2-star popped for DUI

[Dupe]

General charged with DUI - 2-star receives top assignment after arrest

By Michael Hoffman

mhoffman@militarytimes.com

A two-star general faces a charge of drunken driving while at an Air Force conference in Las Vegas, a misdemeanor filed six weeks before he received another top assignment at Air Force Materiel Command headquarters. Maj. Gen. David W. Eidsaune is scheduled to appear May 13 in municipal court in Henderson, Nev., a Las Vegas suburb. If convicted of driving under the influence, Eidsaune could be sentenced to up to six months in jail and fined up to $1,000.

The violation allegedly occurred shortly before midnight Feb. 9, when Eidsaune had the title of AFMC’s director of air, space and information operations, based at Wright-Patterson Air Force Base, Ohio. On March 19, AFMC announced Eidsaune would take over as director of strategic plans, programs and analyses, and of Develop and Sustain Warfighting Systems at AFMC’s Air Force Process Office.

A Henderson police officer arrested Eidsaune after observing him in a black Kia driving erratically and traveling 35 mph in a 45 mph speed zone, according to the arrest report. The department had received a report earlier that a black Kia had been seen going the wrong way and had hit a curb, the arrest report states.

Eidsaune submitted to a field sobriety test but failed it. The arresting officer smelled “a strong odor of an unknown alcoholic beverage emanating from his breath and person,” the arrest report states.

Two breath samples that Eidsaune gave after being taken to the Henderson Detention Center registered his blood-alcohol content at 0.181 percent and 0.174 percent, the report says. The legal blood-alcohol limit in Nevada is 0.08 percent.

Eidsaune had no prior drunken driving arrests, according to the arrest report.

Neither Eidsaune nor AFMC commander Gen. Donald Hoffman commented on the case. Eidsaune did not reply to an e-mail sent to his Air Force address. His home telephone number is not listed. AFMC responded to questions through spokesman Ron Fry.

Eidsaune will not face a court martial, Fry said.

When asked whether Eidsaune had been disciplined, Fry would say only that “General Hoffman took actions as appropriate.” He refused to elaborate on what he meant by “actions.” Fry also declined to comment when asked why Hoffman gave Eidsaune a new assignment.

Chief of Staff Gen. Norton Schwartz knows of the arrest, said spokeswoman Lt. Col. Adriane Craig.

“Air Force leadership was aware of the situation regarding Major General Eidsaune and appropriate action was taken,” she said. “He is scheduled to change assignments this summer in a lateral move from one AFMC directorate to another.” The Air Force would have reviewed Eidsuane’s security clearance after his arrest but apparently did not change it since he received a new assignment, according to Eugene Fidell, a former judge advocate for the Coast Guard and now president of the National Institute of Military Justice, a Washington-based think tank affiliated with American University’s Washington College of Law.

Another military justice expert, retired Navy Cmdr. Philip Cave, surmised Eidsaune received either an Article 15, nonjudicial punishment or a letter of reprimand. He expressed surprise that Eidsaune received a new assignment so soon after his arrest.

“If this was a young enlisted man, they would be getting screwed,” said Cave, now a director of the National Institute of Military Justice. “In this day and age, I’m surprised he’s not going to be administratively separated.” Hoffman relieved the AFMC command chief, Chief Master Sgt. William Gurney, in November after Gurney was charged with 18 sex-related criminal counts stem*ming from allegations involving 10 female airmen. An Article 32 hearing for Gurney is scheduled to start May 26.

How on God's green Earth can a two-star get popped for a DUI and still remain in the AF complete with a full retirement? I understand the AF has changed...but its changed less for some than for others.

[AZwildcat]

How on God's green Earth can a two-star get popped for a DUI and still remain in the AF complete with a full retirement? I understand the AF has changed...but its changed less for some than for others.

Too big to fail...

Edited April 22, 2010 by AZbrian

[Spoo]

He'll be out on his ass in six months.

[Guest Crew Report]

Different spanks for different ranks.

[dmeg130]

At least he saved the government money by renting a Kia.

[Gas Man]

This guy sounds like the type that knows how to party!

[Guest Rubber_Side_Down]

This guy sounds like the type that knows how to party!

Nice.

[Guest Okawner]

It was doing 35 in a 45 that did him in. Unless you're 69 years old, doing less than the speed limit in the middle of the night is a dead giveaway.

[Dupe]

He'll be out on his ass in six months.

Probably, but he'll also probably be allowed to keep his retirement. I'm pretty sure that the Air Force won't really punish him...he'll simply not be allowed to advance. I think the only justice will be what the State of Nevada dishes out. I hope I'm wrong.

[pawnman]

He'll be out on his ass in six months.

Collecting full retirement pay and with no other administrative action.

[itsokimapilot]

Probably, but he'll also probably be allowed to keep his retirement. I'm pretty sure that the Air Force won't really punish him...he'll simply not be allowed to advance. I think the only justice will be what the State of Nevada dishes out. I hope I'm wrong.

I’m not condoning the punitive actions against flag officers. Has anyone here known anyone kicked out of UPT for a DUI or any other formal school? That is a career/dream ender for many, even if they get to continue their military career. I would argue that the 4-star he reports to thinks ending his career is punishment enough.

[Spoo]

Probably, but he'll also probably be allowed to keep his retirement. I'm pretty sure that the Air Force won't really punish him...he'll simply not be allowed to advance. I think the only justice will be what the State of Nevada dishes out. I hope I'm wrong.

He'll probably get some form of nonjudicial punishment and will not advance further. I think that's pretty much AF standard, for any rank. However, I've never heard of anybody losing their retirement over a DUI, and I know at least a couple guys with 20+ years who've been "popped" for DUIs (they weren't Generals). Perhaps you can provide some examples.

The more I think about it, if you're young enough, a DUI isn't the career-ender like it is when you're an E-6/O-4 or above.

Collecting full retirement pay...

Just like everyone else who gets a DUI past 20 years of service (see above).

...and with no other administrative action.

Except not getting another star and probably retiring earlier than he had planned. What do you want to do to him? You're right, after 32 years of service he deserves to lose his retirement, forfeit his rank, and spend some time in Leavenworth thinking about where it all went wrong.

Edited April 22, 2010 by Spoo

[Guest]

He'll probably get some form of nonjudicial punishment and will not advance further. I think that's pretty much AF standard, for any rank. However, I've never heard of anybody losing their retirement over a DUI, and I know at least a couple guys past 20 years who've been "popped" for DUIs (they weren't Generals). Perhaps you can provide some examples.

The more I think about it, if you're young enough, a DUI isn't the career-ender like it is when you're an E-6/O-4 or above.

Just like everyone else who gets a DUI past 20 years of service (see above).

Except not getting another star and probably retiring earlier than he had planned. What do you want to do to him? You're right, after 32 years of service he deserves to lose his retirement, forfeit his rank, and spend some time in Leavenworth thinking about where it all went wrong.

2

[StoleIt]

DUI is definitly a career ender for a UPT stud. You lose your slot and right now the AF is in a big personel cutting spree they will force shape you out without hesitation (already happening to dudes who SIE out of UPT or IFS).

[B*D*A]

DUI is definitly a career ender for a UPT stud. You lose your slot and right now the AF is in a big personel cutting spree they will force shape you out without hesitation (already happening to dudes who SIE out of UPT or IFS).

When that stud got a DUI at IFS a few years ago, they even kicked his pax out of the AF.

[Spoo]

Ok, UPT studs and AFSCs being force-shaped notwithstanding, what I said holds true.

[Napoleon_Tanerite]

1. He has not been convicted of any crime in a court of law, civilian OR military, and should not be punished until he either pleads guilty or is convicted. I think it's absolute BULLSHIT how you can literally be kicked OUT of the Air Force before even going to trial, sounds pretty damn unconstitutional to me, but I digress.

2. I've seen DUIs end plenty of careers, but generally the ending of the career is about it. Rarely if ever does a dude lose rank in the process. If the MG has 32 good years, show him the door and give him all he's earned in his 32 years of otherwise honorable service.

[addict]

What are the chances he'll be retiring at a lower pay-grade, like B.Gen? You don't need to be convicted of anything for that kind of "punishment."

https://www.af.mil/information/bios/bio.asp?bioID=7831

Edited April 22, 2010 by addict

[tunes]

I’m not condoning the punitive actions against flag officers. Has anyone here known anyone kicked out of UPT for a DUI or any other formal school? That is a career/dream ender for many, even if they get to continue their military career. I would argue that the 4-star he reports to thinks ending his career is punishment enough.

Guy in my UPT class got kicked out for DUI...

[HeloDude]

1. He has not been convicted of any crime in a court of law, civilian OR military, and should not be punished until he either pleads guilty or is convicted. I think it's absolute BULLSHIT how you can literally be kicked OUT of the Air Force before even going to trial, sounds pretty damn unconstitutional to me, but I digress.

I think you need to study up on the UCMJ my friend. Unless I'm mistaken, you can not be 'legally' punished in the Air Force unless you are found guilty in a court martial or you ACCEPT an Article 15 from your CC, which is 'Non-Judicial' punishment. Thus, this Gen or anyone else for that matter, will not be punished until such a process has taken place.

As for being kicked out of the AF, that is not punishment. The Air Force 'force shaped' and separated how many thousands of E's and O's a few years ago and are getting ready to do the same thing this time around. If the Air Force has to give the boot to someone to get their numbers right, it only makes sense to get rid of the trouble makers first.

[Clayton Bigsby]

1. He has not been convicted of any crime in a court of law, civilian OR military, and should not be punished until he either pleads guilty or is convicted. I think it's absolute BULLSHIT how you can literally be kicked OUT of the Air Force before even going to trial, sounds pretty damn unconstitutional to me, but I digress.

Happens elsewhere in US Gov't service besides the military - for probational employees in my line of work, a charge is enough to halt your training and process you to the unemployment line.

[pawnman]

He'll probably get some form of nonjudicial punishment and will not advance further. I think that's pretty much AF standard, for any rank. However, I've never heard of anybody losing their retirement over a DUI, and I know at least a couple guys with 20+ years who've been "popped" for DUIs (they weren't Generals). Perhaps you can provide some examples.

The more I think about it, if you're young enough, a DUI isn't the career-ender like it is when you're an E-6/O-4 or above.

Just like everyone else who gets a DUI past 20 years of service (see above).

Except not getting another star and probably retiring earlier than he had planned. What do you want to do to him? You're right, after 32 years of service he deserves to lose his retirement, forfeit his rank, and spend some time in Leavenworth thinking about where it all went wrong.

I think, if the Air Force wants to turn this into the big deal they claim it is, yes. He shouldn't just be allowed to retire after a DUI. We'd pull stripes off a SSgt who did this, but this 2-star will retire at a rank most of us will never see, and that's supposed to be "punishment"? This guy is going to make more on his retirement pay than I make deploying 6 month out of every 18 and that's "punishment"? And he's likely going to use his buddy-buddy connections to land a plush contracting job with a six-figure salary on top of it?

This guy is not being punished, but then, why would we expect any different?

[BattleRattle]

Based on his bio, he's served as a commander/commandant of some entity at least 6 times, including at the squadron, group and wing levels. It would be interesting to see how many people have been punished by him for the exact same crime. There has to be a base press release/blotter article with a quote from him talking about how dangerous DUIs are and how one of those is enough to end a career.

In all reality, I'm not surprised at the (lack of) punishment he is receiving--we've seen it time and time again with people who wear stars.

[B*D*A]

RHIP

[Guest]

You guys seriously want to take his retirement pay away?

WTFO?