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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19195
Experience:  Lawyer and current JAG officer.
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My son pulled up to the gate at little creek V.A. navy base

Customer Question

My son pulled up to the gate at little creek V.A. navy base not long after returning from sea and was intoxicated. The gate guards smelled alcohol and called civilian police and had my son arrested for DUI I am concerned about him being arrested by the civilian police and punish through their courts and also being punished through the UCMJ. Also concerned about the type of discharge he may recieve and what effect it has in his future, his job opportunity, his gi bill ect. He is my only child and has a very high iq and the world offers so much to him if this black mark doesnt ruin him. He is my heart and i want do reduce the impact of his dumb mistake as much as i can. My husband doesnt make alot of money but i want to do as much as i can to not see my only childs life ruined! Please advise this desperate woman!!
Submitted: 2 years ago.
Category: Military Law
Expert:  Allen M., Esq. replied 2 years ago.
Each military service has a very specific rule about punishing someone under the UCMJ if they have already been punished or are being processed under civilian jurisdiction. While it is technically possible, it never happens because it required Secretary level approval. A dual punishment like that is only approved when the civilian punishment is clearly not in line with what the military thinks should happen (like a child molester getting 10 days community service because the civilian prosecutor didn't feel like working the case). That wouldn't happen here. The civilian court will handle it and the military will only counsel him and give him a letter of reprimand. Now, it is also possible that an administrative discharge could be started for misconduct, but that is unlikely if this is a single offense. If they did this, he'd get either a General Discharge or they'd seek an OTH (also very unlikely) and he'd be entitled to a board hearing to try and fight the separation.
Customer: replied 2 years ago.
This is a bullshit answer! You didnt answer most of my concerns and i could have gotten your response without paying just through what ive already discovered in the internet! I will be asking for a refund! You should be ashamed!
Expert:  Allen M., Esq. replied 2 years ago.
If you'd like to ask a follow up question, I'd be happy to answer. That being said, I don't understand what it is that you are saying I didn't answer. I'm certainly not going to be ashamed though, as my answer is accurate. I addressed your concern about him being charged by both branches and what discharge status he might have. What else did you want to know>