Legal Question in Military Law in Michigan

No Unit transfer

My question and situation revolves around this: I was in the National Guard in the state of Kansas in 2001 and after the 911 attacks I volunteered for AGR duty at the armory for its protection. I served faithfully despite issues with not getting paid for well over a month. I went to the OIC and informed him that I was going to move home and I was just going to transfer to my old unit the day before I left. After I got moved back home I knew I had less than a month to establish a change in my status of what unit I was assigned to. So I get the ball moving. I get a call about two weeks after I made the initial contact with the company clerk who knew me previously from my last enlistment. Informed me that my old unit will not sign-off on the transfer. As it has it the reason was that I didn�t pass my drug test. I am like this isn�t correct and alarmed me instantly. I called the unit and I got nothing but crap from the first person who answered the phone and the First Sergeant wouldn�t even talk to me. I never would ever fail a drug test because I don�t do drugs didn�t do drugs and with my background and service record of being on drug testing teams and drug task force, I am without a doubt against illicit drug use. What do I do?


Asked on 2/28/06, 7:31 pm

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: No Unit transfer

Not sure what you can do about the transfer, but the drug test failure is probably for real. You should not talk to anyone about that, including giving any sort of explanation, or even a denial. You should do whatever they instruct you to do, like report back to your old unit or whatever is required. The drug test result could be a mistake, but you're going to have to resolve that before you do anything else.

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Answered on 2/28/06, 8:09 pm


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