Judge advocate explains consequences of alcohol-related incidents Published Nov. 28, 2006 By Maj. Steven Dubriske 71st Flying Training Wing Vance Air Force Base, Okla. -- The senior leadership at Vance Air Force Base took a pretty drastic step last week by shutting down flying operations March 2 to focus on flying and ground safety. While there were a variety of safety-related incidents that led to the down day, it was a rash of alcohol-related misconduct precipitating command intervention. For those unfamiliar with the Uniform Code of Military Justice, there are three interrelated principles that make up the disciplinary framework of our system. First, commanders employ the idea of progressive discipline; that is, imposing the lowest level punishment necessary to correct the misconduct and rehabilitate the military member. Second, all commanders consider not only the nature and seriousness of the criminal offense, but also the history and character of the offender. Regarding this principle, it should come as no surprise to anyone that a commander may take harsher disciplinary action against a repeat offender versus someone with an otherwise spotless disciplinary record. Finally, the military justice system recognizes a need for commanders to impose consistent punishment. When viewed in conjunction with the first two principles, the principle of consistent punishment does not mean the same punishment is given for the same offense in every case. Instead, this principle gives commanders a range of appropriate punishments for certain offenses by looking at past disciplinary actions for similar offenses. It is with these principles in mind that commanders have addressed alcohol related misconduct at Vance Air Force Base. As staff members of the legal office have consulted with 71st Flying Training Wing commanders on all incidents of alcohol related misconduct, those commanders have followed the sound disciplinary principles that make the U.S. military justice system one of the best in the world. For any Team Vance person who thinks the range of punishments for alcohol-related misconduct will not cause significant impact to his or her financial livelihood or military career, the remainder of this article should dispel that myth. Driving a vehicle while intoxicated will generally result in an Article 15. This level of punishment is consistent across the U.S. Air Force and appropriately recognizes the significant risk of harm the driver places on the public by driving drunk. Similar to punishments rendered in the civilian community for drunk driving offenses, the punishment imposed within the military oftentimes contains a significant forfeiture of pay, especially for officers. Enlisted people who drive drunk risk losing their stripes. In addition to these direct consequences, drunk drivers will forfeit their drivers license, lose base driving privileges for at least one year and suffer a significant increase in automobile insurance rates. While an Article 15 is within appropriate range of punishment, an arrest for public intoxication or disorderly conduct will likely result in administrative action such as a letter of reprimand, letter of admonition or letter of counseling against the military member. The level of action taken by commanders at Vance Air Force Base is closely tied to the disciplinary principles discussed above. For example, a military member with previous history of alcohol-related misconduct may receive a letter of reprimand when a first time offender only receives a letter of counseling for a similar offense. Likewise, a military member who puts himself in a position where he risks personal injury or death because of his intoxicated state may face more severe disciplinary action than his squadron mate who was just drunk and stupid in public. Whether a military member receives an Article 15 or administrative action for their misconduct, there are significant consequences to their career irrespective of the punishment itself. Air Force regulatory guidance strongly suggests immediate supervisors take into account disciplinary action when completing performance reports on both officer and enlisted members. For officer offenders, the receipt of an Article 15 or letter of reprimand mandates the creation of an unfavorable information file that will ensure the misconduct is kept on the commander's "radar screen" for the next two years. Additionally, an officer with an Article 15 or reprimand faces the possibility of an officer selection record entry that will likely kill any hope of promotion to the next grade. Enlisted personnel with multiple incidents of alcohol-related misconduct risk administrative discharge or separation through force shaping programs. Finally, all alcohol-related offenders are required to attend the Air Force's drug and alcohol abuse treatment program. The fact the crime occurs off-base will not lessen the sting from an alcohol-related offense. Civilian authorities, especially in Enid, Okla., are generally willing to give the military jurisdiction to prosecute any case involving a military member. Regardless of whether the military can obtain jurisdiction to prosecute, the military member's commander retains authority to impose administrative action which, as explained above, can significantly impact a military member's career. In addition to educating the base population on the military disciplinary system, this review of the consequences surrounding alcohol-related misconduct may dissuade military members from putting themselves in a dangerous position where they lose control because of alcohol. Be smart, leverage the multiple base resources and use your wingman.