Might get kicked out! what do i do?

[afman23]

What is the name of your state? ID

Ok so here's the deal. Back in dec i got a D.u.i on base and got really screwed for that lost 2 stripes and 500 dollars and base restriction. Then on the 3rd of july i got in a arugment with a nco and somehow the commander found out and they are trying to charge me with assult and dui. But the thing is i didnt assult him he got in my face i pushed him back and he hit me. this all happend off base and no charges where made and none of us filled out any reports, so i think the commander is trying to get me on something. OK so my question is if the commander tries to kick me out i lose my mgib. and that was the whole purpose of me joining. So what do i do is there a way to fight all this or what?
thanks.

[fozzy2]

"Assault" does not necessarily require any contact. An assault can be a threat or menacing that puts a person "in apprehension of harm when there is apparent present ability" --- whether or not you actually touch the person. If you actually hit them, then they usually add "battery" to the charge and you get "assault and battery." You are probably lucky they didn't add battery on to your charges for "pushing" the NCO.

You seem to say you were drunk during the incident, and driving (dui). If proven this lowers your credibility considerably. By any chance was this NCO base security (or just trying to keep you from driving drunk)? If you were drunk and s/he was sober, that's just another strike against you. And even if they "got in your face", didn't you get over that in boot camp? Not an excuse to get physical. If you were drunk and shoved security you're lucky you didn't get a mouthful of baton. All in all, doesn't sound like a good case.

If the military kicks you out, you will almost certainly lose your GI bill benefits. Unless you are in your second enlistment, anything less than an "honorable" discharge means no GI bill. (a "general" discharge now means no GI bill).

[badapple40]

Hire a civilian attorney to deal with this.