Legal Question in Military Law in California

upgrading discharge
In 2001 I tested positive for drug use and separation proceedings were begun for discharge from the army reserves. I chose a board hearing because I knew the test was a false as I was not a drug user. A couple months later my lawyer discovered that the testing lab had screwed the sample up and it was a false positive. By that point, I was beyond disillusioned with the military. I had been soldier of the cycle in basic training, soldier of the year for my company and gone on several deployments, incl. Kosovo. But I felt the military took too much w/out giving enough back. By that point, I just wanted out so I could finish school in peace and didn't care how. I know, stupid. So I ditched further proceedings and I received an OTH discharge. Beyond stupid. Well, that was years ago. Since then I earned my BA, then earned a Fulbright Scholarship and am now in a prestigious law school. I have a strong desire to enter into public service - what drew me to the military initially - and I want to become a DA or a PD. I feel certain that my discharge will prevent that and I am wondering what the possibilities are for upgrading my discharge or if that discharge will prevent me from this type of government job altogether.

Asked on 2/10/09, 11:54 pm

Philip D. Cave Military Law & Justice

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Re: upgrading discharge

Understand your frustration.

You will have to apply to the Army Discharge Review Board. You are within your 15 statute of limitations.

If you have the documentation on the drug lab that would be awesome. Tripler or Fort Meade?

Answered on 2/11/09, 12:02 am

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