First off, this Soldier needs competent legal representation. I can't provide legal advice on the forum, but I can point out the rules governing separations.
Per AR 635-200,
"1–33. Disposition through medical channels
a. Except in separation actions under chapter 10 and as provided in para 1–34b, disposition through medical channels takes precedence over administrative separation processing.
b. When the medical treatment facility (MTF) commander or attending medical officer determines that a soldier being processed for administrative separation under chapters 7 (see sec IV), 14, or 15, does not meet the medical
fitness standards for retention (see AR 40–501, chap 3), he/she will refer the soldier to a Medical Evaluation Board (MEB) in accordance with AR 40–400. The administrative separation proceedings will continue, but final action by the separation authority will not be taken, pending the results of MEB.
(1) If the MEB findings indicate that referral of the case to a physical evaluation board (PEB) is warranted for disability processing under the provisions of AR 635–40, the MTF commander will furnish copies of the approved MEB proceedings to the soldier’s GCMCA and unit commander. The GCMCA may direct, in writing, that the soldier be processed through the physical disability system when action under the UCMJ has not been initiated, and one of the following has been determined:
(a) The soldier’s medical condition is the direct or substantial contributing cause of the conduct that led to the recommendation for administrative elimination.
(b) Other circumstances of the individual case warrant disability processing instead of further processing for administrative separation.
(2) The authority of the GCMCA to determine whether a case is to be processed through medical disability channels or under administrative separation provisions will not be delegated.
(3) The GCMCA’s signed decision to process a soldier through the physical disability system will be transmitted to the MTF commander as authority for referral of the case to a PEB.
(a) Copies of the GCMCA’s decision will be furnished to the unit commander and included in the administrative separation proceedings.
(b) The unit commander will suspend processing of the administrative separation action pending the PEB.
1. If the soldier is found physically fit, the administrative separation action will be resumed.
2. If the soldier is found physically unfit, the administrative separation action will be abated.
c. Disability processing is inappropriate if the conditions in b(1)(a) and (b) do not apply, if UCMJ action has been initiated, or if the soldier has been medically diagnosed as drug dependent. (See para 14–12c.) Accordingly, disability processing is inappropriate in separation actions under chapter 10."
This is not a perfect solution. The GCMCA can still separate after making a determination that the Soldier's condition was not "the direct or substantial contributing cause of the conduct that led to the recommendation for administrative elimination." I am currently representing a Soldier at the ABCMR where the GCMCA did not even address this issue, so there is always the risk that they will not process his case correctly.
Nonetheless, if his PTSD contributed to the DUI, this may be an avenue for getting his case disposed of through medical channels.
You said he is on bail. I assume this means he has not been convicted. Since separation for commission of a serious offense is a possible reason for separation if convicted, it is better if his civilian case is put off until after his (hopeful) disposition through medical channels.
I would also check on local withholding policies on dealing with misconduct by Senior NCO's (I am assuming he is an E-6 or above, which is the usual withholding threshold).
He has a lot of risk if they process him incorrectly and/or separate him. It is unfathomable to me that he should be separated at this point in his career for a first time DUI without personal injury involved. But I can't stress how important it is that he get the assistance of a good attorney. An assessment of the facts of his case is very important to navigating this process and it is not appropriate for me to provide legal advice on this forum. He needs to have the help of someone who has thoroughly reviewed his case and can provide him advice and assistance in fighting this.
I hope it works out well for him and if he wants to contact me, he can contact me via Private message or e-mail from my profile page. I would be glad to discuss any question he has.
