Legal Question in Administrative Law in New York

Limited Use Policy

I plead gulity to wrongful use of a controlled substance (cocaine) and making a false official statement on August 12, 2005 during my summary courtmartial trial by members. I was reduced to an E-3, sentenced to 60 days hard labor without confinement and forfeiture of $1093.00 for one month. Throughout the legal process, I was enrolled in an outpatient rehab program with subsequent relapses. The unit command obtained a warrant to obtain a hair sample based on my ''positive urinalysis'' during my drug rehab. This goes against the ''Limited Use Policy'' in using this information towards disciplinary action or in determination of characterization for separation. The prosecutor for the government could not charge me for wrongful use during rehab treatment, but threaghtened to courtmartial me for perjury if I didn't accept an ''Other Than Honorable Discharge''. According to the military Drug and Alcohol policy, if I am catagorized as a rehab failure, I am entitled to a general discharge. In addition, the Limited Use Policy protects me from the command using my treatment information to determine my characterization of discharge. What can I do to take action against my command for blackmail.


Asked on 3/12/06, 3:45 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Limited Use Policy

This is a military law question and a civilian law expert is not qualified.

There are many civilians who are knowledgable as well as assistance available within the military.

Good luck.

Read more
Answered on 3/13/06, 2:55 pm
Arnold Nager Arnold H. Nager, Esquire

Re: Limited Use Policy

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your question is one of military law, not administrative law. It has been some years since I worked in JAG, however my sense is you need to appeal the sentence of the court's martial,or the unit commander, possibly to COMA (Court of Military Appeals) You seem quite knowledgable and may even be able to file your appeal pro-se. Be aware that there are strict time limits in order to be able to appeal. Good luck.

Read more
Answered on 3/13/06, 2:56 pm


Related Questions & Answers

More Administrative Law questions and answers in New York