What Is An Article 92 Military Law?
Posted by: Alan in Alcohol Counseling, tags: Article, Military., What
My daughter is currently in AIT MOS 35MI, she recently got a counseling statement, on the document her sgt wrote “Recommendation for Article 92″. I looked this up online and the punishment seems really bad. She told me she has to go to UCMJ. The act she commited was as follows: Off duty, in uniform on base, drinking with other soilders in training, she got alcohol poisoning and was found face down in the mud by her sgt. who then rushed her to emergency. Can someone please tell me what can possibly happen to her from here? She also told me she will be chaptered out and will have to go to a Alcohol Abuse Program on post, the chaptering out was not officially documented yet. Based on my research online I am losing my mind back home worried sick that she does not end up in military prison. Does anyone have any information on what might happen to her? Please help. Desperate Single Mom
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February 27th, 2010 at 12:51 pm
Fist off, it sounds as though your daughter has a very serious drinking problem. Historically ART. 92 is used as a general Art. when there are no specific articles to cover a certain situation. If she does get “chaptered” out, it will be after treatment for alcoholism. She will most likely not go to “military prison”, she will however more then likely be put on restriction (to the base), she will get extra-duty, 1/2 pay for a month, and reduction in rate (demotion). If she does get discharged after all of that it will be classified as a Medical discharge, due to alcoholism.
I’m sorry if this sounds grim, but I felt like you should know the truth.
February 27th, 2010 at 3:04 pm
Uniform Code of Military Justice (UCMJ)
ART. 92. FAILURE TO OBEY ORDER OR REGULATION
She will not go to prison for an offense like this, in all likelihood an Article 15, which is nonjudicial administrative punishment, most likely field grade Article 15. It’s a serious offense, but a nonviolent one and one that only effected her. “Chaptering out” is also an administrative level action. She needs to make an appointment with a JAG officer, an Army public defender so to speak, who can explain the ramifications of the charges and advice her of her rights.