Legal Question in Military Law in North Carolina
my husband is getting a dishonorable discharge from the marines.
What all does a dishonorable discharge
mean? They said this was his 3rd njp
but he was only aware of one before
this one. He really doesn't want to be
out of the marine corps but it seems
like we have no choice, but we would
like to know if there is any way this
can be changed to something not as
bad. Because from what I understand
this will prevent him from getting a job
out side the military. Would he ever be
able to join another branch of service?
he basically showed positive on a drug
test. This was a complete mistake on
his part which he understands. He was
told by his brother that a pill he took
was an energy pill and was obviously
not. He deeply regrets this and wanted
another chance. We want to see what
our options are. We have a family to
look after and it's just gonna be
unachievable if he is no longer to work.
Please help we need to know what can
be done.
1 Answer from Attorneys
Re: my husband is getting a dishonorable discharge from the marines.
If he did not know that the pill he took contained an illegal substance, he should not be punished for it. He can argue that he did not know what it contained and made an innocent mistake.
Even if he has several njp's, he cannot receive a dishonorable discharge. He could only receive an other than honorable discharge. There is not much practical difference between the two but you can only receive a DD from a general court-martial. The command would have to take him to an administrative discharge board where he could be represented by a lawyer and present evidence that he should not be separated at all or that he should get a better discharge. He has a right to such a hearing unless he gives it up. This is his chance to fight them trying to give him a bad discharge, especially if he did not intend to do anything wrong by taking the pill.
I hope this has answered your questions. Please feel free to contact me directly if you have any other questions.
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