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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26345
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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If I stop going to Oregon drill for the national guard what

Customer Question

If I stop going to Oregon drill for the national guard what will happen? Will they just issue me an article 15?
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.

They may or may not run Art 15.

But if you stop attending what they will do is separate you administratively. They will do so with an "other than honorable" conditions discharge.

They will give you notice of this...and the chance to attend a hearing to present your case. But if you stop going, it is likely you would receive an OTH discharge.

Such a discharge would preclude you from obtaining veterans benefits for your time with the guard and could impact your ability for some jobs in the future

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26345
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.
If they did issue me an art 15 what would happen? As is do they ever arrest people in the guard for stopping drill?
Expert:  P. Simmons replied 1 year ago.
Arrest?

No...just a bad discharge. No arrest...no jail..but a bad discharge is not a good thing...it can harm your ability to get employment.
Customer: replied 1 year ago.
The state of Oregon can't do anything ? Like my commander couldnt issue a warrant for me? I just don't want to face any jail time...
Expert:  P. Simmons replied 1 year ago.
For not going to drill?

No.

Now...if there are deployment orders and you do not deploy? That is a different story. In such case you could be arrested for missing movement.

But for missing drill weekends? No...they can not issue a warrant for that...they will simply discharge you with a poor discharge.
Customer: replied 1 year ago.
No deployment orders so I'm good. Just at coming up.
Expert:  P. Simmons replied 1 year ago.
Again, what you describe if you do not attend they will separate you with a bad discharge, but it will not lead to jail time
Customer: replied 1 year ago.
Same goes for annual training right? I have been reading so many different things that can happen if uou go "AWOL" from the guard as in you will get arrested and picked up. I believe you, you're a lawyer, but I'm just checking out all options. I have at coming up and I wanted to make sure it's the same as drills.
Expert:  P. Simmons replied 1 year ago.
In theory they could arrest you for missing drill if you are ordered to duty. In practice that never happens.
Customer: replied 1 year ago.
One more question. I have a drug problem and they know. I went to rehab recently buy left early and relapsed. I have drill coming up this weekend and if I fail my drug test ( which is for heroin) what will happen? Will they discharge me or could they retain me or arrest me? What are the options they hold? I need serious help as In a long stay rehab. Is it different for failing a drug test for more serious substances ? Heroin opposed to weed....or Is failing failing
Expert:  P. Simmons replied 1 year ago.
Heroin is more serious than marijuana.

They would most likely process you out administratively. IT is not likely they will arrest you. In order to arrest you and court martial you they would have to prove you used during drill..which is why they will simply discharge you administratively, with an other than honorable conditions discharge
Customer: replied 1 year ago.
Thank you. When you say that heroin is more serious than weed... In what ways? Are the disciplinary actions different for heroin?
Expert:  P. Simmons replied 1 year ago.
Yes. Max punishment for smoking weed is 2 years in jail. It is 5 years for heroin.

Not that you will go to jail...but the max punishment is higher.

And the perception is that it is a more serious drug. Heroin possession is a felony in OR, weed is a minor misdemeanor...

Customer: replied 1 year ago.
What do u mean max punishment is 5 years?! When does that actually happen? Have you even seen a guardsmen go to jail over failing a ua for something other that weed?
Expert:  P. Simmons replied 1 year ago.
No...that is why I said you will not go to jail...but you asked which is worse...clearly heroin is...
Customer: replied 1 year ago.
When you said In order for them to court martial me they would have to prove I
Used during drill so that means if I say hypotheticaly I used after the drill day was over I'm
In the clear. So basically they would have to catch me with drugs or actually using to punish me? If I tested positive during annual training say mid way through annual training it's still the same... Admin separation.
Expert:  P. Simmons replied 1 year ago.
No....that is different. If you tested positive in the middle of at, they could decide to court martial you.

Again it is the commanders decision on how to resolve this. It is he or she that decides how to adjudicate this matter.
Customer: replied 1 year ago.
If say she did court martial
Me what would be the type of court martial and how often have you seen the reserves/ national guard court martial someone ? Is it very common ?
Customer: replied 1 year ago.
I forgot to mention I missed annual training so I'm just making it up with the active guard people. I don't have to stay for 2 weeks and I get to go home every night . They just gave me orders for 2 weeks but yet I have not received anything. Does that change anything? As In with the court martial
Expert:  P. Simmons replied 1 year ago.
Ma'am

I am going to opt out and allow others to assist if they can. I am not sure I can provide you any new information

I wish you the best of luck with this.

Customer: replied 1 year ago.
Gee thanks

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