for a financial analysis ordered by the commander which will be to "understand my financial picture as the commander weighs his options to with my latest ari". That was just sent to me. So any advice regarding that would be greatly appreciated.

ADC can certainly go over this with you. I doubt they recommend a civilian lawyer. But based on my experiance with ADC you would do well to get an experienced lawyer to help you.

As for the counseling ? Good idea. Let them know so they can brief the commander.
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Customer reply replied 4 years ago

Okay so should I wait until after my commander gives me my punishment before I should go for an experienced lawyer. I want to make this whole process as swift as possible and do not want to give a statement until I have talked to a good lawyer. However, I do not think they can give me my "punishment" until they have received a statement from me. Is this true?

The process for art 15 is the commander tells you they plan to run art 15. Then you go to ADC. Then you go to the art 15 hearing. So if you want to hire a lawyer the time to start looking is now.
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Customer reply replied 4 years ago

Well they haven't told me anything yet. If they do plan on giving me an article 15, rank reduction, extra duty, and half month's pay I will stick to ADC. However, if they plan on trying a court martial to get me discharged, that will be the time I would be looking to hire a lawyer.

Understand. And that is not a bad way to go.

Art 15 has a very low maximum punishment. So it makes sense to let ADC help with that and if this goes to court, consider hiring a lawyer.

So the commander (or their designee) will let you know if this will be resolved at Art 15 or at court.

if court, then you get the chance to appear in front of a judge and will have plenty of time to prepare.

If art 15, it goes pretty quick...ADC can ask for time if they need it, but typically from the time you are notified until the time of the hearing is only, typically, a week or so.

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Customer reply replied 4 years ago

Alright another question I have is that how does the fact this happened off base in Germany possibly effect my situation?

It does not help that you committed misconduct in a foreign country.

The UCMJ has jurisdiction worldwide...so you can be prosecuted regardless of the fact this happened in a foreign country.
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