I am an Army National Guard Specialist who tested positive for a urinalysis test for marijuana.?

Question

My commander wrote a letter of recommendation to keep me in. I recently emailed him letting him know that I believe a general discharge would be an adequate punhisment and I would like to leave. My commander told me that I would not be discharged in the near future.

I would like to know if he has a right to say this and keep me in the military. Does any have experience with anything similar?

These tests stand for a purpose and he has ignored them.

Answer 1

I'm afraid that you're out of luck so far.

With the military's zero-tolerance policy, yes, a discharge would be called for. But with the problems the military is having keeping qualified personal, commanders are giving a lot more leeway.

(I can remember when having a single marijuana seed found in your stuff could send you to Fort Leavenworth.)

Your commander has several options available: Article 15 (non-judicial punishment) or general court martial.

The former can bust you in rank, penalize your pay for a period or simply assign you punishment duties. In the worst case, he or she can start the ball rolling to have you declared "unfit for military service" resulting in an honorable or general discharge.

The latter can include any of the above in addition to prison time.

The process your commander chooses will depend on his or her personal feelings towards marijuana use, the needs of the military and your overall military record.

My gut feeling is that you are intentionally trying to get thrown out of the reserves so testing positive was intentional.

Depending on your record and the needs of your unit, what you did may not be enough to accomplish your goal. Your commander may also see what you're trying to accomplish and refuse to play the game.

Answer 2

people are dumb the military is a joke nowadays, especially if your in the guard..im in the same boat as you except I've been in 3 years already went to afghanistan (as a dismount with a metal detector stepping over live I.E.D.s for a job) and have been dealing with a lot of stress, not what i think is PTSD at all because i can control my actions, but i believe all the stress i have comes from the fact I'm still in the military and its a complete joke nowadays, no ******* organization, hardly any respect for higher ups, and generally just nothing coming out of it other than some benefits it feels more like its just slowing down my process of getting my real life started...what do those benefits mean when staying in is making me stress daily even when I'm in-between drills. I JOINED STRICTLY TO SERVE SITTING ON MY *** AT AN ARMORY ONE WEEKEND A MONTH IS NOT ******* SERVING. as far as I'm concerned if u have done a tour you should be let out, if not u should be kept in till u do, and if ur scared to you should have never joined. I've always been on top for the lower enlisted in my unit, conduct wise and all around i never get in trouble, never show up late, never disrespect never fail pt, and because i deal with stress by smoking a little organic plant that comes naturally from the earth I'm labeled a drug abuser, misconduct, and i automatically lose my security clearance, now the choice is mine leave the unit I've spent half my enlistment with to be demoted and restart from the bottom, re class and take drug classes in between drills or take my chances with a discharge? i don't know what kind ill get but I'm really thinking about getting out now and saving myself the next 3 years of bullshit with the army..anybody wants to hate on what i just said **** you your probably some slick sleeve pussy that thinks its completely fine to drink alcohol everyday because the law says its legal even though its responsible for countless deaths a year but you won't touch pot, a completely harmless and potentially healing drug just because the law tells you its wrong, stop being the governments little bitches and do what you want, the military isn't patriotic like it used to be, its about the politics so don't feel dishonorable if they label you that way, they are the ones that should be ashamed they just follow what the old ***** above them tell them what to do not what is morally right for our country...enough venting

Answer 3

Uh-boy... You really don't want a discharge under less than honorable conditions.. That's liable to pop back up at the worst possible moments, and it follows you to the grave. Your best first move is to sit down and honestly talk to your CO about your situation with the classes and see if something can be worked out. If you can get it worked out and then "keep your nose clean" and be squared away for the rest of your time you may have some hope. Other than that, dunno' what to tell you.. That's the most expensive weed you ever smoked...

Answer 4

He has every right to keep you in. An Article 15 is an acceptable punishment according to the regs. Not many people get out of the Army for failing a drug test. Most just get the Article 15 and then sent to ASAP (Army Substance Abuse Program). If you really want out that bad then I would go talk to JAG. Hope this helped.

Answer 5

Yes, your commander can retain you as a soldier. Rarely are soldiers in the army national guard discharged for THC positive UA results. Your commander will advise you to seek counseling, and if you refuse, it is possible that he/she will discharge you. You will lose your security clearance if you have one. You will be flagged and be ineligible for promotion, schools, and awards until you complete your rehabilitation and the battalion commander reviews your company commanders reccomendations. Soon after that, your flag will be lifted and you can continue your career in the military. I would recommend that you call a state JAG officer and discuss your options with them.

Answer 6

If the commander feels that you deserve a second chance (and why I am not sure as it is clear you have no interest in staying or concern for the others in your unit or you wouldn't use), you will continue to serve in the gaurds. Now, if it continues to happen, you can be assured you will be discharged, but not with a general. You would be looking at a dishonarable discharge and possible criminal charges.

Answer 7

Personally, I'd like to see you stripped of all rank and insignia before the entire unit then given a bad conduct discharge to deal with the rest of your life.

You had the balls to tell the commander what YOU thought the appropriate punishment should be? HA! That's rich.

You just figured that you had to do actual work to wear that snazzy looking uniform to impress the girls and when that didn't work you, you intentionally smoked dope to be thrown out.

Yes, you should be put out but not on your terms. My son is serving in Iraq as I write this and has been through hell most of the time he's been there while you can't handle duty at a stateside Guard unit.

Pretty pitiful of you. Your mama should be so proud.

Answer 8

You made a committment, now you want out.
You are a quitter, plain and simple. Keeping you in and riding your tail would be a much worse punishment than a general discharge.
Look on the bright side. Straighen yourself out and you will some day be the proud owner of an honorable dischange.
That is, if there's any honor in you.

Answer 9

ARs (army regulations) explicitly spell out ALL actions which may or must be taken in regard to ANY event...so it's simply a matter of finding the relevant AR:

http://www.hqda.army.mil/library/m.htm

Answer 10

Why do you want to abandon your fellow Guards men are you afraid to fight for your country?? If so I have ONE question that needs to be answered by You; Why in the Hell did you join the Military if you don't want to fight for Our Great Country???

Vet-USAF