MY SON WAS ON LEAVE AND HE ATE SOMETHING WITH DRUGS... HE WAS SICK AND REPORTED TO A NEW STATION EARLY. TESTED POSITIVE NOW GETTING KICKED OUT. IN LESS THE 4 YEARS HE RAKED UP TO SECOND CLASS PETTY OFFICER WITH NO NEGITIVE MARKS ON HIS RECORDS. NEED HELP
State/Country relating to question: Washington
HE IS ALL ALONE IN THIS STATE. THEY TOLD HIM THAT HE CAN GET AN ATTORNEY TO FIGHT THIS MATTER TODAY. HE IS WAITING FOR A CALL FROM AN ATTORNEY.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.Has your son son gone to a Court Martial? OR to Captains Mast? Or do you know?
they have not had much to say to him. this has been happening since tuesday. today they brought him papers to sign and told him he can get an attorney.
Thank youHe needs a lawyer. And the Navy may provide one for him...it really depends on what the Navy intends to do.If they intend to kick him out with an "other than honorable" conditions Discharge, then they are required, by law, to provide him with a layer and a hearing. But if they want to kick him out with a "honorable conditions" discharge, they are not required to provide a hearing or a lawyer.He should read the papers carefully...that will show him what is going to happen.Regardless, he should hire a lawyer. The lawyer provided by the military can help him...but if this was a mistake (he did not use Drugs on purpose) an experienced lawyer who understands military law can assist.
the answer was something I already knew and I needed to elaborate on an answer and was unable.
I note you provided a negative rating. Not sure why...I provided accurate information. If you have more questions please feel free to ask.
how? I had no way of asking more. Well, he has not been court martial or captains mast. they want to release him honorble discharge, but he would like his GI bill. he reinlisted before he left japan in May and reported to his new station early in june so he could get settled he is 22 years of age and feel isolated from the navy now. know one is helping him.
Understand. And as I mention, since they are releasing him with an honorable conditions discharge he does not rate a hearing or a lawyer. He can hire a lawyer. But he should understand the landscape. If they are releasing him with an honorable conditions discharge, the final decision (the decision on whether to separate or not) is up to the "separation authority"This is the Admiral in his chain of command. His recourse (his due process) is to submit matters in writing to the separation authority. The separation authority will consider any evidence he submits. And a lawyer can help...if he hires a lawyer, they can help him assemble the "package" to present to the Admiral, stating his case.This would typically included statements from folks who know him well (letters of support), as well as other evidence that they can obtain (for example, if there is evidence that someone "slipped him this drug" and he can get a statement from that person, that can help.He can also draft a statement to the admiral.It is not easy...since he does not get a hearing, he has to put everything on paperBut I have had some luck with cases like this...so it is possible.But if he wants to fight this, he would do best to have a local attorney help him with the submission.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).