U.S. Army ROTC Disenrollment for DUI
A U.S. Army ROTC cadet received notice of disenrollment from the program based on his arrest by civilian authorities for Driving under the Influence (DUI). The cadet was a college junior with his heart set on becoming an Army Officer. To improve his chances of retention, he and his family retained Attorney John L. Calcagni III. Attorney Calcagni began his efforts in this case by working hand-in-hand with the cadet’s civilian attorney defending him in the DUI case. Based on Attorney Calcagni’s efforts, the lawyer was successfully able to persuade the local judge and prosecutor to agree to dismiss the DUI case in exchange for the cadet’s admission to speeding and payment of a fine. This was the best case scenario in terms of setting the ground work for defending the disenrollment action.
The cadet then proceeded to a disenrollment board. He and Attorney Calcagni prepared and submitted a packet of extenuating and mitigating information on the cadet’s behalf such as his academics, performance in ROTC, family background, statements of support, character letters, proof of volunteer work and employment history. The cadet also made a sworn statement to the board. Despite these efforts, the board’s investigating officer recommended the cadet’s disenrollment from ROTC with repayment of financial benefits received by him while in the program. Attorney Calcagni successfully appealed this matter on the cadet’s behalf. His submissions persuaded the chain of command to disapprove the investigating officer’s findings and recommendations. Attorney Calcagni then successfully petitioned U.S. Army Cadet Command to provide his client with a civilian conviction waiver, thereby resulting in the cadet’s retention in Army ROTC and ability to commission as an Army Officer.