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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26285
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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May have failed a Reserve drug test in February but have not

Customer Question

May have failed a Reserve drug test in February but have not heard anything as of April 5th. Missed March drill do to fractured foot, if I miss next weekend it will bring me to 9 missed for an admin sep. Would I have heard by now? What if I dont go AND fail the test, what could happen?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Sorry, not sure I understand...you mention missing drills, are they excused absences or unexcused absences?
Customer: replied 1 year ago.
To be honest I'm not sure, I called my Squad Leader the day before drill when I broke my foot and he said I can make it up, but I haven't yet nor have I had any communication since then.
Expert:  P. Simmons replied 1 year ago.
You have two separare issues here

If you fail the drug test? That would be a basis for the military to separate you administratively.

The second issue is failure to show up to drill. That is a separate basis for administrative separation.

So to answer your question, what if you do not go to drill AND you fail your test? Since either one, on their own, can be grounds for administrative separation, you can bet that the two combined would be grounds to separate. I would expect them to process you for separation...and they may attempt to give you an OTH discharge.

Before they can award an OTH, they have to give you the opportunity to have a hearing...they would typically mail you this notification. If you do not respond to the notice, you waive your rights to a hearing. If you demand a hearing, they will give you a hearing, in front of a board of officers who will decide if you should be separated from the military and if so, what the characterization of service should be

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26285
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and 2 other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much! That is a lot of help.

Expert:  P. Simmons replied 1 year ago.
You are welcome sir...best of luck with this mess

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