DUA: never a smart decision

  • Published
  • By Airman 1st Class Jarad A. Denton
  • 28th Bomb Wing Public Affairs
ELLSWORTH AIR FORCE BASE, S.D. --  With drinking and driving a primary concern throughout the Air Force, Airmen have attended briefings, listened to survivor accounts and seen videos of the skid marks on the road leading up to a destroyed car.

However, with such an emphasis placed on driving under the influence education, the problem of Airmen drinking underage is sometimes left unexplored.

"In South Dakota, if you are underage and have a blood alcohol content of .02 you can be charged with a DUI," said Capt. Zachary Augustine, 28th Bomb Wing assistant staff judge advocate. "The Air Force does not have a separate offense for an underage DUI because it is defined as a DUI under South Dakota law."

For an underage Airman caught drinking that means the Air Force can take judicial action against them, by means of a court-martial, or non-judicial action, such as an Article 15. When a drinking under age case crosses the desk of Master Sgt. Tina McFadden, 28th Comptroller Contracting Squadron and 28th Bomb Wing first sergeant, she has one thought that initially runs through her mind.

"The first thing I think about is, are they alright," she said. "That is my main priority - to make sure they are safe. My second thought is - what didn't I do or what more could I have done?"

While Sergeant McFadden acts as a liaison between the wing commander and the Airmen, making sure she has all the facts before providing a recommendation to the commander; Captain Augustine's role is to provide advice to the Airman's commander from a legal perspective.

"Depending on whether it [the DUA case] is brought to my attention by local law enforcement or by a military member I would have different courses of action," he said. "If it comes from military members, then my first course of action will be to get the complete report of the incident, including witness statements and police reports. Once I have the evidence, I will advise the member's commander on the appropriate action to take."

Captain Augustine said the penalties for drinking under age fall under violations of either Article 92 or 134 of the Uniform Code of Military Justice, depending on where and when the incident occurred.

"The maximum punishment authorized in a court martial for underage drinking would be a bad-conduct discharge, confinement for six months, reduction to the rank of airman basic and forfeiture of all pay and allowances," he said. "The maximum punishment attached to an Article 15 for underage drinking is a reduction to airman basic, forfeiture of one half month's pay for two months, restriction to base for 60 days, 45 days of extra duty and a reprimand. Additionally, if an Airman has a history of poor performance or other adverse actions, then an Article 15 might also result in administrative discharge proceedings."

Sergeant McFadden says while punishments and proceedings differ on a case-by-case basis, the bottom line is if an Airman is underage there is no drinking - period.

"It's not worth your career," she said. "Regardless of if you get caught, it will affect your career negatively, in some way. It's just not worth it!"

Captain Augustine agrees and encourages Airmen thinking about drinking underage to weigh the benefits against the risks.

"The Air Force is currently looking to trim the force as a result of extremely high retention rates, which are so high because the outside job market is so bad," he said. "I think young Airmen often underestimate the value of receiving a steady paycheck, unlimited medical and dental benefits, paid vacation and playing a role in protecting America from dangerous enemies."

Both Captain Augustine and Sergeant McFadden believe underage Airmen need to stop before they make a poor decision that could impact both their career and their lives.

"Young Airmen who choose to drink underage are making themselves easy targets for force shaping and could very likely find themselves out of a job and without any medical benefits," Captain Augustine said. "Now more than ever the risks of breaking the law far outweigh the short-term pleasure of drinking underage."