Legal Question in Military Law in Wyoming

military discharge

I am being discharged from the Air Force for drug use. the only thing is it was by accident. i know this sounds farfetched. i was sick at the time and my medicine was mixed up with my wife's. is there anything i can do to NOT be discharged?


Asked on 7/25/08, 7:26 pm

2 Answers from Attorneys

Philip D. Cave Military Law & Justice

Re: military discharge

Well to start with you should not waive any of your rights. You should attempt to contest the discharge every way possible.

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Answered on 7/25/08, 7:28 pm
William J. Holmes Attorney at Military Law

Re: military discharge

If you did not knowingly use an improper drug, then you should not be discharged for that. A mistake should not constitute a crime. Where are you at in the discharge process? Do you have the right to fight this at an administrative discharge board? If so, you can use this to present evidence that this was all a mistake with no intent to do anything wrong. As such, there should be no basis for a discharge. Demand a discharge board and fight it with your defense counsel.

I hope this has answered your question. Feel free to contact me if you have any additional questions.

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Answered on 7/29/08, 12:47 pm


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