Expert: Rod Powers - 3/20/2007

Question
My son is in boot camp in the Navy and was charged with "failure to report" which involved several recruits trying to sell Vicodan.  My son was asked if he wanted any and he said no, but because he didn't report it to his commander he is being sent home.  He has received the same punishment as the ones selling the drugs.  He was told at first that he would probably only get sent back a couple of weeks and graduate late.  Now, after meeting with the commander he is being sent home (in about 3 weeks), but can reenlist in 6 months.  Does this seem right

Answer
Hi Kristine,

Yes, it is "right."

In civilian life, whether or not (or how) a criminal offense is prosecuted is up to the District Attorney (DA).

In the Military, this decision is made by the Commanding Officer, with advice from the local JAG (Judge Advocate General).

Your Son violated Article 92 of the Uniform Code of Miltary Justice (see: http://usmilitary.about.com/od/punitivearticles/a/mcm92.htm), as I can guarantee there would be a local regulation at his basic training location which would *require* him to report offenses under the UCMJ or regulations.

Think of it this way -- he could have been court-martialed for this offense (which -- as you can see, could have resulted in military prison time of two years.

Instead, the commanding officer decided to let it go with an administrative discharge (very generous of him/her). As he's been told he could possible come back in in six months, I would guess the commander decided to impose an "entry level" discharge, with an RE (Reenlistment Eligibility Code) of "3." That means he has the possibility of re-enlisting, after a waiting time, if the Navy decides to grant him a waiver.

While I don't have access to the records, my best guess is that the ones who were selling the Vicodan won't be so lucky. While the Navy may have decided not to prosecute, for court-martial purposes, I'm betting their discharge characterization and RE Code will be such where they won't be allowed to re-join the military.

Hope this helps!

Rod Powers
http://usmilitary.about.com