Legal Question in Military Law in North Dakota

Re: Retirement

Much will depend upon his record, e.g., does he have any disciplinary history during his career, how experienced of an attorney he has, and how his "command" views him. If he is court-martialed - and the goal should be to avoid that if at all possible - he very well could lose his entire retirement plus go to jail.

One problem is that prior to taking the urinalysis, they are asked IF they have taken any drugs, prescription or otherwise. If he said "no," they will then generally add a charge of making a "False Official Statement" which, depending on your son's rank, if he's an Officer or Senior NCO, may be a more serious charge.

He needs a proactive lawyer who can start campaigning on his behalf sooner, versus later. Once the prosecutorial ball gets rolling, it's VERY difficult to stop.

This is a non-secure forum, so if you want more information, please email me privately.

Good luck to you both,

Don Rehkopf

[email protected]

Re: Retirement

Just because your son has qualified for retirement does not automatically mean that he will still receive it. Based on the urinalysis testing, his command could take various actions against him. Hopefully, they will not make much of it and not do anything too severe. However, if they believe he was improperly using drugs, he could be given nonjudicial punishment or possibly even a court-martial or action to try to discharge. If this happens, he could face possible jail time and/or a bad discharge which could deprive him of his retirement. Hopefully, it will not come to this, but he should consult with an attorney about his options and likely consequences before making any statements or making any decisions about how to proceed.

I hope this has helped. If you or your son have any further questions, please feel free to contact me directly.

Re: Retirement

And keep in mind that even if court-martialed and allowed to retire, his retirement check will be based on any reduced rank. 10 U.S. Code 1047.

And if he is not court-martialed and reduced, he may still face a grade-reductuion board.