How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask P. Simmons Your Own Question

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26139
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Type Your Military Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

My daughter had just signed up for the army. She had her date

Resolved Question:

My daughter had just signed up for the army. She had her date and everything. She had take. Her initial drug test came back negative, she went to MEPS did her physical everything and drug test all was good, got her date got her job. Then today she gets a phone call she needed to go down and do paper work. The. A general called her and told her she was discharged for testing posituve for THC. My daughter has smoked weed not alot but here and there ( I didn't approve of it), and she stopped almost 2 months ago she had decided she needed to do something with her life. I'm heart broken for her, she wanted this so bad, and I'm not saying this cause I wouldn't be writing if I had any doubt, I believe her that she has not smoked. I don't know what happened but this is not fair. They are doing an investigation but what happens now is there anything she can do? Can she join another service?
Submitted: 11 months ago.
Category: Military Law
Expert:  P. Simmons replied 11 months ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Can you tell me, did she actually enlist? Go off to bootcamp? Or did this happen prior?

And if she did go to bootcamp, can you tell me, is she still in? Or have they discharged her?
Customer: replied 11 months ago.
No her date was November 12th to go into bootcamp. She was sworn in, picked up job and everything.
Expert:  P. Simmons replied 11 months ago.
Thank you

That makes it more complex for her...that is, since she had not yet activated, she would not have much "due process" to fight this.

Can you tell me, have they discharged her from the DEP (delayed entry program) already?
Customer: replied 11 months ago.
Yes they told her she was discharged just today. It just don't make sense she passed the first urine test. I'm not one of those mothers who is naive and I know my daughter is no angel, and wouldn't go through this trouble if I didn't believe her. Why will they not allow to retake the test, since it did come up negative. I feel she is looked at ok I got in took my urine so I can get high... She knows at MEPS another urine would be taken both my sisters were in the military. Just not making sense...
Expert:  P. Simmons replied 11 months ago.
Thank you ma'am

I am sorry for this dilemma. The sad truth is that she has no right to demand a retest of the urine. Even had she gone into the service, there is no right to demand a retest.

So they can discharge.

Now the good news (if there is any good news) is that she will not get a "bad discharge". Since she never went onto active duty, they will give her what is called an "ELS" or entry level separation.

This is a separation that is not characterized. So she does not have a "bad" discharge.

If the discharge was approved then she is out. There is not anything she can effectively do at this point.

I wish I had better news.

This lack of due process (her lack of ability to fight this) is tied directly to her status. Because she had not formally entered the military (by going to bootcamp) she has very little in the way of due process rights. Other than requesting that they reconsider their decision, she has little in the way of recourse.

Now...can she join another service?

That will be up to the service. This separation will show up on her record. SO other services will know about it. But it is still possible, at least in theory, for her to join another....it just makes it a bit more difficult. She would need to obtain a "waiver" or specific permission to enter despite the prior separation. The waiver would be decided by the recruiting command.

The largest problem she will face is the economy. The poor economy has sent kids flocking to the military for jobs...because of this the military is not giving out waivers very often.

That can change...if the wars get worse or the economy improves, the military will need to provide more waivers. So there may be an option in the future to allow your daughter to enlist.

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26139
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and 3 other Military Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Lawyer

    Satisfied Customers:

    4035
    Lawyer and current JAG officer.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1149
    Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
  • http://ww2.justanswer.com/uploads/OR/OregonLawyer/2012-6-20_82836_LarryMugShot16192012.64x64.jpg Lawrence D. Gorin's Avatar

    Lawrence D. Gorin

    Lawyer

    Satisfied Customers:

    488
    Military & Family Law. 30+ years experience. USFSPA pension division expertise.
  • http://ww2.justanswer.com/uploads/LA/LawInfoNow/2012-5-27_195417_JAprofilepicture.64x64.jpg LawHelpNow's Avatar

    LawHelpNow

    Attorney/Lawyer

    Satisfied Customers:

    221
    Relax. Let's work together. Practical solutions.
  • http://ww2.justanswer.com/uploads/rcampione/2009-01-16_181009_bar-rc.jpg rcampione's Avatar

    rcampione

    Military Lawyer

    Satisfied Customers:

    186
    Military lawyer - 5 years to the present
  • http://ww2.justanswer.com/uploads/JAGDefense/2010-02-16_041646_web_pix.jpg JAG Defense's Avatar

    JAG Defense

    Military Lawyer

    Satisfied Customers:

    124
    CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications