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PhilCave
PhilCave, Lawyer
Category: Military Law
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Experience:  33 years military law experience.
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is a failed drug test in the national guard other than honorable

Resolved Question:

is a failed drug test in the national guard other than honorable or dishonorable discharge
Submitted: 5 years ago.
Category: Military Law
Expert:  PhilCave replied 5 years ago.
It will not be a dishonorable. The only way to receive such a discharge is by general court-martial. Except for the Air Force, none of the services prosecute a single specification failed urinalysis at general court-martial.

However, there are procedures for misconduct "Chapters" including for drug abuse and serious offense. Whether that's what happens will depend on number of factors: the type of drug, the nanogram level, the reliability of the collection procedures at the time of the test, any chain of custody issues, and the occassinal program at the laboratory.

The types of discharges could be Honorable, General under honorable, Other Than Honorable.

Customer: replied 5 years ago.
coccaine and weed dont know anything else.   
Expert:  PhilCave replied 5 years ago.
Huum. Then you can expect they will want to do an Article 15 at your next drill or AT. And then I'd expect them to seek to Chapter you out for drug abuse with an OTH.

Are you on Title 10 orders? That might change things a little?
Customer: replied 5 years ago.
it was 10 years ago.     Im looking to purchase a firearm and realizing my past may be catching up to me. funny how that works
Expert:  PhilCave replied 5 years ago.
No it's not a dishonorable.
It's not a bar to owning a firearm, because it has to be a dishonorable discharge.
Check your state rules on drugs and firearms.

Here's what VA says for example:

Are you an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any controlled substance? The Federal Gun Control Act defines an addicted person, or unlawful user, as a person who has a conviction for use or possession of a controlled substance within the past year or persons found through a drug test to use a controlled substance unlawfully, provided that the test was administered within the past year.

So even under that you should be good to go.
PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1064
Experience: 33 years military law experience.
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PhilCave
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