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psimmons, Military Lawyer
Category: Military Law
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Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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I have just returned from a 6 month deployment to Iraq where

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I have just returned from a 6 month deployment to Iraq where I served honorably, receiving the Joint Service Achievment Award and Junior Performer of the month award. The war there is now over, and my chain of command told me that there is no chance that they will let me deploy to afghanistan, which I took in disgust. After returing from Iraq i went on leave and smoked marijuana and took xanax. I get off of leave in a couple of days and I do not want to spent the last 4 years of my contract on base doing paperwork and landscape duty. What is by best course of action and fasted way to be discharged? Just fail the drug test and hope for a general/ Honorable discharge. Should I enroll in the Army Substance Abuse Program, fail that and hopefully get recommended for seperation or would that be the same as just failing a drug test in the first place. Is there any way I could apply for a harship dishcarge. My father died of cancer a couple of years ago, my grandfather had a stroke, and the only family I have left is my mother and brother. Would that qualify? What advice would you recommend. What is the best chance that I will receive an honorable discharge under any of the above or unmentioned circumstances?

Submitted: 1 year ago.
Category: Military Law
Expert:  psimmons replied 1 year ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Man, I sure would not flirt with a drug test failure to get out. That would be a huge risk of being discharged with an OTH discharge...and that is something that will stick with you for the rest of your life

What you describe does not qualify for a hardship discharge.

I would finish your contract...if you are kicked out early for misconduct with an OTH not only do you loose VA benefits, you will have a tough time qualifying for most jobs...and in this economy? That is the last thing you need.

Customer: replied 1 year ago.

In your personal experience have you ever seen other circumstances in which service members have recieved an honorable discharge for other than being overweight, injury, or pregnancy?

Expert:  psimmons replied 1 year ago.

Rarely. You can ask your command for a "good of the service" discharge. I have seen that on occasion for kids who need to get out. But you would need to get your commander to support you. It is not something you can actually request, like with a hardship discharge. But a commander could process you for it "for the food of the service"



psimmons, Military Lawyer
Category: Military Law
Positive Feedback: 97.9 %
Satisfied Customers: 23544
Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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