Please bear with me as I attempt to explain the entire situation in order to receive the best response. Also there are a lot of things that I am not proud of that I will tell you, and I am currently working on those issues.
I joined the Marines
in 2007 in which I had two driving under the influence charges. I was granted a waiver for this, but never disclosed to them that I had received alcohol treatment on my enlistment contract on DD Form 2807-2.
I reenlisted in 2010 at my 3.5 year mark and the following day I was arrested for drunk driving, and received NJP
. In addition to that I had to go see the SACO and was sent to outpatient treatment which I completed.
Fast forward to today, I am being charged with article 92
and 134, of which I am guilty of both. These charges are alcohol related and I again had to see the SACO. After filling out the paperwork I decided to be completely honest and disclosed of my past treatment prior to joining the military
My question is, can they possibly look at separating me for fraudulent enlistment for not disclosing my prior treatment, or has the statute of limitations passed? I have not been questioned directly by anyone yet if I disclosed this prior to enlistment, and before I say anything, I'd like to know what the consequences are.
Additionally, they are going to attempt to administratively separate me for a pattern of misconduct but my EAS is only 6 weeks away. The command seems to be very intent on attempting to separate me prior too. I was threatened with a special court martial
if I did not sign away my right to an adsep board and accept NJP. My thought is that if they get me to sign away my adsep board then it will expedite the separation
process. So I told them I would accept court martial
because I wanted the opportunity to speak on my behalf and have an attorney. Plus I already have a criminal record, so whats another misdemeanor charge? But if they were willing I would accept NJP and not waive my board. Amazingly enough the command agreed and I still get to keep my adsep board.
Anyways, back to the real question. When I get my NJP and if the CO asks if I disclosed my prior treatment for alcohol, how should I respond? I don't want to say yes because now I'm lying about something that an easily be verified, and I don't necessarily want to say no unless the statute of limitations has passed. Additionally I don't want to avoid the question as I will be standing in front of the CO for my punishment and would prefer not to appear like a belligerent/uncooperative Marine.
Please keeping in mind my EAS is less than 6 weeks away.