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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34085
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a Chief Warrant Officer Is it possible to receive a

Customer Question

Hello I am a Chief Warrant Officer Is it possible to receive a Chapter 9 discharge for ASAP failure. I have 19 years in service and I self enrolled into ASAP for alcohol. I have never had any negative counseling or disciplinary actions. My counselor told me that my ETG was high on my previous test and if it comes back positive he will have to initiate a Chapter 9. When I joined the program I was under the impression that it was 4 months than after enrolling they told me that I would have to be in it for 12 months. I have been in the program for 9 months now.
JA: No, you can ask a one off question to try things out. Are you overseas or stateside?
Customer: stateside
JA: Have you talked to anyone in the chain of command about this?
Customer: NO nothing yet. My test results have not been back yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My retirement date is 29 jul 2018.
Submitted: 11 days ago.
Category: Military Law
Expert:  P. Simmons replied 11 days ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 11 days ago.

I am sorry for this dilemma. But not sure I understand your specific question. Are you asking if they can separate you if you used alcohol after ASAP?

Customer: replied 11 days ago.
I don't believe this would suffice as a Chapter 9 separation being that I have never had any disciplinary action ever in my 19 years of service. The test that I was given was GGH and a Comprehensive Metabolic panel which doesn't read a negative or positive for alcohol use.
Expert:  P. Simmons replied 11 days ago.

IF they can prove you used alcohol within 12 months of completing ASAP? They can use that as a basis to separate. Not sure why they would tell you 4 months...the standard is 12 months.
Now...it is NOT automatic. You are entitled to a hearing (they can not separate you without providing you a hearing in front of a board of officers and a TDS attorney to assist you). And they have to prove you used alcohol. But IF they can? That could be a basis to separate.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 11 days ago.
OK thanks!
Expert:  P. Simmons replied 11 days ago.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
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