Legal Question in Military Law in Hawaii

Pending Chapter 9, Failure to Rehabilitation Program

I am in the ARMY and recieved 2 Dui's. First one in april and i did self enrollment into asap and completed successfully. I did have an alcohol related event in may but still had not been screened and enroll by the counselor. I completed in august and was discharged from treatment. In october i recieved my other DUI, still not convicted. My unit decided to chapter me out with a Chapter nine. After the DUI i was command reffered into asap again and started an entire new session of treatment. I am still in the program, and have not faulted. My counselor says I am not cosidered a failure adn I am still in the program. If my unit did consider me a failure why did they admit me into the program and I also did not refuse the treatment. I have proper documents to prove otherwise regarding the chapter. What are my chances of being chaptered. If it happens can I still pursue? Am I allowed to rehoin or go reserves?


Asked on 1/09/09, 8:48 pm

1 Answer from Attorneys
Scot Sikes Law Offices of Scot Sikes

Re: Pending Chapter 9, Failure to Rehabilitation Program

The key here is that ASAP is the "keeper of the gate" in determining whether or not you are an ASAP "failure". If you are still enrolled, it seems to cut against any notion that you have failed. The rules are absolutely drafted to take care of commands, however, and not the individual Soldier. Is the Chapter 9 still pending? Have you had the benfit of rights advisement from U.S. Army Trial Defense Service (TDS)?

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Answered on 1/17/09, 8:58 am


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