Expert: MARK A. HOWELL - 4/25/2009

Question
QUESTION: My son called today and told me he failed his urinalysis. He is in the last year of a 6 year enlistment. He has had a perfect career so far, no reprimands or any problems, however had a terrible divorce 2 years ago and is working 70 hours a week, rotating shifts. He is lonely and depressed. Will they force him out? Does he have any options? His Senior Chief asked him if he could speak for him at the MAST. Can he appeal a General Discharge? I am worried for his mental health. He also has to have surgery and move out of his house to another house in the middle of all of this since his lease is up and they want to sell the house. They have been working short handed for over 2 years at his station. He is an OS.
thanks for any advice. Worried MOM

ANSWER: Diane,
I hate to add to your worries but it is possible they will discharge him.  But then again it's not mandatory.

For one thing, it depends on the substance he tested positive for.
If it's marijuana and not a "hard" drug like cocaine, he may get off with just mild punishment.  Hard drug use will almost always get a person discharged.

Also, a lot depends upon his commander.  A good commander will take into consideration all the circumstances you described, plus things like, if he had a prior offense or civilian record of drug use, and other mitigating factors, and then decide what type of punishment to seek.  Each punishment carries different types of penalties.  It can range from extra duty/restriction to discharge.  Sometimes a first offender will get a reduction in rank (usually one stripe) and a monetary fine.

An ambivalent commander will not want to mess with him and discharge him.  Sad, but true.

The military has a Zero Tolerance for drug use, so if he does get  discharged it will be under Other Than Honorable conditions.

He will be given the opportunity to seek legal advice from the USCG JAG. By all means, he should do so.  His JAG attorney will advise him of his rights and the punishment limitations of what is being sought.  The attorney is free, and although it sounds contradictory, his/her job is to fight the military in favor of your son to see that he gets the minimum punishment possible.

Tell him to definitely ask for legal counsel (lawyer).  Believe me, the military has heard every story and excuse in the book so only a lawyer will know how to plead his case.

I wish him well.
Colonel H





---------- FOLLOW-UP ----------

QUESTION: Thanks so much for the info. At this point discharge would be ok, since he has been under so much stress at the job. HIs goal is to go to college and would hope for an honorable discharge so he can go to school. He only has one year of his enlistment left. Marijuana was the problem. Two of his peers were just convicted of DUI and they didn't get discharged. Seems unfair.
Thank you again. His father is a retired Lt. Col. (AF)...

Answer
Diane,
DUI is a lot less serious, so it's not surprising they got off lightly.

Since your son's offence is just marijuana he may get off lightly.  But if he is discharged, it can't be Honorable, regulations say it must be under Other Than Honorable conditions.

Let's hope for the best!
Colonel H