Legal Question in Military Law in Colorado

characterization of service

I self-referred to asap for alcohol and counseling. During the course of treatment I was awaiting approval for more counseling at an Intensive Outpatien Treatment facility. While waiting I got into a heated arguement with spouse which led to drinking and drug use. I have never tested hot in my military term which is 16months. So I went back to ASAP and informed them of my actions. They had me do a UA which I informed of drugs use and came back positive. Two hours later my command was informed and proceeded with a UA of their own. I was read a article 15 sought help from JAG which told me I didnt have a case just hope for the best! I ended up with 45 days extra duty and a 2nd chance. Now my commander is pushing a Chapter 14. I went back to JAG spoke with same E5 and he acted like I didnt tell him I was enrolled in ASAP and that couldve dismissed my article 15. I have done 42 days of my extra duty and he said its to late for appeal. What do I do where do I start. I am facing a Chapt. that I have investigated on and believe my situation falls under Limited Use Policy. Which can help me with my characterization of service. I since injured my back while training for deployment and scared I wont get any help afterwards? Please Help....


Asked on 3/14/09, 1:59 am

1 Answer from Attorneys
Philip D. Cave Military Law & Justice

Re: characterization of service

1. You do an appeal. You request a set-aside, which can be done up until 4 - 6 months after the NJP. True, you've missed your five days, but give it a shot. Every now and again you win one.

2. You must contest your discharge. As part of that "contest" you must show that you are not eligible for discharge because the NJP is wrong. True they will try to tell you that you can't do that. But, do it. Again, occasionally you can win, not always and it's hard.

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Answered on 3/14/09, 3:51 am


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