Legal Question in Military Law in Texas

Army Reserve positive drug test.

If a sample returns positive for cocaine for a member of the Army reserves, can they be court marshaled? The member took a drug test at weekend drill and it was deployment related. Also, the member quit attending drill and is now an unsatisfactory participant. They have already been recommended for other than honorable discharge for the drugs. Will these two offenses result in a court marshal? Or just discharge?


Asked on 12/11/08, 12:38 am

1 Answer from Attorneys
Scot Sikes Law Offices of Scot Sikes

Re: Army Reserve positive drug test.

The short answer is "Yes", the SM can be court-martialed. However, you rarely see the Reserves go that route due to the tremendous logistical challenges associated with ordering the SM to active duty for purposes of court-martial, honing in on an active duty post to handle said court-martial, etc. In the instant case, if the unit is already underway with administrative separation (i.e., chapter), that's likley the manner it will play out.

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Answered on 12/11/08, 5:38 am


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