Expert: Jason Grabill - 10/14/2009

Question
My son is an Infantry Marine.  His first deployment was a MEU and upon return, while home on leave, apparently celebrated too much.  This was mid-way through his 4-year enlistment, he tested positive for marijuana.  Even though he didn't remember doing it, he accepted responsibility for his mistake and was court martialed (served 30 days in brig, lost his rank and pay)for this first and only offense.  Afterwards, he was recommended to stay by his Command; request went all the way to the top where Division finalized decision to retain him.  He had a spotless record prior to this offense.  Because of the court martial, he knew he could not re-enlist, but he worked double-time, trying to prove the USMC and himself that he was still honorable.  He served as team leader and filled in for his squad leader while he was in school for 3 weeks at 29 Palms.  He worked non-stop trying to be the best Marine he could be and it did not go unnoticed.  As a result, he was nominated for a Navy and Marine Achievement Medal, which will, hopefully, appear on his MOS in February.  While at Ft. Pickett training, he received a Meritorious Mast for his service.  During his enlistment, he served on 2 deployments (the MEU before the offense and Iraq afterwards.)  Most recently he voluntarily asked to extend to go with his unit on the next deployment to Afghanistan.  He was highly recommended by his Captain and Command to do. His EAS date is 10/20/09, same approximate date of next deployment.  Two weeks before his unit returned from CA to go on block leave, word came down from Quanico they no one (including the 40 other Marines requesting same) would be extended.  Therefore, our son hurriedly went through the normal separation process as his EAS date is 10/20/09, as I said.  With his unit getting ready to leave, it was not easy, but he was able to complete the process.  By the way, his final Pros/Cons were all 4.8's and previous to that 4.7's.  He was not flagged at the time of his discharge and had regained part of his rank back to PFC and was scheduled to be promoted back to LCPL November 1st, had he been allowed to extend.  His 11060 listed his discharge as Honorable but at final checkout, he was given a General Under Honorable Discharge.  The Gunny there told him it was automatic because of the drug pop.  He's devastated...we're devastated.  The one benefit he was counting on - the GI bill - is now denied to him.  He's home on terminal leave now until 10/20, and then will officially be out of the Marines (don't know what his IRR (?)status is) but we are already headed to a lawyer to talk about upgrading his discharge to Honorable.  We believe it was unfair because it was based on a single, isolated incident.  What do you think his chances are for an upgrade and is it too soon to start the process? By the way, his Squad Ldr (Sgt), Staff Sgt,CO and two other fellow Infantry Marines are all writing character letters of support as we speak -this in the process of preparing to deploy - they are amazing!)

Thank you for your time and thank you for your service.

Sincerely,
Robyn

Answer
Robyn:

 I checked my previous answers and didn't see what I thought was my answer to you.  I apologize for the delay.

 I'm wondering, first, why your son got a courtmartial on what should have been a simple Article 15 "office hours" offense.  That doesn't make any sense to me, unless he got some bad advice and was told to go that route.  If it was a 'hot' urine test he should have just taken the Article 15.  Now, it would appear, he may have a felony on his record.  That's going to be an issue for sure.

 The General under honorable sounds basically correct, but I'm not 100 percent on that.  I believe, in some cases, and esp. this one, it shouldn't be a GoH but rather an honorable discharge if it is only the one offense.  However, if he was given brig time and a bust to private, like I'm suspecting, this was somehow turned into a felony rather than a misdemeanor.  

 There is something you are not being told here.  On the one hand, your son sounds like a 'stellar' Marine, high pro/cons, medals, etc etc.  On the other, his command nailed him to the wall for what is normally a serious, but minor, offense that's usually handled with restriction and a loss of rank, NOT brig time.  Something isn't adding up.

 He may, or may NOT, lose GI bill benefits.  I'd tend to think 'not', since a General (Under honorable) means just that, it's one step below an Honorable, but conditions are still listed as 'honorable'.  I would check with a local VA representative if I were you to find out exactly what he rates, or does not, based on this type of discharge.  They are the 'duty experts' who do this every day.

 Jason