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P. Simmons
P. Simmons, Military Lawyer
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Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Article 112A Questions

What is article 112A?

Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an instillation, vessel, vehicle, or aircraft used by or under the control of the armed forces a substance described in section (b) shall be punished as a court-martial may direct. When people are faced with situations like this, they can ask the Experts for advice. Listed below are five of the top article 112A questions.

If someone was charged with Article 112A early on in his or her career is he or she able to re-enlist?

What a person is charged with is less important than how he/she was discharged. What matters here is the reenlistment code. If someone received an RE 3 or 4, it’s going to be exceedingly difficult for them to reenlist, because an RE 4 is not waiver able and, while an RE 3 is waiver able none are being granted right now. If the person was discharged as part of this charge, than they most certainly have either an RE 3 or 4 (which can be found on their DD Form 214).

If someone pleaded guilty of 4 specifications of article 112a in an Air Force special court martial and was sentenced to 6 mo. confinement reduction of rank and a bad conduct discharge. They are now applying for an admin job at a hospital. Will it show up on their background check and if so what are the individual’s odds of being hired?

Yes, it will show up. It should be in the NCIC (National Criminal Database) so it will show up on a background check. The DD 214 will be required to be disclosed to the employer. Whether or not you got hired would depend on your competition and the rest of your resume. The conviction certainly will not help. But life goes on, you will get a job, it may not be your first choice. Show you are a good employee and you will only move up from there.

If someone is an E3 in USMC and they was tested for Marijuana a week ago today, what will happen next for him if his test comes back positive? Is there anything he can do in the meantime?

If the test comes back positive for Marijuana the marine will face either non-judicial punishment or court-martial for violation of Article 112a. Whether he goes to NJP or court-martial depends on his history of service, whether he has been in trouble before and the attitudes of his Command about him and military justice issues. The marine could also be processed for administrative separation. That too though depends on the attitude of his command, especially how they feel about drug use. Some commands would give a junior enlisted a second chance and some won’t.

If someone fails a U/A for the National Guard what are their consequences and options?

The consequences are their command can prosecute the service member for the violation of UCMJ Article 112a. This can be done at court-martial or administratively through Art 15, NJP. Command can also begin proceedings to separate the service member administratively with other than an honorable discharge (OTH).

If someone has served two deployments with the U.S army and is in the process of ETS on June 30 2011 the party’s terminal leave would have started on May 4 the results of a recent urinalysis came back positive for cocaine at 152parts per milliliter what can someone do. How bad can this get worst-case scenario and best-case scenario?

Best case is that they just let you go, unlikely though. More commonly, they stop your ETS and process you for non-judicial punishment and a punitive discharge, meaning at least General Discharge.

Worst case scenario, also unlikely, is that they decide to court-martial you under Article 112a, for use and possession, dishonorable Discharge, forfeiture of all pay and allowances, and confinement 5 years.

Article 112A is a very complex topic. It can span one question after another. There are additional questions that could come up. It is then that you may need Expert advice.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11884
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
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Recent 112A Questions

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