Legal Question in Military Law in Georgia

I've been in the army for 12yrs....9yrs of those were spent active duty.

I've never EVER had any black marks on my record period. NOTHING.

I took a drug test around May 15th, 2014.... Pcs'd to another post in June 2014.

Signed into my new post July 2014... Now in Aug 2014. I was called into CID, and was told that in May I failed my drug test with .19 thc.

I told them that there had to have been a mistake. They needed to retest me. They refused and said they were chaptering me out.

I love my career. I had planed on retiring after 20yrs.

How can they just kick me out, without any proof other than a piece of paper that is 3mths old?? I could've have failed that test!!! There is no way.


Asked on 8/09/14, 7:19 am

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

You need to demand a chapter to board to fight this. You can be represented by an attorney and present evidence that you did nothing wrong and should not be separated. A board of three, usually two officers and a senior enlisted, have to decide whether you used marijuana or not and should be separated. If they rule in your favor you cannot be separated.

Make sure you fight this. DO NOT waive or give up your right to demand this board. This is your best chance to prevent a discharge. Make sure your attorney is ready and willing to fight for you and can prove you did not and do not do drugs and should not be separated.

I hope this has helped. If you have more questions, please feel free to contact me directly at [email protected] or 757-420-9321.

Read more
Answered on 8/09/14, 9:33 am


Related Questions & Answers

More Military Law questions and answers in Georgia