What to Expect if you get a DUI in the Army
You probably know what will happen if you get popped for driving under the influence: fines, a suspended license, community service, etc. Normally once you satisfy the State’s requirements, you can resume life as usual.
But what if you’re in the Military? What then? Will the Command just let the State take care of it and act like nothing happened? Not likely. Most likely, the Command will issue you a General Officer Memorandum of Reprimand (GOMOR), which is nothing more than the Commanding General (CG) calling you an idiot for drinking and driving.
Not bad, right?
Wrong.
The GOMOR will be filed in your permanent military record and will kill any chance of a promotion.
But that’s not all.
If the Command wishes, and they often do, they will initiate separation proceedings based on the DUI and the filing of the GOMOR. You could potentially lose your job for making one mistake. What is worse, you could receive an Other Than Honorable Discharge — the worst administrative discharge one can get that eliminates nearly all of your VA and education benefits. It doesn’t matter if you are a PT stud or have 17 years of honorable service. The Command has a mandate: Good Order and Discipline. From their perspective: “You know better. You get a safety brief every Friday. You could have killed someone.”
Seems unfair, but it is par for the course. So what can you do to protect yourself?
The most important thing is to start immediately. As soon as you get released from jail (that’s right, if you get a DUI you are going to jail for at least one day and you’ll have a nice mugshot for the photo album) gather the facts of your case for your lawyer. Obtain the police report. Start collecting character letters. Put together an “I Love Me Book.” Maintain a good attitude (it matters for the board). The facts are important, too: How far over the limit were you? Did you refuse to comply with the breathalyzer (while in State courts it might be sound strategy to refuse to take a breathalyzer, in the Military, it will guarantee that you get a GOMOR)? Is this your first DUI? Did you resist arrest? Did you have a firearm on you? Are you suffering from PTSD, suicidal, or fleeing for your life? Have you been a good Soldier otherwise? What do you plan on doing to prevent this in the future? If the facts are good (relatively speaking) than the odds of you remaining in the military are better, and vice versa.
Once you have developed the facts of your case, next you must make a decision: Do you Rebut the GOMOR? Believe it or not, there is a chance that the CG could destroy the GOMOR and not file it in your permanent record based on your submission of a Rebuttal Brief (generally you get seven (7) days to draft a rebuttal to the GOMOR for the CG to consider before he or she decides whether to file the GOMOR permanently). But, it is risky. If you attempt to rebut it and fail, then you are definitely going to a board and you have now revealed all of your evidence and strategies to the prosecutor who will be trying to separate you at the board. And, by the way, if you say anything at the board that contradicts what you wrote in your rebuttal, you have all but sealed your fate. If you do not submit a rebuttal, you are also guaranteeing that you go to a separation board, but you have kept the element of surprise and are better positioned for litigating the board. It is a tough decision, but more often, unless you have clear evidence of your innocence, it is probably better strategy not to respond.
If you are one of the lucky few who gets their GOMOR destroyed, congratulations. You have beat the odds and will go back to the unit no less for wear. The majority, however, will have to begin planning for the separation board.
The board is where all your hard work will pay off. Facts are key, and witnesses get you your facts. Therefore, securing good character witnesses is essential. Therefore, being a good Soldier is essential. I have won many DUI separation proceedings because my client was a Good Soldier. That is, the Soldier demonstrated over his career that he is great at his job and the Command has recognized him for that greatness (e.g., great NCOERs /OERs, Awards,etc.). If you are enlisted, then having your First Sergeant or Sergeant Major speaking favorably at your board is outstanding evidence. For commissioned officers, your former Battalion or Brigade commander can win you the day. I write “former” because normally the current commanders are pushing the separation and are unlikely to speak on your behalf. While cross-examining the police officer and demonstrating his inexperience or bias is good for trial, it is not as important for the board. Why? Because the police officer is likely not testifying at your board. That’s right. All the Army has to do is give the board your police report to satisfy its burden. So a winning strategy is often demonstrating your potential for future service instead of attacking the report or the DUI itself — unless you were found not guilty at the State’s trial — that is gold.
A DUI in the Military is serious. Not just your military career, but your and your family’s health insurance, housing (if you live on post), security clearance, VA loan/benefits, and education are in jeopardy. Therefore, you must begin to prepare immediately and develop a sound strategy for rebutting the GOMOR and litigating the separation board.
Mickey S. Williams
Shewmaker & Shewmaker, LLC
2845 Henderson Mill Rd
Atlanta, GA 30341
