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I am currently undergoing a chapter 14 separation for a DUI. What can I do to fight it?

Colorado Springs, CO |

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?

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Attorney answers 4


You might want to consult with counsel familiar with these military issues as opposed to merely the criminal/DUI issues.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


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.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

Philip Douglas Cave

Philip Douglas Cave


This is the new Army (Navy, Air Force, Marine Corps, COast Guard), serious alcohol offenses and you are out. Mr. Rafter is correct that you MUST elect a board if you are eligible. You might have a slim chance at either retention or a General discharge. And the DRB won't hold it against you if you "waived" your rights.


This is posted in the wrong category.


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.

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