DUI road to wrong destination

  • Published
  • By Master Sgt. Richard Puckett
  • 56th Fighter Wing Public Affairs
LUKE AIR FORCE BASE, Ariz. --  We need to be reminded that driving under the influence is very dangerous. It risks the lives of the driver, his or her passengers and everyone they meet on the road.

As we enter the base every day, a posted sign at each gate informs us about the specifics concerning the most recent crime of driving under the influence. But that sign does not state the full ramifications of a DUI charge. It serves as a daily reminder of the personal ramifications of this reckless crime for all to reflect upon.

The sign shows us the unit the individual is assigned to, how many days since the last DUI, how many DUIs that unit has had this year and what consequences the offending individual has received so far.

Air Force commanders use many methods to remind us how risky DUIs are to our Air Force family and what a DUI offense can mean for one's career. We are constantly informed of these possibilities in commander's calls at the squadron, group and wing levels. When we stand down from normal operations to observe a safety day, it is briefed again. Information regarding DUI crimes and related punishments are periodically published in our base newspaper.

The Defense Department and U.S. Air Force take DUI prevention very seriously. In order to maintain good order and discipline and to ultimately save lives, commanders typically set expectedly harsh punishments and adverse administrative actions as deterrents for these crimes.

Yet, in some instances, the gate signs we see each day reflect that an offender received a letter of reprimand or unfavorable information file or simply show consequences "PENDING." On the surface, this may seem inconsistently light compared to what we know has happened to others found guilty of this crime. This can create perception problems that negatively impact morale.

According to Master Sgt. Chris Huard, 56th Maintenance Operations Squadron first sergeant, one of his Airmen commented after a recent DUI, "Wow ... an LOR and a UIF? That's all for a DUI?" Huard took the opportunity to point out to his Airman what many don't see or realize is going on behind the scenes.

In most instances, punishment or other actions have not taken place yet. Often, this explains why the gate sign may simply show LOR/UIF or PENDING.

Many times, commanders and our military justice legal team are waiting for details involved in alleged DUI cases which occur off base. Related information from downtown cases does not become available for up to six months in some instances, according to Lt. Col. Thomas Cluff Jr., 56th Fighter Wing Staff Judge Advocate. This needed information may simply be facts related to an arrest, such as a police report, or the results of a blood alcohol level test. This information is important to a commander in determining his or her ultimate decision in determining what punishment is appropriate.

Commanders must also ensure whatever punitive actions they impose do not constitute double jeopardy.

Driving under the influence is a violation of Article 111 of the Uniform Code of Military Justice. However, when an incident occurs off base, local jurisdictions take precedence. "We cannot prosecute a case that the locals are prosecuting unless we get approval from the Secretary of the Air Force," said Capt. Dakota Fiori, 56th FW chief of military justice.

It is this dichotomy of military and civilian justice that commanders consider in each case.

"If the outside keeps jurisdiction, commanders are limited to administrative actions: LOC (letter of counseling), LOA (letter of admonishment), LOR or a demotion," Fiori said. "If we get jurisdiction or the DUI occurred on base, the commander may choose one of the above administrative actions or punishment in the form of an Article 15; typically, it results in an Article 15."

DUI is a socially and professionally egregious crime. In many cases, commanders find Airmen offenders of this crime to have failed in their responsibilities as outlined in 36-2618, The Enlisted Force Structure. It is because of this failure that some Airmen lose a stripe in a nonpunitive administrative demotion.

If an officer is involved in a DUI either on or off base, he or she could face many of the same consequences his or her enlisted counterparts face with the exception of administrative demotion. They could also face the loss of a line number for promotion.