I am currently going to alcohol education classes offpost and paying court fines for the deferred punishment for a DUI on the civilian side. The army is chaptering me even though I have a clean record and my 1SG and commander are recommending me to stay in. TDS did not really tell me what I could do to fight this. Should I try for more recommendations or just take the bullet?
You have the right to consult with a military trial defense service attorney or with private civilian counsel (you should do that again).
You can submit matters for the separation authority to consider before the separation authority makes a final decision regarding separation.
Also,if you have six years of service OR facing an Other Than Honorable (OTH) discharge you're entitled to an Administrative Separation Board.
You need to consult with an experienced military law attorney. TDS will not assist you until you have been officially notified. The problem of course is that by the time you are officially notified, you may be less than a month away from the chapter date with little time left to prepare. No matter what, do not waive your chapter board. My firm handles administrative separation boards, or chapter boards, on a regular basis. Additional information about the process is available on my website. Feel free to give me a call to discuss your options. The consultation is free. Best of luck.
Get free answers from experienced attorneys.
26,765 answers this week
2,866 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary