Expert: MARK A. HOWELL - 9/22/2009

Question
Three years ago my son was charged with a misdemeanor drug charge which he completed the diversion program.  Last January he was granted a waiver for this drug charge.  Before going to Jacksonville his Navy recruiter tested him for marijuana at their office and it was negative but he tested positive at MEPS.  He received a letter stating he could reapply for the Navy in 45 days. We have been trying for the past 3 months to get him approved by a commander to allow him to retest at MEPS.  Every branch of service has said no, they say due to economic times the stipulations of who they can take have become stricter. I have several questions; first several Navy recruiters have said he will never be accepted in the Navy due to testing positive at MEPS.  If this is true then why send out letter stating you can re-test in 45 days and be reconsidered?  Second, he was told by the Army and Marines to come back in October when the fiscal year starts.  They say their stipulations may change.  With your years of experience do you see that happening?  Third, would it help to write our senator and representative for help in this matter?  My son has realized his mistakes and knows he wants to serve.   He really needs to move on with his life if the military is never going to reconsider him.  Thanks in advance for your advice.

Answer
Marilyn,
You came to the right place.  It sounds like everybody is giving you a little piece of the right answer, but you need the whole, simple exact answer.

First of all, what happened between the Recruiter's drug test and the MEPS test?  Regardless, that's old news, you just need to ensure it doesn't happen again because he's only got one more chance.  He can indeed retest at the MEPS in 45 days, but he needs the Recruiter's approval to go to MEPS.  So if the Navy Recruiter isn't willing to work with him he'll have to go to another recruiter.  The reason you couldn't get approval to get back in is because the military is finishing up it's fiscal year and they've got all the recruits they need, therefore they're not giving waivers for anything.  October 1st begins the new fiscal year and the Recruiters will receive their new quotas.  After Oct 1, they'll be begging for recruits and will be more ready to work with him.

Writing your Congressman or Senator won't really help because he/she will only intervene if they see the government (military) is doing something wrong.  So far they haven't, only your son has done anything wrong.

So his best avenue is to go to another recruiter after Oct 1st and start over.  Show him the letter from MEPS saying he needs to retest.  I think he'll be fine.  It happens all the time.
I wish him well.
Colonel H