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.
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.
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).