Careers: Military--Army, Navy, Airforce, Marines, Coast Guard/Possible unlawfull discharge

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Expert: Rod Powers - 11/4/2007


Question
Rod,
My name is Edward and I was discharged from the U.S. Navy in 2005 for drinking 2 beers while in the Substance Abuse Rehab Program. I know I wasn't suppose to drink while I was in the program. But after being out for awhile, a couple of friends informed me that I should get back in since they was for sure I was discharged unlawfully. The whole story is I was a self-referred case with no prior Alcohol incidences. I was discharged with a General Discharge Under Honorable Conditions with the RE-4, which states and can not reenlist again. But, my friends informed that a self-referral can not be discharge for only having two drinks and the Medical Officer on the base, on the day of my discharge informed me that I did not fail the program and that "this is why I wanted to be here, to see what triggers my drinking". I really want to get back in since I had 11yr in and was an E-6. The question I need to know is, are my friends correct about this situation(I was a self-referral NOT command referral and since the only person allowed to state that I was an Alcohol Rehab Failure was the Medical Officer at SARP and NOT the Commanding Officer at the Command that I was TAD at ,could discharge me without a captains mast or court Martial? I have looked all over the web for the regulations for this but I couldn't find anything about it.

Answer
Hi Edward,

What does your DD Form 214 (Record of Military Service) say for the "reason for discharge?"

Does it say you were discharged due to failure in the Alcohol Rehabilitation Program?

It doesn't require a court-martial, or a Captain's Mast for discharge. It simply requires procedures under the Administrative Discharge Procedures (see: http://usmilitary.about.com/od/justicelawlegislation/l/aadischarge1.htm).

As you had more than six years of service, you should have been given the option of presenting your case to a discharge board.

For more information about the United States Military, feel free to visit my U.S. Military information site at: http://usmilitary.about.com

Hope this helps!

Rod Powers
http://usmilitary.about.com

Careers: Military--Army, Navy, Airforce, Marines, Coast Guard

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Rod Powers

Expertise

Rod Powers is considered one of the premire experts about U.S. Military career information on the planet. He has more than 30,000 articles about U.S. Military career information on the About.com U.S. Military Careers Information website at: http://usmilitary.about.com. Additionally, he is the author of "ASVAB for Dummies," "ASVAB AFQT for Dummies," (available in Dec 2009), and "Veteran Benefits for Dummies," all published by Wiley Publishing. He is also the author of "Barrons' Guide to Officer Candidate School Tests," published by Barron's Educational Series.

Experience

Rod Powers is a retired Air Force first sergeant, with 23 years of active duty service, 11 of those years as an Air Force First Sergeant. He has helped thousands of military members, recruits, and military applicants since he took over the About.com U.S Military Careers Information site in 1999. He has a reputation for "telling it like it is," so questions may not be answered based on "what you want to hear," but will be answered based of the bast available information, concerning the service/situation.

Education/Credentials
Rod is a distinguished graduate of the Air Force Noncommissioned Officers Academy, the Air Force Senior Noncommissioned Officer Academy, and the Air Force First Sergeant Academy. He also holds an Associates Degree in Personnel Administration from the Community College of the Air Force (CCAF).

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