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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18811
Experience:  Lawyer and current JAG officer.
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I will be getting my final discharge papers next week, including

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I will be getting my final discharge papers next week, including my DD214. I will be done, no leave....done and out the door. This morning I had to take a UA, a random UA. I pretty sure I will pop hot but the results won't be here for a few weeks and I will be a civilian by then. Is there anything the Army can do?

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

 

Yes, they can force you back onto active duty and court martial you. That's the worst they can do.

 

Now, will they do that? Almost certainly not. It takes too long, requires much to much effort and probably won't bother. Most likely though they'll work to have your characterization of service changed, which they can attempt even without your presence.

Customer: replied 3 years ago.
Thank you for your fast response! I've been in the WTB (Warrior in Trans. Battalion) for over 3 yrs. They really don't want people in the system that long, makes them look like their not doing there jobs. Which in my case, they were not. If they attempt to change my "characterization of service", how would that be possible. My background. 4 years AD with the Marine Corps, combat decorated and nearly 7 years with the Army Nat Guard, infantry combat decorated here as well! I'm hoping that counts for something and they truly don't try to change that.

They can change is based on the failed UA. They don't really need much, in terms of misconduct, to change your service characterization.

 

Even one issue of misconduct in a service period of 8 years is legally sufficient to change your characterization of service. All they have to do is submit an amended DD Form 214, with a general discharge characterization rather than an honorable, if that is what you were getting.

 

As I said though, it is unlikely that they bother to do anything if your paperwork is already completely done and you are gone before the result return.

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