Expert: Aaron Shifferly - 11/1/2009

Question
QUESTION: My son very recently got a Civilian DUI.  Which he regrets tremendously because he loves the army.  They have taken his current rank and specialist badge.  Ive read that there can also be a military trial with as well as the civilian.  Is this true, does my son need to get a military lawyer as well.  well he ever be able to get his rank and specialist badge back if they don't give him a dishonorable discharge.  He barely blew over the limit according to the officer that arrested him.  he would have let him go, but another E5 drove past and proceeded to get involved.  I am seriously worried.  my son loves the army and i dont what him to lose something over on stupid mistake.

ANSWER: Ma'am:
If they took his rank through a nonjudicial punishment proceeding, the Army will not court martial him also. But, overall, it is true that the military can try someone for a crime committed in the civilian world in addition to the civilian trial, but not generally done. He won't get a DD or even discharged most likely. He paid for his issue with his rank and, most likely, a restriction from driving on base for a year or so. He can probably recover from it as long as he works hard and is a good Soldier with no future discipline issues. This is a common setback (unfortunately) but one that is not insurmountable. If you have any other questions please feel free to follow up.

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QUESTION: Thank you for responding back so quickly, I truly appreciate that.  I do have one more question and will probably pester with a couple more as I think of them.  Will this hinder him from ever going forward with his rank, I was told that it would.  He will not be able to go above an E7 Sergeant First Class.  Is this also true?

Answer
Not necessarily. He screwed up and the people who will consider him for E7 look at this but they will also evaluate the work he's done since his DUI and that will be at least 10 years' worth before he gets considered for E7. If he's a good Soldier they are likely to forgive his one transgression. It all depends on him and what he does with his career. (Also, to a lesser extent, it depends on his chosen career field and how many people are eligible for promotion)