Expert: Jason Grabill - 11/11/2009

Question
One of my associates recently popped on a piss test and tried to fight the charges but lost in a court martial. Because she wanted to fight an investigation was conducted and was revealed that I had taking drugs with her during my first enlistment (I recieved an honorable discharge and am currently in my second enlistment).I confessed to this behavior that was committed when I was a LCpl but I am now currently a Sgt. Of course because of drug usage I was processed even though the time was not verified at which I committed this offense. The command went off the statement date that was given at my present rank. I know longer associate with any of those Marines, have no bad record, and went to CSSAC and they conformed that this was an isolated event for me when I was a LCpl and recommended me fit for duty. My command doesnt know the enitre story and are giving me page 11's for unacceptable behavior for a Sgt and recommendation the I recieve a RE-4B on my re-enlistment even though I served my first term honorably. The CO that was in charge when this case was brought forth is replaced by my new CO that has been in charge for 2 months. He also recommended on another page 11 that i be non rec for 18months for something that occured when I was a LCpl. I am not saying that I am in the right but I didnt commit these acts as a Sgt. I havent denied I was not guilty but I did tried this 3 years ago in prior enlistment and have never popped on piss test and have never been in trouble for anything. What can I do about this situation?

Answer
Deb;

  Hmmmm....I sure never would have admitted doing anything in the first place, since you incriminated yourself by doing so.  However, at this point, since they are not doing a courtmartial or anything of the sort, this is going to be difficult to fight, it's all 'administrative'.  It also sounds jacked up, since the events occurred on a prior enlistment.   I was under the impression that prior minor 'bad acts', committed on a previous enlistment, were not chargeable or able to be held against you, since you were discharged.  I could be wrong.

 I think it would be worth it at this point to talk to a JAG lawyer and explain the situation, and go from there.   I've never heard of your situation before, where the Marine wasn't charged criminally but is being penalized for something that occurred on a prior enlistment, administratively.    JAG should be able to give you some better advice at this point than I can.

Jason