Expert: Cynthia Bedell - 4/2/2009

Question
QUESTION: Dear Cynthia,
My question is regarding my rights following an administrative seperation from the navy for use of marijuana. I have been in for two years as of this month, and so far i have had a flawless record. I have even recieved an early promotion on all my evaluations including a letter of commendation. I reported to my duty station and failed my UA and consequently am recieving an admin sep or OTH. During my captians mast i declined treatment, and realizing in the following weeks that it would look better for an outside job with treatment on my record. Upon realizing my mistake i talked to the command DAPA who contacted SARP. A senior chief there stated that they would not except me for treatment for the use of marijuana. All the being said, i was hoping you could help me out if you knew what my rights were in this matter. I also read somewhere that under an OTH, i am not authorized travel pay per milage back to my home town which is clear across the US. Anything regarding this matter will be greatly appreciated. Thank you

ANSWER: Dear Travis --

From the way your question is worded, I believe you used marijuana, got caught on a urinalysis and cannot contest the charges.

However, I am surprised that your command would separate you for one offense, unless you have reached at least a mid-level non-commissioned officer rank, and they have a zero tolerance policy for NCOs.

If you have had only this one offense, you should have had a hearing at the Captain's Mast.  You should have received some administrative punishment (extra training, loss of pay, demotion, etc), and been referred to drug and alcohol abuse counseling.  Once your punishment was over, you would likely be on a bar to re-enlistment during a probationary period until you had proved you had reformed.

Once through this period, you could earn your rank back, re-enlist, or depart the service with no black marks.

However, you declined treatment and accepted a separation under other than honorable conditions.  In the Army you cannot receive such a discharge without a Courts Martial approving authority reviewing your packet, and recommending such a discharge.  

I am trying to imagine what happened at your Captain's Mast that made them throw the entire UCMJ at you rather than just enough to make you change your ways.  It had to be more than the fact that you declined treatment, although declining treatment does indicate lack of remorse and disinclination to change your behavior.

If you thought smoking marijuana would be a good way to get out of your service contract early, you made a bad mistake.  It will probably be five years (or more) before you can clear your record and earn a security clearance.  No business that gives preference to military hiring will take you with an OTH discharge.

If you can appeal the separation and complete your tour you will be better off than if you take the OTH discharge.  Negatively characterized discharges are not automatically upgraded in six months.  That is a myth.  If you expect to get your discharge upgraded you will have to take extensive action with a Naval Review Board (http://www.nlgmltf.org/pdfs/DischargeUpgrade_Memo.pdf, http://www.donhq.navy.mil/corb/ndrb/ndrbmainpage1.htm or http://www.donhq.navy.mil/bcnr/bcnr.htm).

You should be authorized travel expenses to your home of record at time of enlistment.  That is the only location the military is required to move you.  If you wish to go anywhere else at separation, those expenses are yours to pay.

It is unfortunate you find yourself in these circumstances.  I wish you the best of luck finding a successful path forward.  Feel free to write back, if you have additional questions.




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

QUESTION: Dear Cynthia,
Had i had anything to do about my punishment, the last thing i wanted was to get kicked out. As a matter of fact, i had hoped on achieving my goals in the spec warfare community. This was all due to a very poor judgment on a night when i was out drinking with friends.

During my Captians Mast hearing, i explained this and my eagerness to continue my service to the best of my ability. However, the Navy has a zero tolerance policy for  everybody. I declined treatment because i am not nor have i ever been dependant on it, and i saw no reasson spending further resources or time for it.

so as i stand, i am awaiting for paper work to go through and spending time on restriction. i just wanted you to understand better my circumstances and express my gratitude for taking the time out for me. take care and thank you very much

Answer
Dear Travis --

I am sorry you currently serve under a no tolerance policy, as I have seen some young people make extraordinary self-improvement after an event like yours.

I recommend that you immediately petition for a change to the characterization of your discharge as soon as you get out.  Then in about a year's time, you could try to re-enlist, if you still wish to serve.  You might consider changing services, if you do, as the Army is more likely to give you a "morality waiver" than the services that are downsizing.  That increases your chance of a successful re-enlistment application.

Good luck to you.  I wish you well.