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REPRIMAND ONLY.  No Federal Conviction, No Separation for DUI, NO Confinement.

February 18, 2020, U.S. v. E-7, United States Army, Camp Humphrey, South Korea.  Sergeant First Class is charged by the Government for a DUI under Article 113, UCMJ and for violating Army Regulation 58-1 and therefore wrongfully using a Government-owned motor vehicle for other than official purposes under Article 92.  Both allegations stem from events occurring on the same evening.  The Government proposed that this Sergeant First Class take a deal by pleading Guilty to both counts in exchange for a cap on confinement, but for multiple months that simply was not equal to the punishment.  SFC retains Mr. Gapasin to represent him.  Rather than simply accepting the deal, Gapasin continued to push forward to trial, requesting that a forensic toxicologist be appointed to the Defense Team. The Defense also did not waive the Article 32 Preliminary Hearing but instead argued for dismissal or reducing the level of court-martial to a Special rather than a General Court-Martial.  The Preliminary Hearing Officer agreed and recommended that the level of disposition be changed from a General Court-Martial to a Special Court-Martial.  With the level of disposition reduced to a Special, and with Mr. Gapasin continuing to push to trial, the Government agreed to negotiations favorable to Gapasin's client.  RESULT:  REPRIMAND ONLY.  No Federal Conviction, No Separation for DUI, NO Confinement.


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