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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18789
Experience:  Lawyer and current JAG officer.
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Suppose someone were to lie at MEPS and say they have never

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Suppose someone were to lie at MEPS and say they have never done any drugs. But say they did weed a month ago and lied about it at MEPS. Now they are in the delayed entry program. Say they haven't gotten their test results back from the lab yet. Could they go back to MEPS and fix everything? Could they go to jail for not telling the truth?
Submitted: 3 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 3 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.

That person couldn't go back and fix things, because the records would show that there was one statement made one time and another statement made another time. That, by definition, means that one of the statements is a false official statement, which is a violation of the UCMJ.

Now, it is unlikely that the person would go to jail. While it is a criminal violation, most such violations are handled through administrative separation from the service for fraudulent entry. Regardless, there isn't really a way to go back and fix the matter at this point.

Either the test comes back positive, which would result in an administrative separation for drug use (and perhaps an Article 15 as well) or the test comes back negative, at which point the individual wouldn't face any trouble at all here. So, unfortunately, the best option is for such an individual to sit on their hands and wait, hoping the test result is negative. Going forward now can't resolve the issue any more favorably.

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. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 3 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. 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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