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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35003
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am an AGR E7. I received a DUI and this is the second in

Customer Question

I am an AGR E7. I received a DUI and this is the second in my career. The first one was 13 years ago. I informed my CoC about this and at the same time self-referred for treatment of alcohol abuse, PTSD, depression and suicidal ideations. Since that time I have received a LOR and recommended for administrative separation. My question is am I covered in any way by the "Limited Use Policy" according to AR 600-85? Thank you.
Submitted: 1 year ago.
Category: Military Law
Customer: replied 1 year ago.
Additionally the Army would have no way of knowing about the DUI had I not informed them when asking for help.
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry to be the one to bear bad news. What you describe, the limited use policy will not prevent them from the chapter. That is because you received a criminal citation...this is separate and apart from your self referral. So they can chapter you based on the DUI regardless of whether you self referred or not

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that they can not use this, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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.