Expert: Aaron Shifferly - 6/10/2009

Question
My son came home on two months ago and met up with old friends and smoked pot. Upon return to base tested hot. The discharge paperwork was begin immediately. He was sent to classes and spoke with a counselor and has been back to work. He has been told that his paperwork was sent back to his unit and he still is unsure of what will happen. All others that tested hot have lost rank and have had extra duty. My son has been told nothing. It has been 5-6 weeks since the process has been started, how much longer do we have to wait for word on what will happen?

Answer
Ma'am:
Here's the long answer. Standard Army procedure is to process all positive drug tests for separation from the military.  They are required to do this, but not to actually separate from service; that is the Brigade Commander's decision.  The other thing that is probably happening to him is he's being processed for punishment under Article 15, UCMJ. This is an administrative punishment that is given probably by his Battalion Commander (Field Grade Officer) and could result in the maximum punishment of: forfeiture of 1/2 month's pay for 2 months, reduction to E1 (assuming he's E4 or below), 45 days restriction, and 45 days extra duty.  This takes a while as it is reviewed by legal for sufficient justification to punish him.  They generally wait until the toxicology reports on his urine are finalized to ensure all is happening.  I've just given you what most likely will happen and it really has no specific timetable for finishing.  There are other options for the commander to punish him ranging from no punishment (very unlikely) to general courts martial under Article 112 of the UCMJ (trial and prison).  I will be happy to clarify any of these should you want more information.