positive urinalysis?

Question

i have been in active duty infantry for 3 years...i just tested positive for marijuana in a 100% urinalysis....in todays army...can they give me a bad conduct dishonorable discharge for my first offense?

Answer 1

The previous answers about E-4 and below not being separated only applied before 2001 or so (I believe that was when the policy changes were made). After that (and currently), all active duty military personnel that are found to have used drugs will be subject to mandatory removal. Since you did not self-refer yourself, you won't be getting any leniency.

According to the Army's Drug Regulations (600-85 dated 24 March 2006), you will be removed from active service within 30 days of the date that you tested positive for marijuana or within 30 days after being court-martialed.

Section 1-35
The following provisions underscore the Army’s policy that drug abuse will not be tolerated and that there are serious
consequences for such misbehavior.
a. All Soldiers, to include ARNG and USAR Soldiers ordered to AD, under Title 10 U.S. Code, who are identified
as drug abusers, without exception, will—
(1) Be referred to the ASAP counseling center for screening.
(a) Nondependent drug users will be enrolled in the ASAP if such enrollment is clinically recommended and the
unit commander concurs.
(b) Soldiers diagnosed as drug dependent should be detoxified and given appropriate medical treatment. These
Soldiers generally do not have potential for continued military service and should not be retained. These Soldiers will
be referred to a VA hospital or a civilian program by the ASAP clinician to continue (or to initiate) their treatment.
(2) Be considered for disciplinary action under the UCMJ, as appropriate.
(3) Be processed for administrative separation in accordance with the appropriate enlisted or officer separation
regulation with the exception of self-referrals (see para 6-4e of this regulation). Administrative separation will be
initiated and processed to the separation authority for decision on any Soldier with a positive drug test that could not
have resulted from legitimate medical use of a drug. Processing will be initiated within 30 calendar days of receipt of a
positive drug test report or if the case requires MRO review, within 30 calendar days of receipt of the MRO-verified
positive drug test report. In cases where the chain of command has referred the matter to a trial by court-martial,
administrative separation proceedings will be delayed until the completion of the court-martial process.
b. Discharge for misconduct under the appropriate enlisted or officer regulation will be initiated and processed to the
separation authority for all Soldiers involved in illegal trafficking, distribution, possession, use, or sale of illegal drugs.
Soldiers will also be considered for disciplinary action under the UCMJ, consistent with Chapter 6, of AR 600-85 and
Rule for Courts-martial 306, MCM. Initiation of administrative separation proceedings is not required in those
instances where charges have been referred to a court-martial empowered to adjudge a punitive discharge, or when
drug use is discovered through self-referral (see para 6-4e, AR 600-85).

Answer 2

A Bad Conduct Discharge can only be awarded from conviction by a Special Court Martial. A Dishonorable Discharge can only be awarded from conviction by a General Court Martial. I doubt they will go the General Court Martial route unless they find you in possession of enough marijuana to make you a dealer. But, a Special Court Martial is not out of the limits of probability.

Answer 3

Most likely you will recieve an OTH, lose all your benefits, and move on with your life. All those lifers who are in the military, well that is all they know, and I have seen a lot of lifers who after they retire, can't get a job, cause they are brain-washed by the military, with all that yes sir, no sir, can I give you a BJ sir, crap. They have taken orders for 20 years, and can't make a decision on there own, also they are not really retired, cause most vets still have to work after there so called retirement. I am sure that if you really wanted to be in the Army, you wouldn't have smoked, but it was an easy way for you to go, and it got the job done. Like someone stated early, that it is his army, well good for him, let him have it. There are plenty of jobs out there that will hire you, good luck.

Answer 4

YES!

its "soldiers" like you who give the rest of us a bad name.

apparently words like Honor & Duty are not something you believe in.

if i were your squad leader i would make sure i used every resource at my disposal to throw you out of my army and make room for those of us who want to be here.

remember that MGIB you had? well its a memory now!

Answer 5

E-4 or below they will offer drug counseling 1st offence
E-5 or above your out. your discharge type will depend
on many factors.
put it behind you and get on with your life
Cheers

Answer 6

Good! I am glad you got caught. There is not room for drug users in our military. You will be recommended for separation and will receive an OTH and lose all your Veteran benefits. Good riddens.

Answer 7

NCO's usually get the boot, lower enlisted will get a break depending on your past record.

Answer 8

doubt you'll be put out.But you'll get an AR-15 lose some money ,rank, and extra duty. hope you learn from it.

Answer 9

Too bad don't ask don't tell doesn't count with that!?! You may get an administrative punishment, lose stripes & salary. Or you may get the boot.