Active Duty

For those individuals in the military who have been arrested for a DUI they face a sort of "double jeopardy" in that they could face Non-judicial punishment (NJP) from their military command.

Non-judicial punishment refers to the limited punishments that a commanding officer, or officer in charge, may give to members of his/her command for violation of regulations. In the Navy and Coast Guard, non-judicial punishment proceedings are referred to as "Captain's Mast." In the Marine Corps, the process is called "Office Hours." In the Army and Air Force, it is referred to as "Article 15."

"Mast," and/or "office hours" are procedures whereby the commanding officer or officer in charge may inquire into the facts surrounding minor offenses allegedly committed by a member of the command.

The Commanding Officer may dismiss the charges, impose punishment under the provisions of Article 15 or refer the case to a court-martial. Regardless of what it is referred to as the rules pertaining to this procedure can be found in Article 15, of the Uniform Code of Military Justice, (UCMJ), and Part V of the Manual for Courts-Martial.

To initiate Article 15 action, a commander must have reason to believe that a member of his/her command committed an offense under the UCMJ. In military criminal law, there are two basic types of misconduct-disciplinary infractions and crimes. An example of an infractions would be breaking traffic laws, license requirements or disobedience of military orders, disrespect to military superiors, etc.

One possible reason that military members face a "double Jeopardy" is that recent studies have shown a dramatic increase in "alcohol abuse" among those on active duty. A March 2004 Defense Department study revealed that military personnel were "significantly" more likely to drink heavily than their counterparts not in the military (16.9% as compared to 11.2 % respectfully).

For more information on the rights of those in the military please refer to: www.militaryrights.com One additional consideration that some military members might face is the loss of their security clearance.

For specific information on this issue please refer to: Security Clearance Decision.

United States Navy instruction regarding DUI arrest/convictions (Read Pages 13-16): OPNAVINST 5350.4C.