I'm an NCO in the National Guard. Recently I attended a concert and got high. We ended up taking a urinalysis a week later. I've received an unoffical word that my test came back hot, but have to wait until next drill to find out what's going to happen. I'm expecting they'll kick me out (no second chance for NCOs), but a little concerned on just how far they may take this... Any comments, or suggestions?
State/Country relating to question: New York
I cannot say for certain what your unit will do.You are correct however that they are likely to take a hard-line against you because you are an NCO.I would caution you not to make any statements (or anymore statements) about this situation. The less evidence and confessions they have the better.I would assume you've been flagged.It will depend also on the drug involved and what your nanogram level is reported as.Another factor will be whether you were "alone" or with other Guard members, especially members junior to you who would be "influenced" by you.I have seen some cases dealt with by Article 15, and the person allowed to stay. Those are rare cases where the person had extraordinary support and a stellar record. Other cases I've seen Article 15, and then processing for an OTH administrative elimination for drug Abuse.I know of one case some years ago with the 99th RSC where they prosecuted an E-6 at court-martial, but it was a nightmare case for them in terms of administrative hassle.Generally the tack is Article 15 followed by OTH.Sincerely.
I am unfimiliar with the term OTH administrative elimination. I'm am assuming this will go down as a dishonorable. Is getting a dishonorable from the national guard not on title 10 the same as if I was active duty?
The term OTH stands for Other Than Honorable Conditions Discharge.It is not a Dishonorable Discharge. A DD only comes from conviction at a general court-martial.
33 years military law experience.
Sorry, after I asked the question I realized "other than honorable".. But thank you, XXXXX XXXXX give piece of mind that all my previous active duties days won't be effected by a final rewrite of my DD.
No problem.Here is -- I think --- the current rules in NYNG for misconduct actions that might affect you.At least that what's on the official web-site.SIncerely.
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