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.
Original Post
Sounds like your case has been handled like a soup sandwich. I have personal experience in this matter- have you been to Trial Defense Services? Did you receive an Article 15? What does a 4187 have to do with this? There are too many questions in your case to be handled in a forum.

If you haven't been to Trial Defense Services (JAG), then you need to make an appointment and get there soon. This sounds like you haven't been notified of your rights.

I would humbly suggest that while you do this, make sure you are turned around 180, be the perfect Soldier, and lay low unless there's an opportunity to shine. Don't listen to barracks lawyers, JAG is there to help with situations like this. After you get the input from them, then read the regs yourself. If you want to stay in the Army you have to be smart and take advantage of the resources that are a right (like legal representation), not just a privilege.
What? What you're saying makes no sense. You cannot be reduced on a counseling statement. You would have had to of gotten an Article 15. Did they call you in and read you rights and ask if you agree or disagree and have any mitigating evidence? I would go to Trial Services. Not saying they are wrong and you are right...something sounds wrong. I get the feeling it may be the way you're explaining what happened.
@ rossij2010- The CDR did an administrative reduction, thats why he was reduced using a 4187. She probably counseled him right before she did it and thats where the counseling statement comes in, but the administrative reduction can only be done on the 4187. The info on administrative reductions is in AR 27-10 Para 3-3 and also in Part V of the MCM.

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