# Administrative Review - Alcohol Misconduct



## abruent85 (24 Apr 2012)

Hello,

Last year I had an incident and was charged on the civvie side. On the military side they opened an Admin Review on me for Alcohol Misconduct. Right now I'm injured and on a PCAT and trying to get posted to JPSU, but was told I couldn't do so until I was off my AR. Last month I ended up getting all charges dropped on the civvie side and was wondering how do I go about getting off AR? Someone had mentioned to me that it can take up to six months for a "letter" to come down saying I'm off AR. Any help would be appreciated. 

Thanks,


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## dangerboy (24 Apr 2012)

Have you read DAOD 5019-7, Alcohol Misconduct http://admfincs.mil.ca/admfincs/subjects/daod/5019/7_e.asp.  This DAOD outlines the process.


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## abruent85 (24 Apr 2012)

Good Morning,

I have read the DAOD on Alcohol Misconduct and the DAOD on Administrative Review. I understand the process but it doesn't mention anything about how long this takes. I know each case is different, but I was wondering how long should it take. As soon as I got back to base from my last court date, I handed in all court documents showing that all the charges had been dropped. 

Thanks,


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## captloadie (24 Apr 2012)

Just because all the charges were dropped does not automatically cease any AR process, nor remove you from any Administrative actions, such as C&P. If the CO believes that there was cause, he can decide to not change anything. That is why the judicial process is separate from the Administrative one.

Let's take a hypothetical case. Cpl Bloggins gets liquored, starts an argument with his wife, things get a tad bit violent and the neighbours call the police. The police show up, find Cpl Bloggins to be inebriated, and arrest him. Statements are taken and charges are laid. A couple of months later, its all one happy family again, the wife doesn't want to press charges, or refuses to testify, so the charges get dropped. The judicial process is over.

However, administrative measures were taken by Cpl Bloggins' unit, and it is found that maybe this wasn't the first incident involving alcohol, or maybe it was deemed serious enough, as per the DAOD to take further administrative actions. There is still ample evidence, and the burden on the unit was still great enough to justify placing Cpl Bloggins on C&P and possibly an Admin Review. Just because the courts could go no further does not lessen the effects on the military side. This is the Administrative process.


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## Eye In The Sky (24 Apr 2012)

Just a point, because a RM (C &P) is a possible outcome of an AR, I don't believe you can be placed on C & P and then also have an AR done.  The AR could result in C & P however.  There is some good info avail on the DGMC DIN site for refs (Description/Business Process, Aide Memoire, Disclosure, etc).


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## DAA (25 Apr 2012)

Remedial Measures (RM) are at the discretion of the approving authority within the context of the applicable DAOD to which they apply.  When warranted, they should never "ever" be delayed, whether or not an AR has been staffed or is already in progress.  To delay an RM only drags out the entire process out over a long period of time, causing undue stress on the member...and has less of an intended effect in the end.  

In this case, the person needs to review the DAOD's to see which one they fall into, as I believe there are two which are applicable to "misuse of alcohol" and each have different processing requirements.

Experienced a somewhat similiar case where the RM was delayed in favour of waiting for the AR response.  The AR results directed an RM and the member signed off like it was ordering a "double double".  No questions, no concerns, carry on....

The longer you wait, the less the intended effect...


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## Eye In The Sky (26 Apr 2012)

DAA said:
			
		

> Remedial Measures (RM) are at the discretion of the approving authority within the context of the applicable DAOD to which they apply.  When warranted, they should never "ever" be delayed, whether or not an AR has been staffed or is already in progress.  To delay an RM only drags out the entire process out over a long period of time, causing undue stress on the member...and has less of an intended effect in the end.



You're suggesting that a mbr can and should be placed on a RM by his/her CO if an AR has been requested and is ongoing?  I disagree.

From the DGMC AR - Alcohol Misconduct, Business Process document:  "_ARs are put into motion when Commanding Officers recommend admin measures, which are beyond those they are authorized to implement_".   If a CO thinks the warranted admin measure is above above their authority, how can he/she then implement something _=/lower_ while the AR is in progress?  This is likely a breech of procedural fairness and due process IMO and I would suspect that any AJAG/Leg O/ULA would agree, based on the JAG Admin Mil Law Manual (specifically Chaps 2, 14, 24, 33).  The general rule in the Manual is, the higher the stakes to the mbr's career, the more procedural fairness and due process _must_ be observed.  Chap 2 of the manual provides some decent layman's discussion on this, Section 3 - 5 in particular.

Additionally, I have a close friend who was caught for DUI last year.  Their CO did as directed in the DAOD; contacted DMCA immediately.  The CO was going to place member on C & P, however this did not happen, as C & P is a possible outcome of the AR process.  As the CO is not the AA for the process, unless an AR is not requested or conducted (DAOD 5019-7 refers).  



> In this case, the person needs to review the DAOD's to see which one they fall into, as I believe there are two which are applicable to "misuse of alcohol" and each have different processing requirements.



AM (Alcohol Misconduct) and CDIA (Conduct Deficiency Involving Alcohol), of which AM is the more serious.

The DAOD lays stuff out, but the AR process for AM, Aide Memoire, etc are found on the DGMC site in the AR section.  I always like to refer to the one pub that is not usually ref'd, the JAG Mil Admin Law Manual.


In reply to the OPs question, your CO's job is to forward the doc's you handed in.  After that, he/she can call DMCA and ask for SITREPs, but it is DCMA who must close the AR case file.


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## Bzzliteyr (26 Apr 2012)

Ref: captloadie's example, here's an example I stumbled upon by accident not too long ago.  Sometimes the process is done incorrectly.

http://www.cfgb-cgfc.gc.ca/English/2010-076.html


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## CountDC (26 Apr 2012)

Bzzliteyr said:
			
		

> Ref: captloadie's example, here's an example I stumbled upon by accident not too long ago.  Sometimes the process is done incorrectly.
> 
> http://www.cfgb-cgfc.gc.ca/English/2010-076.html



assuming the board recommendations are agreed to.

Not so sure that it is a comparative situation though.  Capt's case has solid evidence from witness statements, including the spouses,  to MP reports on members state.


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## captloadie (27 Apr 2012)

It is a difficult decision to make on when to take serious administrative action against a member in some cases. Clear cases such and DUI, or other alcohol related items are sometimes easy. But then there are some cases where it may be prudent to await the outcome of a judiciary process. I have heard of spouses falsely using spousal abuse or child abuse charges as a means to get their CF spouse to give in on custody battles, etc. If we were to immediately action an administrative review, and impose administrative sanctions, we may be hampering a member's career for nothing. There is a very fine line sometimes.


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## DAA (27 Apr 2012)

Eye In The Sky said:
			
		

> You're suggesting that a mbr can and should be placed on a RM by his/her CO if an AR has been requested and is ongoing?  I disagree.



My bad.  An RM should be issued as soon as possible.  But in the case where a regulation specifies an AR or an AR has been initiated, then the CO's hands are tied and you have to wait it out until the AR process is completed.  In such a case, you wouldn't be able to issue an RM until the AR has been dealt with.


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