Expert: Cynthia Bedell - 1/26/2010

Question
officer with over 2 yrs and during application to cross train asked if i tried marijuana
i said yes...but when i applied to ots my recruiter inferred only if i smoke4 regular...so i said no!
now i am being asked to waive my right since its been 2 yrs and accept article 15 instead of court martial...i have exemplary records with tour in kabul which i extended,good opr and no issues-my cc has had this for 2 mths and has deferred to adc ???i am feeling uncomfortable with the level of punishment and handling of incident??i wanted to make a career out of the service but am frustrated- any advice??
p.s. initially i tried pot two times in college 5 yrs before applying- no drug use

Answer
Dear BBB --

Why is your unit really trying to get rid of you?  It is very rare for a unit to bring up a fraudulent enlistment charge for someone that has had excellent service.  However, if you are constantly getting in minor trouble, they may be choosing this as the easiest way to ensure you leave the Army at the end of this tour.

In some units all drug and alcohol abuse punishments are referred to Division because of local command guidance.  This ensures all cases within the Division get the same level of scrutiny.  Since your case is an unusual one (officer charged, alleged drug abuse prior to enlistment, etc) your commander needed to develop a thorough case before referring it to Division.  However, that does not mean the case against you is airtight.

If you are not a habitual troublemaker, you have never been a habitual user, and your last use was brief experimentation during college five years ago, you are unlikely to be found guilty of fraudulent enlistment.  Under these circumstances, I would request a courts martial and decline the Article 15.  Understand that there is a risk that you get a Courts Martial Decision Authority that is a real straight arrow and the fact that you used in college will always be held against you.  But you may also get CMDA that understands college age thinking and experimentation, weighs in your good service and the fact that recruiters often ask questions to get the answer they want to hear, and you will be found not guilty.

Finally, take your copy of the charge packet and go see your Judge Advocate General (JAG) NOW!  You need to understand the risks you are taking under each scenario (accept Article 15, request courts martial, request special courts martial, request "rehabilitative" transfer to new unit with no admission of guilt, etc.)  You must weight all the risks with the possible benefits before you choose what route to take.

I also recommend talking to a fellow officer that you trust, and get an honest assessment of how you are viewed by your peers.  If it is positive, you should definitely fight for your career.  However, if your peers have a negative view of you and your leadership, you should do some soul searching about whether a military career is really meant for you.

Please write back, if you have other questions or concerns.  Thank you for your service and best of luck to you with this issue.