Expert: Cynthia Bedell - 4/4/2010

Question
QUESTION: I tested positive on urynalysis, and was discharged. I received and re-4b, HKK1 from the Marine Corps. Is there any, any way at all that I could get back into the service. It was 5 years ago, and I am now in college, with no criminal record, besides the OTH from the marine corps.
Thank you

ANSWER: Dear David --

Right now none of the services are approving waivers for prior drug use for any enlistments or re-enlistments.

In order to get around the lack of waivers, you would have to have the board of military corrections completely overturn your prior findings and other-than-honorable discharge.  From the way you state your question, you are not contesting the discharge based on a positive urinalysis, therefor it is quite unlikely you have any evidence that would make the Naval Discharge Board or the Board for Correction of Naval Records overturn your OTH and give you an honorable discharge.

You can still petition the board to change your discharge characterization, if it was significantly more harsh than Marines with similar misconduct received in the same time period.

If you get your discharge characterization changed, you will have a better shot at returning to service, but you will still require waivers.  Re-enlisting for you, will be difficult at best.

Please write back, if you have further questions, or need information on the records correction process.





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

QUESTION: Thank you for the information regarding reenlistment. I do not contest that I am guilty of what I was accused of, however I do know that a couple of my buddies from the legal separation platoon were retained, even though they had more micrograms of illegal substance ( I believe thats the proper term) in their UA. The last thing I would want would be to be given and honorable discharge without having earned it, however would there be a chance if like you said, my punishment was more harsh than others who had been guilty of at least the same crime, yet were allowed to stay in. ( I am not trying to play a victim, I screwed up, and I am wholly responsible for this situation) but if there is even the slimest chance i will take it. Also, is it possible waivers would be accpeted in the future? has this been known to happen? I want to sincerly thank you for your expertise on this matter, It is greatly appreciated.
Thank you, David kritzer

Answer
Dear David --

If you can show that you were treated more harshly than others with the same transgression, then you should petition the board.  It doesn't matter that you were indeed guilty, it matters that you did not get the same consideration as the others.  If you do petition the board, you want the outcome to be either an honorable discharge, or reinstatement of service status.  

The only way you can re-enlist with a waiver for drug use, is if you have an honorable discharge.  

If you request a reinstatement of service status, relinquish any rights to pay and benefits for the time you have been out of the service.    

As I stated above, if waivers do become available, you will only be eligible for re-enlistment, if your discharge characterization has been changed to honorable.

Good luck to you.