Fatal accident

[badapple40]

Do NOT wait. You need to be on this ASAP, particularly with it having occurred in the 82nd Abn. There are things that need done NOW or yesterday, like having your son start to get statements for himself of those involved.

While in private practice a couple years ago, I took on the 82nd and their legal office for a friend of the family who went AWOL (less than 30 days). They are notorious and will go so far as to "manufacture" evidence -- although we had concrete proof to the contrary to some/most of their allegations and so the kid got a company grade 15 for the offense and lost 1/2 pay for 2 months and 1 stripe reduction -- a favorable result.

You can bet he'll get a 15 for providing to minors. As for the admin. separation, they are blowing smoke up your rear end unless there are facts you aren't telling us. Army regulations only allow for an administrative separation due to a pattern of misconduct, or in lieu of a court-martial that is empowered to adjudge a bad conduct discharge. And he would have to put the Chapter 10 package in, as opposed to taking the matter to a court.

As has been stated, get a civilian attorney NOW. You make it much, much more difficult for the civilian attorney when you wait for them to throw the book at junior. The 82nd's legal office is busy preparing the case against your son and his cohorts. Don't you think you should let the civilian attorney hit the ground running?

--badapple, LTC, JA, USAFR

 

[SDDubb]

Yes yes yes...if you are new to this site, listen to badapple...he has an outstanding reputation on here. Trust his advice as gospel....

 

[rmet4nzkx]

Thank you BA for responding and emploring OP to get their son a civilian attorney. You know the ins and outs of military law and the consequences. This being far more complex with the civilian consequences as well, which was the point I was trying to make, they have to worry about both.

It is really a shame when things like this happen, or that they don't realize the many consequences of a brief lapse in responsibility for their life and career. I have two grown sons, both of whom were in the military, at the same time but in different branches, we took one on leave to visit the other while at AIT, after class was out, everyone jumped into cars and or taxi's and off the the nearest drinking hole, there was no checking of ID and underage drinking was condoned unless something happened. They were very aware that there were Taxi's available and used them. Alcohol related deaths is a serious problem in the military.