Legal Question in Military Law in United States

My husband popped on a drug test and although this is probably said a lot it wasn't his fault. He ate some food containing pot and he wasn't aware. The person that had the food was going to testify for him at CM if needed and later at the adsep board after the CM was dropped. His whole command had his back. This was over a year ago. His lawyer stopped answering his calls or calling him, the adsep board isn't even pending nor was it ever scheduled, and his command told him when his eas date comes he will get out with an honorable. His eas is now in 3 weeks and today he was called into regiment and told if he didn't take the other than honorable discharge he would be placed on legal hold awaiting adsep board. Is this possible if his adsep board isn't even pending? Or if it isn't even pending when his eas rolls around? Is this even possible at all?


Asked on 6/28/16, 8:17 am

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

They cannot hold your husband past his EAS for a possible adsep board. They can only hold him for a pending court-martial. It sounds like they are trying to bully or trick him into accepting an OTH. He should not do this. It sounds like they are just bluffing and that they should give him his Honorable Discharge. If they do anything other than that, it can be challenged and overturned.

I hope this has answered your question. If you have additional questions or need more information, you can contact me directly at [email protected] or (757) 420-9321.

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Answered on 6/28/16, 1:04 pm


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