Will a soldier's drunk driving lead to unfitness for active duty?

A soldier's drinking case is highly likely to lead beyond ordinary criminal punishment to a review of unfitness for active duty.

A soldier's disciplinary action for drinking is structured so that it does not end with a simple disciplinary action but can lead to a review of unfitness for active duty.

A review of unfitness for active duty is a procedure for judging the possibility of continued service of career soldiers, such as officers and noncommissioned officers, and a soldier is referred to it when certain requirements are met.

Specifically, a soldier becomes subject to it when they have received a guilty verdict from a military court but have not been discharged, when one heavy disciplinary action or two or more light disciplinary actions have accumulated, or when grounds such as a lack of ability to perform duties or maladjustment to the organization are recognized.

In particular, as the punishment for drunk driving has been strengthened since 2010, there are not a few cases in which noncommissioned officers and above automatically become subject to referral to a review of unfitness for active duty even if they receive only a disposition of a suspension of indictment or heavier.

In this process, the disciplinary action and the criminal disposition are carried out in parallel, and as a result, it can lead to a decision to discharge the soldier.

In actual cases as well, there have been instances in which, despite a relatively low blood alcohol concentration of about 0.077%, a soldier was referred to a review of unfitness for active duty after a fine and a disciplinary action, and ultimately the discharge was confirmed.

Therefore, a strategic response that considers both the disciplinary action and the review of unfitness for active duty is necessary from the early stage of response.