If I were the PAS (Think AF ROTC Commander at the detachment) I would not "deny" him the opportunity to better himself and prove himself worthy of "our" trust.
HOWEVER...his choice to willfully violate the law would make me VERY doubtful of his possessing the essential qualities of self discipline, judgment, and trustworthiness.
Of course (as you would probably point out) I should also take into account his age...young college "kids" typically do silly things, things that are considered "okay" or "cool" with their peers but are minor legal deviations.
But then again I think of the young SrA, age 19 (if I remember correctly) whose court martial I sat as a board member on, that was arrested for:
a. Underage drinking
b. D&D (drunk and disorderly)
c. Resisting arrest
b. Assault & Battery
This came from a "weekend party" with his friends on base. It got a little loud, the military police were summoned, they spoke with everyone, this kid was drunk, got a bit mouthy, it escalated a bit, and he was ultimately arrested after an altercation with the AF military police.
Care to guess how the Air Force looked at this?
1. Uniform Code of Military Justice (UCMJ) Article 134-13
a. Drunk & Disorderly, Bringing Discredit to the AF: maximum punishment is 6 months confinement
2. UCMJ Article 92
a. Failure to Obey Order or Regulation: maximum punishment is a Dishonorable Discharge, 2 years confinement, total forfeitures of all pay and allowances
3. UCMJ Article 95
a. Resistance, Flight, Breach of Arrest, Escape: maximum punishment is Bad Conduct Discharge, 1 year confinement, total forfeitures
4. UCMJ Article 128
a. Assault consummated by Battery: maximum punishment from all aspects is Dishonorable Discharge, total forfeitures, 5 years confinement
Those are the charges I remember. I had to look up the articles, I simply remember the charge sheet. There may have been a couple more for my memory seems to recall something like 6 charges total.
Remember, this "kid" if I remember correctly was all of 19, maybe 20. The prosecutor wanted him destroyed. "Dishonorable Discharge and something like 1 year in prison" was the request, again, if memory serves.
If this happened at "City University" he'd get a misdemeanor ticket and perhaps a few hundred dollars in fines and community service.
This young man, who by all reports was an excellent worker, progressing well in his job, becoming the "go to guy" in his squadron, was instead court martialed and given a Bad Conduct Discharge (BCD) and several months confinement.
Unlike a Dishonerable Discharge, the BCD I do not believe is treated as a felony conviction, HOWEVER it is a PUNITIVE discharge and you lose your Veterans Benefits. And...try explaining a BCD on every one of your job applications in the future. Want to be a lawyer? Check the state bar to see if this will automatically disqualify you, for LIFE.
So you see, I would hold your friend to a VERY high standard to earn my trust, and my recommendation that he be considered for a commission. It would NOT be an unattainable goal, but he would have to PROVE to me that he was worthy.
Just my $1.50 worth.
Steve, Lt Col, USAFR
DLOD, AZ