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Do I Have To Report An Air Force DUI?

Dayton DUI Attorney Charles Rowland > Uncategorized  > Do I Have To Report An Air Force DUI?

Do I Have To Report An Air Force DUI?

We frequently receive questions about an active-duty service members requirement to report an Air Force DUI arrest to his superiors.  We rely upon a decision (HERE) from the United States Navy, Navy Admin 373/11, which states that, in light of the decision in U.S. v. Serianne:

1. THIS NAVADMIN AMPLIFIES REF A, WHICH REVISED ARTICLE 1137 TO REF B TO INCORPORATE AND EXTEND REF C. THIS NAVADMIN ALSO AMENDS REFS D THROUGH J, AS NOTED BELOW.

2. CRIMINAL CONVICTIONS. PER REF A, U.S. NAVY REGULATIONS NOW REQUIRE THAT ALL PERSONS IN THE NAVAL SERVICE SELF-REPORT CRIMINAL CONVICTIONS, INCLUDING FOREIGN CONVICTIONS.

3. CIVILIAN ARRESTS AND CRIMINAL CHARGES. PARAGRAPH 3 OF REF B ARTICLE 1137 AUTHORIZES THE CHIEF OF NAVAL OPERATIONS (CNO) TO PROMULGATE INSTRUCTIONS REQUIRING SERVICE MEMBERS TO SELF-REPORT CIVILIAN ARRESTS OR CRIMINAL CHARGES IF THOSE INSTRUCTIONS SERVE A REGULATORY OR ADMINISTRATIVE PURPOSE (AS COMPARED TO A PUNITIVE PURPOSE). THIS CHANGE RESPONDED TO THE DECISION BY THE COURT OF APPEALS FOR THE ARMED FORCES IN U.S. V. SERIANNE, IN WHICH THE COURT INVALIDATED A SELF-REPORTING REQUIREMENT.

4. REVIEW OF SELF-REPORTING REQUIREMENTS IN OPNAV INSTRUCTIONS.
BASED ON A REVIEW OF ALL CURRENT OPNAV INSTRUCTIONS, THE FOLLOWING GUIDANCE IS PROVIDED TO CLARIFY REQUIREMENTS BASED ON THE REVISIONS IN REF A. (NOTE: THE FOLLOWING LIST DOES NOT INCLUDE SECNAV INSTRUCTIONS.)

  • A. REF D, PARAGRAPH 5.D(12), CONTAINS A REQUIREMENT TO SELF-REPORT ARRESTS THAT APPLIES THROUGHOUT THE PERIOD OF PROGRAM PARTICIPATION. THAT PROVISION, CONSISTENT WITH REF A, IS BASED ON A LEGITIMATE ADMINISTRATIVE REQUIREMENT AND REMAINS IN EFFECT.
  • B. THE SELF-REPORTING REQUIREMENT OF REF E, PARAGRAPH 8.R, IS CANCELED.
  • C. THE SELF-REPORTING REQUIREMENT OF REF F, IS AMENDED BY REPLACING
    CURRENT PARAGRAPH 510.6 WITH NEW PARAGRAPH 510.6 (IN UPPERCASE ITALICS TO REMAIN A GENERAL ORDER THAT APPLIES WITHOUT FURTHER IMPLEMENTATION) AS FOLLOWS:

ANY PERSON ARRESTED OR CRIMINALLY CHARGED BY CIVIL AUTHORITIES SHALL IMMEDIATELY ADVISE THEIR IMMEDIATE COMMANDER OF THE FACT THAT THEY WERE ARRESTED OR CHARGED. THE TERM ARREST INCLUDES AN ARREST OR DETENTION, AND THE TERM CHARGED INCLUDES THE FILING OF CRIMINAL CHARGES. PERSONS ARE ONLY REQUIRED TO DISCLOSE THE DATE OF ARREST/CRIMINAL CHARGES, THE ARRESTING/CHARGING AUTHORITY, AND THE OFFENSE FOR WHICH THEY WERE ARRESTED/CHARGED. NO PERSON IS UNDER A DUTY TO DISCLOSE ANY OF THE UNDERLYING FACTS CONCERNING THE BASIS FOR THEIR ARREST OR CRIMINAL CHARGES. DISCLOSURE IS REQUIRED TO MONITOR AND MAINTAIN THE PERSONNEL READINESS,WELFARE, SAFETY, AND DEPLOYABILITY OF THE FORCE. DISCLOSURE OFARREST/CRIMINAL CHARGES IS NOT AN ADMISSION OF GUILT AND MAY NOT BE USED AS SUCH, NOR IS IT INTENDED TO ELICIT AN ADMISSION FROM THE PERSON SELF-REPORTING. NO PERSON SUBJECT TO THE UNIFORM CODE OF MILITARY JUSTICE (UCMJ) MAY QUESTION A PERSON SELF-REPORTING AN ARREST/CRIMINAL CHARGES REGARDING ANY ASPECT OF THE SELF-REPORT, UNLESS THEY FIRST ADVISE THE PERSON OF THEIR RIGHTS UNDER UCMJ ARTICLE 31(B).

5. SEVERAL INSTRUCTIONS INDICATE THAT SERVICE MEMBERS MAY BE ASKED ABOUT ARRESTS OR CRIMINAL CHARGES AS PART OF A SPECIFIC APPLICATION OR SCREENING PROCESS. THOSE PROVISIONS ARE VALID WHETHER ISSUED BY CNO, OR OTHER COMPETENT AUTHORITY. THEREFORE, REFS G THROUGH J REMAIN IN EFFECT.

6. GUIDANCE ON DISCIPLINARY ACTION.

  • A. COMMANDERS SHALL NOT IMPOSE DISCIPLINARY ACTION FOR FAILURE TO SELF-REPORT AN ARREST OR CRIMINAL CHARGES PRIOR TO ISSUANCE OF THIS NAVADMIN. IN ADDITION, COMMANDERS SHALL NOT IMPOSE DISCIPLINARY ACTION FOR THE UNDERLYING OFFENSE UNLESS SUCH ACTION IS BASED SOLELY ON EVIDENCE DERIVED INDEPENDENTLY OF THE SELF-REPORT. CONSULT A JUDGE ADVOCATE PRIOR TO IMPOSING DISCIPLINARY ACTION IN SUCH CASES.
  • B. PER THIS NAVADMIN, COMMANDERS MAY IMPOSE DISCIPLINARY ACTION FOR
    FAILURE TO SELF-REPORT AN ARREST OR CRIMINAL CHARGES. HOWEVER, WHEN A SERVICE MEMBER DOES SELF-REPORT PURSUANT TO A VALID SELF-REPORTING REQUIREMENT, COMMANDERS WILL NOT IMPOSE DISCIPLINARY ACTION FOR THE UNDERLYING OFFENSE UNLESS SUCH DISCIPLINARY ACTION IS BASED SOLELY ON EVIDENCE DERIVED INDEPENDENTLY OF THE SELF-REPORT.
    COMMANDERS SHOULD CONSULT A JUDGE ADVOCATE PRIOR TO IMPOSING DISCIPLINARY ACTION.

7. COMMANDERS SHALL ENSURE THEIR INSTRUCTIONS DO NOT INCLUDE ADDITIONAL SELF-REPORTING REQUIREMENTS. HOWEVER, COMMANDERS OR PROGRAM MANAGERS MAY CONTINUE TO REQUEST INFORMATION ON ARRESTS OR CRIMINAL CHARGES AS PART OF AN APPLICATION OR SCREENING PROCESS, AS DESCRIBED IN PARAGRAPH 5 ABOVE.

Obviously, the interpretation of federal law is a difficult matter that should always be made in consultation with a competent advocate.  If an attorney is beyond your means, please take the time to talk to you Area Defense Counsel about your Air Force DUI charge.  Your career is important; too important to not take the time to ask the right questions.  If you need to speak to an attorney who has represented the accused drunk driver for over twenty years. We offer discounts to anyone charged with an Air Force DUI and anyone who is referred to us by an active-duty soldier.

Call Air Force DUI attorney Charles M. Rowland II at (937) 318-1384. 

 

Want to learn more about Military DUI? Check our our Military DUI FAQ Page for active military. 

Charles Rowland

charlie@daytondui.com

Charles M. Rowland II has been representing the accused drunk driver for over 20 years. Contact him at (937) 318-1384 if you find yourself facing a DUI (now called OVI) charge.

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