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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34303
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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What can happen if I'm lending a dui charge. I am reserve military,

Customer Question

What can happen if I'm lending a dui charge. I am reserve military, e-5. Will I lose my Gi bill or my TA. And what could the reprocusion be with the standing at my unit?
Submitted: 2 years ago.
Category: Military Law
Expert:  P. Simmons replied 2 years ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
You mention this your first contract? Of did you serve on active duty?
Customer: replied 2 years ago.
No active duty, and yes first contract. Can you please answer the question
Expert:  P. Simmons replied 2 years ago.
Thank you
If your commander decides to separate you because of this misconduct that could impact your ability to receive tuition assistance as well as the G.I. Bill.
The civilian arrest would be enough for your commander to begin the process to separate you.
They could begin the chapter process; this is the administrative process to separate a soldier who has committed misconduct.
If you're separated for misconduct and receive an other than honorable discharge this would remove your eligibility for the G.I. Bill.
Now, understand there is not a requirement your commander process you for separation. It will be up to your battalion commander to declare if they will begin a chapter for misconduct. So if you can convince your commander, or even your immediate chain of command, that you should not be separated? That would likely preserve your eligibility for the G.I. Bill.
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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