Vets And Beer: Legal Drinking For Army Veterans

While there is no explicit rule against drinking beer as an army veteran, there are certain situations where it is prohibited. For example, drinking while on duty or during official events such as ceremonies and parades is strictly forbidden. Additionally, some states and establishments have laws or policies prohibiting the sale of alcohol to individuals in uniform. It is also important to note that the consequences of irresponsible drinking can be severe, including disciplinary actions, loss of security clearance, and legal consequences under the Uniform Code of Military Justice (UCMJ). Understanding the regulations and seeking help if needed are crucial for making informed decisions about alcohol consumption.

Alcoholism in the military

Alcoholism is a significant problem in the military. While responsible alcohol consumption is permitted, many service members develop a dependency. Active-duty personnel often consume alcohol to celebrate combat victories or to cope with post-combat stress, loneliness, boredom, and the lack of other recreational activities.

The rates of heavy alcohol use are significantly higher among 18- to 25-year-olds in the military than in the same age group of civilians. According to data from 2001 and 2002, 35.4% of Marines, 20-28% of soldiers, airmen, and sailors, and 15.3% of civilians admitted to drinking heavily.

In the US, service members must be at least 21 years old to buy or drink alcohol. However, there may be exceptions for those serving abroad. The Uniform Code of Military Justice (UCMJ) sets guidelines on alcohol-related offenses and their punishable consequences, which can include disciplinary action, discharge from the military, and even legal actions.

Excessive alcohol consumption can impact military health, performance, and readiness. It can also lead to issues such as dependence symptoms, fighting, missing duty, failing to get promoted, receiving a low performance rating, and causing traffic accidents.

The Department of Defense (DoD) has screening measures to help identify service members struggling with alcohol abuse, and various treatment options are available, including inpatient and outpatient facilities with services such as medically supervised detoxification, psychological counseling, support groups, and art and music therapy.

While there are no explicit laws against veterans drinking beer, it is important for them to exercise discretion and seek help if needed, as alcohol abuse can have negative consequences on their health and well-being.

Alcohol-related offences in the Uniform Code of Military Justice (UCMJ)

Alcohol-related offences are a serious matter in the military, with the Uniform Code of Military Justice (UCMJ) setting out guidelines and punishable consequences. The UCMJ, enacted by Congress in 1951, is a federal law that applies to all active-duty members, activated National Guard and Reserve members, and military academy students. Some civilians serving in support of the military during wartime may also be subject to the UCMJ.

Article 111 – Drunken or Reckless Operation of a Vehicle, Aircraft, or Vessel

This article addresses operating or being in physical control of a vehicle, vessel, or aircraft while intoxicated. The Blood Alcohol Concentration (BAC) limit is typically 0.08% or 0.1%, depending on the law governing the military installation. If a service member's BAC exceeds this limit and they operate a vehicle, vessel, or aircraft, they are in violation of this article. The consequences for personal injury resulting from this misconduct include dishonourable discharge, forfeiture of all pay and allowances, and confinement for 18 months. If no injury occurs, the punishment includes bad conduct discharge, forfeiture of all pay and allowances, and confinement for six months.

Article 112 – Drunk on Duty

Article 112 pertains to any level of alcohol intoxication that impairs mental and physical performance while on duty. It also applies to any assignment imposed by a superior authority that is considered a military duty. The maximum punishment for this offence includes bad conduct discharge, forfeiture of all pay and allowances, and confinement for nine months.

Article 134 – Drunkenness

Article 134 covers instances where a service member is unable to perform their military duties due to overindulgence in alcoholic beverages. This inability to perform can be a result of ongoing intoxication or a hangover. The punishment for this offence may include confinement for three months and forfeiture of two-thirds of pay per month for three months.

Article 134 – Disorderly Conduct, Drunkenness

This article addresses disorderly conduct as a result of drunkenness. When excessive alcohol consumption leads to aggressive, disruptive, or unsafe behaviour, service members can be charged under this article. Punishment includes confinement and forfeiture of two-thirds of pay per month for up to four months.

Article 134 – Drinking Liquor with Prisoner

Article 134 also includes provisions for drinking liquor with a prisoner.

Article 134 – Drunk Prisoner

Additionally, Article 134 addresses instances of a prisoner being intoxicated.

It is important to note that these articles are not exhaustive, and there may be other related offences under different articles of the UCMJ. Service members should be aware of the laws and regulations governing their conduct, especially when it comes to alcohol consumption.

Disciplinary action for drinking in uniform

While there is no explicit rule in the US Army prohibiting drinking in uniform, it is generally frowned upon, especially in public or on official duty. The consequences of drinking in uniform can range from administrative actions to legal actions and everything in between.

Administrative Actions

• Reprimands
• Counselling
• Formal written warning

Loss of Privileges

• Loss of security clearance
• Loss of job options within the military
• Repercussions for finding a civilian career that requires security clearance

Legal Actions

• Non-judicial punishment
• Courts-martial
• Fines
• Reduction in rank
• Dishonourable discharge

Impact on Unit

• Erosion of confidence from comrades and superiors
• Damage to unit cohesion
• Negative impact on morale and trust

Safety Concerns

Risk to self and others

Career Progression

Missed opportunities for promotions, assignments, and career advancement

Disciplinary Actions

• Demotion
• Discharge from the military

Drinking in uniform in public

While there is no explicit rule in the Army regulations prohibiting drinking in uniform, it is generally frowned upon, especially in public or on official duty. The military is an institution built on discipline, professionalism, and high standards, and drinking in uniform can create an image of recklessness or a lack of seriousness about your duties. When you are in uniform, you are representing not just yourself but the entire Army, and stumbling around with a beer in hand reflects poorly on your comrades, your unit, and the Army as a whole.

Drinking in uniform, especially in public, is often seen as a violation of the unwritten rules of military culture. It can send the wrong message that the Army condones drinking on the job or that you lack discipline. In addition, drinking in uniform can have negative consequences for your career. Your superiors may take administrative actions, such as reprimands, counseling, or formal written warnings, which can impact your career progression. Additionally, being drunk on duty can result in a loss of security clearance, limiting your job options within the military and potentially impacting your future civilian career.

Legal actions under the Uniform Code of Military Justice (UCMJ) may also be taken against you if you are found drunk on duty, including non-judicial punishment, courts-martial, fines, reduction in rank, or even a dishonorable discharge. Your actions can also impact the morale and trust of your fellow soldiers, eroding the confidence of your comrades and superiors and damaging unit cohesion. Moreover, being intoxicated while on duty poses significant safety risks to yourself and others, as the military operates with strict safety protocols and certain roles require sharp decision-making and coordination.

It is important to note that the rules regarding drinking in uniform may vary depending on the local and unit-specific policies. Some installations may prohibit consumption while in uniform unless exceptions are approved by the installation commander, while others may allow consumption at unit gatherings and Military Welfare and Recreation (MWR) events. The time of day or day of the week can also factor into these policies, with some installations permitting alcohol consumption in uniform after certain hours on duty days. Ultimately, it is up to the commanding officer to decide if drinking in uniform is acceptable for a particular unit or during certain events.

Once you are out of the Army and officially a veteran, the rules change, and there is more freedom to drink in uniform. However, even as a veteran, discretion is advised. Getting rowdy at a local pub in your old uniform is probably not the best way to honor your service.

Purchasing alcohol on a military base

In the US, you must be 21 or older to buy or consume alcohol. However, there may be exceptions for those serving abroad. The Centers for Disease Control and Prevention (CDC) sets guidelines for moderate alcohol intake, which is defined as one drink per day for women and two drinks or fewer per day for men. A blood alcohol concentration (BAC) of 0.06% is enough to impair cognitive performance, and most states consider a person legally intoxicated at 0.08% BAC. Some military installations may adopt a higher limit of 0.1% BAC.

Alcohol sales on military bases have been a topic of debate. While beer, wine, and spirits have been available for years on military bases through channels like the base exchange, a recent pilot test of beer and wine sales at commissaries (grocery stores on bases) sparked controversy. The Department of Defense (DoD) decided to continue sales of beer and wine at the 12 test stores while evaluating whether to expand to the rest of the system's 226 stores in the US and abroad. The alcohol sold in commissaries is not taxed as it is considered a non-pay benefit for military personnel.

The decision to exclude spirits from the pilot test opened a new front in the competition for market share between alcohol categories. The Distilled Spirits Council argued that spirits should be included in commissary sales, as they are gaining market share from beer and wine and are demanded by modern consumers. However, the DoD maintained that spirits are not commonly sold in commercial grocery stores across the US and wanted to emulate those practices.

Alcohol sales make up approximately 9% of overall sales at army base exchanges. The top three beer brands are Bud Light, Miller Lite, and Coors Light, while Apothic Red, Stella Rosa, and Roscato are the top wine brands. Hennessy, Crown Royal, and Jack Daniel's are the leading spirits brands. At marine base exchanges, beer is the top-selling category, followed by spirits and then wine. Budweiser, Miller, and Coors are the most popular beer brands, with Jack Daniel's and Jim Beam leading spirit sales.

While there are no explicit laws against veterans drinking beer, the military has strict policies and cultural norms surrounding alcohol consumption. Veterans are expected to exercise discretion and avoid tarnishing the uniform's reputation or sending the wrong message about the Army's commitment to discipline and professionalism.

Frequently asked questions