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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18791
Experience:  Lawyer and current JAG officer.
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My 21 year old son started Air Force BMT on 4/19 and was informed

Customer Question

My 21 year old son started Air Force BMT on 4/19 and was informed yesterday that he has tested positive for clonazepam. Being retired Navy, I know everyone says they did not. While only he knows for sure, is there any chance for his staying in if he knows he did not knowingly ingest illicit drugs?
JA: The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Is there anything else the Military Lawyer should be aware of?
Customer: Those are pretty much the facts. He is being told he will be processed as Entry Level Separation.
JA: OK. The Military Lawyer will need to help you with this. OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 5 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. Right now, probably not. The military is getting smaller and smaller. Currently any drug offense has to be processed for separation, either administratively or through court martial. The commander has no choice. Once the separation is processed, there is legally the opportunity for retention, but that is very difficult when you are talking about a brand new person. They don't have the right to a board hearing unless the command is seeking an other than honorable discharge, and if they are doing this entry level status, they aren't seeking a negative discharge for him. That means all he can do is submit a letter to the deciding commander, asking if he can be retained and explaining that he did not intentionally digest any illicit drug. That is the extent of his due process. Command can consider the letter and either approve or disapprove, and your son won't know the outcome until they tell him. Once he is out, he won't be able to get back in. A waiver following a drug separation is currently not possible. So, his only chance to stay in is if he can convince command, in that letter, that he was dosed by someone else. Admitting behavior and asking for mercy doesn't work in the present military setting. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 5 months ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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