Legal Question in Military Law in California

This has been happening a lot lately. http://www.stripes.com/critics-fort-carson-policy-targeted-troubled-wounded-soldiers-1.160871

I think a court-martial is too much if you've deployed and have been diagnosed with having PTSD. Normally, a one time positive UA is handled with an Article 15 and possibly a Chapter 14. They are probably preferring charges, so they can then offer you a Chapter 10 and separate you more quickly. You should be given the opportunity to get a MED board.

Steve

Stephen P. Karns

Attorney at Law

www.usmilitarylawyer.com

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Usually this type of case does not go to a court-martial and is handled at a lower level. However, although it seems harsh, you should anticipate a court-martial and discuss your case with a defense counsel who can inform you of your options. It may be that the command really does not want to take this to a court-martial, but is using this as leverage to try to get you to agree to something they really want (discharge, waivers, etc). If you are consulting with an attorney, you can be better informed as to your options and whether to accept or reject any offers they may make. You should also be seeking medical treatment for any and all issues you may have and make sure you have a complete list of all meds you have been taking to see if they could account for the urinalysis result. You should also push for a medical board to assess your medical condition and issues.

There are a lot of potential issues and only an attorney competent in military cases can fully advise you about what you should do. You can speak to someone from TDS or a civilian who has military experience, but make sure they have experience not only with courts-martial and discharge proceedings, but also PEB issues.

I hope this has helped. Please feel free to contact me directly at [email protected] or (757) 420-9321 if you have any additional questions.