Expert: Cynthia Bedell - 4/19/2009

Question
I am going on my third year of my first enlistment contract in the Army Reserves. Recently I decided to take a trip out to Colorado where some of my friends live. I decided to drink heavily one night and with that came the stupid decision to smoke some marijuana. About a week later I received a drug test. I am worried that I will get discharged from the military. I have had 2.5 good years on my contract and never missed a drill before or gotten any "U"'s. What can I expect from my commander? Will he discharge me or demote me? And I also have heard that only a small amount of the samples are actually tested. About 15-20 people were tested so is it possible that I could luck out and not get tested? Thanks for your time.

Answer
Dear Jeff --

It is likely all samples taken from your unit will be tested.  Marijuana evidence stays in your fat cells for at least 30 days.

I cannot predict what your commander will do.  In some units the Brigade commander holds all drug punishments at his level.  In others it's at the company level.  Others, the battalion level.

If you hold a leadership rank, you are likely to at least lose a stripe and even be chaptered out.  Drug abuse amongst NCOs is usually severely punished.

If you are a specialist or lower, you are likely to get one more chance.  Listen to what your commander offers you.  If it is a Chapter 15 non-judicial punishment, and will remain a unit level punishment (not go in your official file) then you are being given a second chance.  You should go talk to you JAG lawyer, and tell him or her what you told me.  

Likely they will tell you to accept the punishment, and explain to the commander that you have already learned from your mistake.  Also explain that such a transgression will never happen again.

It's tough seeing old friends whose standards are now far different than yours.  Be very cautious of getting drunk -- as you have discovered, drunken decisions are generally very poor decisions.

Please write back, if you have additional questions.  Good luck to you.