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I am getting chaptered dui firsy ofense under chapter 14c,

i am getting chaptered for...
i am getting chaptered for a dui firsy ofense under chapter 14c , my company comander isnrecomending retention and it looks like my battalion comander is also , what are my chances of staying in the army? this happened in june and they are just starting it now is there a time limit? i have a perfect record no article 15 not even a negative counseling i would apreciate any guidance
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Answered in 7 minutes by:
2/5/2016
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,646
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

No, there is not a time limit for how long they have to complete a chapter. It is not a criminal law process, but rather, administrative in nature. Therefore, they have no statute of limitations or speedy trial issues. They have internal time goals, but those are largely ignored and only used a means of making sure the legal office isn't sitting on separations that need to be processed. Command isn't controlled by those guidelines at all and we (JAG's) are often pushing commanders who have no real motivation to hurry the process.

If I read this correctly, both your CO and BN commander ARE recommending retention? If that's the case, then it's possible you'll be retained. Certainly, the Brigade commander can do as he/she chooses, but they tend to follow the recommendation of the lower level commander. So, if they are recommending retention, then I'd say your chances aren't bad...perhaps 60%. If they are NOT recommending retention, your chances of staying in drop to around 5%.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 2 years ago
even if my battalion commander recommends retention would you advise taking the review board? can my company commander withraw the chapter at any time?

Once your CC commander has put it forward, it is out of his/her hands, so no that commander cannot withdraw it at any time.

Yes, you should take a board. That would increase the chances of being retained. It certainly cannot hurt your situation. It can only help.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,646
Experience: Lawyer and current JAG officer.
Verified
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