Legal Question in Military Law in Oklahoma

My son is stationed in Okinawa Japan is was on a non war deployment in the Philippines and got drunk one night while he was there and asked a Philippino for a cigarette and they apparently gave him some marijuana without him knowing that is what is was. When he returned back to Okinawa last week he had to do a drug test along with everyone else and his came back positive with marijuana being in his system and thats when he figured out that the cigarette he asked for was apparently marijuana. Now the Marines is giving him a dishonorable discharge. I am disappointed in what he did but does this action really constitute a dishonorable discharge? Is there anything he can do?


Asked on 5/03/11, 6:16 pm

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

Yes, he can fight the discharge. He probably isn't getting a dishonorable discharge because that can only be awarded at a general court-martial which is a full criminal trial. He probably is looking at an other than honorable discharge which is still a bad discharge but which can be awarded administratively. However, before this can happen, your son has the right to have a hearing before an administrative discharge board. He can be represented by an attorney and present evidence. He should definitely fight this because in order to commit a crime of using marijuana, he had to know he was injesting it and intended to do so. In his case, if he did not know it was marijuana, there was no knowledge or intent and he should not be punished or discharged. He and his attorney need to fight this.

I hope this information helps. If you have additional questions, please feel free to contact me directly at [email protected] or (757) 420-9321.

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Answered on 5/04/11, 6:26 am


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