Legal Question in Military Law in Louisiana

Contract for military enlistment for 18year old

My son is trying to get into Marines, he was all set to go then found out he had failed the drug test. Positive for marij.

Had to wait 45 days, took drug test again, waited 10 more days now we are told by recruiter, he must have passed it, the only information the recruiter can get is now we are waiting on a waiver of some sort, the recruiter is told this by his boss.

Can he be refused for failing the 1st drug test, like no chance ever again, even if a second drug test is passed?

Also shouldn't we be given some sort of contract when enlisting, stating the conditions, benefits ect.

Thanks,

Jeremys Mom


Asked on 10/01/03, 10:16 am

1 Answer from Attorneys
Not Available

Re: Contract for military enlistment for 18year old

Dear Jeremy's Mom:

I am a retired career Navy JAG attorney and was a military judge for the Marine Corps and Navy prior to retirement, so I am quite familiar with the questions you pose.

Generally speaking, anytime an applicant discloses past drug use or is positive on a drug test at application for enlistment he is initialy rejected for service. HOWEVER, a waiver is possible and is usually granted for personal use of marijuana (sometimes called "experimentation". ) If you son disclosed or had a conviction for someting more serious such as distribution of drugs, he would not be eligible for a waiver. The Marine Recruiting supervisor makes the decision regarding waiver based on USMC policy. The problem could be if your son filled out the application saying "I never used drugs" and then tests positive - he looks untruthful up front.

As to your second issue - he absolutely should get a written contract when enlisting - it will be several pages long along with disclosures. Routine benefits of military life available to all active duty are not listed in the contract(e.g. free medical, exchange shopping, 30 days leave, life insurance etc). But any promises nade specifically to your son must be provided in writing. For example - guaranteed to go to a specialized school, or be stationed at a certain location, or perform a certain type of duty, or receive a pay bonus - all of these must be in writing.

The enlistment contract is a complex document - he must understand it completely. Recruiters are under a lot of pressure to make their quotas and sometimes take shortcuts with applicants. Be sure your sone does not lie or fail to disclose anything no matter what the recruiter says - I have presided at several courts-martial trials for frudulent enlistment and recruiter misconduct

If you would like a more personalized review of your son's situation please call my office for a telephone consultation. The fee is $125 for 30 minutes.

Sincerely,

Judge Robert B. Wities (retired)

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Answered on 10/01/03, 12:12 pm


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