Specifically, are there any loop holes (exceptions, special permissions) that would allow somebody that was enlisted, convicted at a general court martial of drug charges and then discharged with a dishonorable discharge, to EVER re-enter the military.
If you are one of those people who mistakenly believes that anybody who has ever been kicked out of the military is some kind of bad person that can't be trusted, please do not respond to this question. I am looking for a true answer.
What I am looking for is:
a: Who would need to be contacted?
b: Is it even possible (I am not saying it would be easy, I just want to know if it is POSSIBLE if the right person was convinced)?
c: Any information someone may have on this?
Thank you for any answers you can provide.
2007-08-30 14:59:20 · 8 answers · asked by tiffrn 1 in Politics & Government ➔ Military
well if you got access to jag call them becuase i believe you can reapply after six months.......but there was something you had to get before you could join again......the military is in a shortage
2007-08-30 16:11:36 · answer #1 · answered by Edgar R 4 · 0⤊ 0⤋
Each branch of the military has a Board For Correction of Records. That's who you have to make application to. But, you need a ton of evidence to show that the action of the court-martial panel was unfair and wrong. Given that an extensive pre-trail investigation is needed to even begin a General Court Martial (Article 32, UCMJ) and other provisions of the UCMJ are in place to ensure a fair trial by a "jury of ones' peers" (mandatory enlisted members on the panel), you would have to be able to refute the process and the sentence.
I know there have been military members who've received pardons from the President (acting in his capacity as Commander-In-Chief). But, I can't recall any Board of Corrections decision which overturned a Dishonorable Discharge awarded by conviction in a General Court-Martial. The Court of Military Appeals has reduced such sentences in the past. So has the convening authority in some cases. Honestly, I think the chances in this case are slim to none. So are your chances to ever re-enter the armed forces.
2007-08-31 00:26:12 · answer #2 · answered by desertviking_00 7 · 2⤊ 0⤋
I heard of this from a friend who was in the Army, but he didn't know many of the details as to how if even could it be done.
First I would go to the recruiter, and plead your case. They can usually help you get moving forward. I know the Army will begin to forgive people after a couple years of seperation if they moved on and improved there lives. Like going to college, trade school, or even moving on to gainfull employment. If you contact lawyers around Military bases they usually can help you find one who specializes in Military law. So you can try to get a re-trial or charges dropped so you can get re-enstated or even re-enlist.
Either way good luck friend, and don't ignore proving your better by doing something with your life.
2007-08-31 19:22:06 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I would talk to a recruiter and a lawyer to see if you may appeal the dishonorable discharge to see if it may be changed to maybe a general discharge. Time is on their side, if you could show what a good citizen you have been, over a period of time(working at a homeless shelter, volunteering etc.) you may have a good chance, but that won't erase what happened......
as far as wanting to re-enter the military ......I don't know about that.......
2007-08-30 22:09:27 · answer #4 · answered by lymanspond 5 · 2⤊ 0⤋
You can try to submit paper work to get it changed to an OTH, you would have to contact a meps station as to were you would send it. I have known people who have had their discharge changed for the better that were kicked out for drugs, however they did not go to court martial.They were are not trying to go back in. You got allot of work ahead you and I wish you the best of luck.
2007-08-30 22:52:32 · answer #5 · answered by Joe C 3 · 1⤊ 0⤋
sorry my husband is special forces and i just asked him and he said no...sorry
but i would think if you still wanted to try, you should plead your case to your senator.....maybe you could get the policy changed
perhaps if you completed a drug rehab program you could get some sort of sympathy
2007-08-30 22:03:01 · answer #6 · answered by sherrill 3 · 0⤊ 0⤋
If they threw you out, would they want you back? Unlikely.
2007-08-30 22:41:00 · answer #7 · answered by TedEx 7 · 0⤊ 0⤋
Yes,
Our Commander in Chief is a convicted cocaine user and spent time in judge-ordered rehab. He was supposed to be serving in the Texas Air National Guard at the time.
2007-08-30 22:04:46 · answer #8 · answered by GodWillDestroyTheWicked 2 · 2⤊ 7⤋