I got a Underage DUI just 4 months prior to my 21st birthday. I was offered the DUI diversion program which is basically a plea bargain to fulfill the requirements and in a years time the case gets dismissed and a few months later, expunged from my record. Immediately following the "arrest weekend" I sat with my CO and she flagged me (AA), took away my post driving privileges (something she was supposed to report to the MP station because they technically are the ones who have to do that), enrolled me in ASAP and advised the counselor that I complete the outpatient treatment as well regardless of her determination. This is all in January of 2010. Now its April and i get administrativelt reduced two ranks from a PFC to a PVT, i would have picked up my e4 April 1, on a DA 4187 and a counseling statement, which states that i was "CONVICTED" of two charges completely different than what is on the police report, and the case is still open with just a guilty plea.well six months later I finally get my gomor, sign receipt of reprimand, date, and waive my rights to submit any defense so i didnt prolong the process. Approximately one month after signing the receipt i receive an email from top stating that the CO thinks i should submit a defense and emails me the blank copy of the receipt to resign, redate, and initial next to submitting defense. It appears like she has been procrastinating a lot and i feel i have gotten the max punishment not to mention what the civilian court requires. I am still flagged and fuzzy when it comes to rank. My questions are:
1. Am i now not eligible for waivers since i was reduced.
2. Since technically the DA 4187 lists false accusations can it be overturned and rank reinstated, back pay and promoted.
3. Does the back and fourth with my Gomor and the fact that i have blank receipts, one dated for august, and one dated for september affect status or processing?
4. When should my flag be lifted. I am still flagged pending the determination of where the CG will file. But I have also heard of people whose flag was lifted upon completion of ASAP.