Expert: Cynthia Bedell - 4/8/2010

Question
QUESTION: origional post:

Your Question was:

I am prior service and I have recieved an under honorable condition discharge from the military a few years ago due to cocaine in my system. I was not able to appeal it and they had out-processed me pretty quickly. I didn't recieve and type of benefits, medical assistance or help in getting a job. That is the least of my concern though. I didn't take the drug voluntarily. It was slipped in my drink at a party that i had attended with one of my fellow battlebuddies. I was 17 at the time. Wen I was told that I would be discharged from the military due to drugs being in my system I didn't know what they were talking about. I had before then never taken a drug in my life. I don't know what to do and no one is trying to hear my case. I getting to the end of the rope. I loved the military so much that i will give my life for it. It has been 4 years now and I am almost done trying. I fear that when that hope receeds then so will i. please help me!!!!

Following is the reason:

Dear Bradford --

I cannot answer your question, because your discharge description does not match an actual discharge classification.

Did you mean to say you got an "Other Than Honorable" (OTH) discharge?  The only more positive discharge options are a general discharge, a general discharge under honorable conditions or an honorable discharge.  With a re-entry code of 4 (RE 4) the military is saying "permanent disqualification from military service."  That would indicate fairly serious misconduct (taking drugs) and no ability to rehabilitate yourself.

Now, it's rare to be caught for cocaine because the evidence of cocaine use flushes out of your system very quickly.  That means that they had to test you within about 30 hours of use, maybe less.  So if you test positive for cocaine, the belief is you are so addicted you use it everyday, and that's why you got caught.

If you have any witnesses that will testify that you were slipped an illegal drug then you might be able to petition the Board of Military Corrections and get your discharge changed, or your service status reinstated.  However, if you were slipped the drug while you were drinking alcohol illegally (17 is definitely below any US legal drinking age), then you have a weaker case.  If you recently found out you were slipped the drug, then the time you have to petition the board begins when you got the new information.  There is a time limit to petition the board after your discharge, and at 4 years you have passed that time limit.  However, new pertinent information re-starts your clock.

Please write back, if you would like the website for petitioning the board.  You will have to tell me which service discharged you.

Good luck to you.


That was the origional post.......

I do have a general under honorable condition discharge. It was a chapter 14-12c (misconduct). This is what had happened, I had attended the party with several friends as a little get together... there were adults present as there were children. We had nothing to drink but punch sparkling water and some other drink, I dont remember (non- alcoholic). One of the women there had had her eyes on me for some time and I had mine on her, but to tell you the truth growing up with just a mom had me a little skeptical towards women when it came to things like that. She had served me a punch and I had drank it thinking nothing of it till 3 mins later. My face had begun to feel numb and I had started to feel good then we went to the room. I thought that I was just sick ... I was weirded out to tell you the truth. I swear on everything that it was my first time. The next day six hours later, my battalion had a random uranalysis. Talk about a coincedent. Two days ago from today my friend that had thrown the party called me and we were talking. He had finally worked up the courage to tell me that he was in the kitchen when she had poured drugs into my drink talking about she was going to get hers tonight. To tell you the truth I was taken advantage of and I have been trying to get back in ever since. Believe me women can be very deceitful, and cunning also (no offense). I also want the website so I can get the process started.

ANSWER: Dear Bradford --

You may petition the Board for Military Corrections.  You will need a sworn statement from your friend testifying to what he told you and to when he told you.  However, different services have different boards and different processes.  In order to provide you the correct web site concerning the petition process, I need to know which service discharged you.

Please write back and let me know.

Regards,


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

QUESTION: I was enlisted in the army

Answer
Dear Bradford --

Here is the web site link to the guidance on how to petition the Army Board for Corrections of Military Records:

http://arba.army.pentagon.mil/documents/ABCMR%20Applications%20Guide%202005.pdf

There is a lot of information there.  Please be sure to follow the process accurately. You do not want your case thrown out because you did not follow the published process.

There are some lawyers who will take on a case like yours pro bono and help you build your petition package.

Please write back, if you have additional questions.  I'm glad to help where I can.