Expert: MARK A. HOWELL - 3/16/2009

Question
QUESTION: Good evening Sir
I am an IRR soldier who has been mobilized for 3 years now. I am an Arabic translator and I am interested in joining the ROTC at Rutgers. Unfortunately, I have certain questions that i need to ask before I go any further.I was pulled over driving 110 miles an hour 2 years ago one day before my de[ployment to OIF(2007). I was charged with reckless driving and endangering public.I was arrested  and charged on January 2009 for DUI, refusal to take the breathalyzer test and reckless driving.I am still fighting all the charges in court. I admit that i was wrong on the first one in 2007 but I was wrongfully arrested for dui ( racial and discrimination reasons). I am not a drinker, in 10 years i had less than 10 beers. Anyway, my question to you Sir is what are my chances to joint the ROTC in the worst case scenario. I heard that the Army discontinued giving moral waivers, will that apply to someone who is already in the service on active orders.I never had a negative counseling or been arrested before the DUI one. I have several recommendations from O5 and O-6 that I worked for. I also have a BSM,ARCOM, and CAB. I am an E-5 and enrolled with AMU( an online university) pursuing a degree on middle eastern studies, so far i earned 92 credit hours with a 3.8 GPA.Thanks Sir for your assistance

ANSWER: Sam,
Wow, that's a tough one but since you're talking about ROTC I think you'll be OK.  First off, American Military University is an accredited online university and that's essential.  Many online universities aren't so the military won't accept a degree from them.  Will your AMU credits transfer to Rutgers?  If you don't know, you'd better check soon.  Plus your career field (Arabic Translator) is in high demand right now.  It will raise eyebrows when you say you've never been a "drinker" yet you refused to take a breathalyzer test.  Still, I'd have to say your chances are good.  Unusual, but good.
Good Luck,
Colonel H

---------- FOLLOW-UP ----------

QUESTION: Good evenning Sir
I have another question concerning another female soldier who is pregnant and believes that her unit is trying to get rid of her due to pregnancy. Can they do that??
I know that the army give the option to stay on AD or separate when pregnancy occurs but can the unit obligate her to separate??
Thanks again colonel

Answer
Sam,
No, by law they cannot discharge her because of pregnancy.  In 1976 the Courts ruled that military regulations requiring the discharge of a pregnant woman violated the Fifth Amendment due process clause because it assumed that any pregnant woman in uniform was permanently unfit for duty.  The decision was made to permit women who became pregnant to remain in the military.  In the late 1970s, each Service even created maternity uniforms.  In today's military,  pregnant women serve with pride and are given some of the best medical care in the country.

Now, if by "get rid of her" you mean transfer her to another unit, that is permissible and is usually done for the safety of both the baby and mother-to-be.  A good example would be a female in transportation who routinely drives a duce-&-a-half might be reassigned to a desk job for the duration of the pregnancy.

If she feels she is being discriminated against, then she should consult with the Legal Aid folks on her post.  You'll usually see their posters on bulletin boards in most offices.
Colonel H