Legal Question in Military Law in Georgia

Failure to adapt

A friend of mine is 20 years old and got a dui so he received an article 15 for that and got 45 days extra duty, loss of rank, pay and was restricted to post. Then he left post one night to go out and he drank. His sgt found out he was off post and made him come back and since he was drinking they made him take a breath alizor and now he is getting a dishonorable discharge. But he has not been in for a complete year. So shouldnt he legally get failure to adapt?


Asked on 11/30/08, 1:36 pm

2 Answers from Attorneys
Scot Sikes Law Offices of Scot Sikes

Re: Failure to adapt

The only way he could get a "dishonorable discharge" is if he is court-martialed at the highest level (i.e., General Court-Martial). More likley that the command has simply decided to chapter him out pursuant to Chp. 14, AR 635-200, for misconduct. Violating the command's order to remain on post, coupled with the earlier DUI, is enough to go that route versus failure to adapt.

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Answered on 12/01/08, 9:00 am
Philip D. Cave Military Law & Justice

Re: Failure to adapt

1. They can process him for an Other Than Honorable Conditions discharge (not a Dishonorable).

2. He has two or more serious offenses in the current enlistment.

3. He likely violated an order to stay restricted which is an additional serious offense.

4. It's true they try to give counseling.

5. But they can do a discharge.

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Answered on 11/30/08, 1:46 pm


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