My friend was off base and blew .110 and .110. He was incarcerated for two days until he made bail. He has not been to civilian court for his DUI and has not been found guilty. He is currently on a control roster and is facing a possible discharge with government rollbacks.... How can the military impose punishment if he has not been charged. Further more If the military has done NO investigation towards the DUI what leg do they have to stand on in punishing this individual.
generally, he must be convicted first but the military has concurrent jurisdiction over service members. So he could be punished twice.
When you are in the military, you are considered on duty twenty-four hours a day. Therefore, anything that violates military law or code of conduct is fair game- as long as the military provides for due process.
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