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Recent 112A questions

I was recently discharged from the military with an OTH

Hi I was recently discharged from the military with an OTH discharge and 112a on my DD214. Will my act of the 112a show up on a background check for employment. I am aware my DD214 will not but will the urinalysis pop up on a check for employment in transportation?JA: OK. The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: no, I just need to know.JA: Anything else I can tell the Military Lawyer before I connect you two?Customer: Not that I can think of.JA: 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 connect you two.

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P. Simmons

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I'm currently awaiting an adsep board following a NJP(with

I'm currently awaiting an adsep board following a NJP(with no chance to request a court martial as I'm on a sea going command) for article 112a in which I was found guilty and currently halfway through my 60 days of restriction for punishment, with 2 months and 14 days until my hard EAOS. The JAG I was originally detailed set my adsep board date for the 20 days from now and I still have to attend inpatient treatment for drug and alcohol abuse. I requested today to have my JAG changed as my first assigned JAG appeared that he would not fight for a better than OTH discharge. Will my new JAG be able to change my adsep board date?Even after an adsep board will the navy still need to process me out before my EAOS less it become an honorable discharge?It appears my treatment will take place the last month I'm still in the navy could this help or hurt my situation as far as my discharge?

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P. Simmons

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I submitted my RILO, and was given an OTH. I'm a midlevel

I submitted my RILO, and was given an OTH. I'm a midlevel healthcare provider and self prescribed myself Transdermal Testosterone Gel. AR40-3 11-11e says that providers are not allowed to self prescribe or family members Controlled Subst. At the same time para. 11-2b(1) and 11-14e(3), places responsabilities on the Pharmacy Chief and MTF CMDR. to educate, and disseminate information,and to comply with Federal Laws and Army rules before dispensing a Controlled Subst. AR 11-11e is not punitive (self prescribing a CS). the issue is UCMJ 112a ; use and possession. However the med. was not obtained by fraud. Even if the medication was self prescribed and the pharmacy authorized dispensing , would this be a good defense? Refer to United States v. Commander, 39 M.J. 972. The medication was prescribed by a diagnosis by a physician previous to self prescribing and also was prescribed numerous times after self prescribing. according to my state license ,I'm authorize to prescribe the med.

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P. Simmons

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Received an Article 15 positive anti anxiety medication.

Received an Article 15 for testing positive for an anti anxiety medication. Charged with Article 112a and found guilty. I have never taken any anti anxiety pills. We dont have any medications in the house or in my work center. The problem i believe is with the UPL. He left his samples, full and empty bottles, unattended and i think something was switched up. The observer and i waited about 10 minutes before he returned. When i told the BN this happened, they asked the UPL if he left the samples unattended and of course he said he didnt. Appealed to the BDE commander but she denied it. Is there anything else i can do?

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Allen M., Esq.

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If someone has been out of the military years and received

If someone has been out of the military for 4 years and received an honorable discharge. Can they be charged by they military if they disclose to trying a drug in the military to a law enforcement agency they are applying to?

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1998 I admitted to marijuana use while at a party. I

1998 I admitted to marijuana use while at a party. I accepted NJP under article 15 for violation of article 112a. My predicament now is I work in a position that requires occasional background checks to work at certain sites. On my FBI check it states- Charge 1-Use/Possession/Distribution of Controlled Substance. With these background checks Use or possession is not a dis-qualifier but distribution is. My problem is there's no disposition shown of the article 15 for USE only shown on the background check. The last two checks that have been done on me have taken months to complete and in the end it was up to me to produce the copy I have of the record of NJP showing USE only. My question is how can I get my record to show the disposition of the true charge of USE and NJP outcome. These checks are raising red flags with my coworkers and employer because they take so long and I feel it should not be up to prove my innocence for distribution.

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P. Simmons

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I am active duty Navy, E-6, and I have a civilian prescription,

I am active duty Navy, E-6, and I have a civilian prescription, Phentermine, for weight lose. I consulted a military doctor to have it put in my medical record and he said he "cannot endorse it". Does the Mil Dr. even have to "endorse it", to put it in my record? Will the civilian Dr prescription suffice if I pop on the urine test? and where can I find the instructions/ paperwork to show my chain of command and corpsman if it is legal? Thanks

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P. Simmons

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If I went to Captains Mast for art. 112a taking adderall, not

If I went to Captains Mast for art. 112a taking adderall, not in my record yet. But recently got diagnosed with ADHD after all the punishments. Now I am up for an admin board, what are my options now? This is the only thing I have received so far in my career, everything else has been perfect.

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P. Simmons

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A timeline of events: In December 2010, I recreationally

A timeline of events:In December 2010, I recreationally experimented with Spice once in a period of high stress immediately following a six-month deployment. I soon deployed again and earned a Good Conduct Medal, the AF Achievement Medal, and Flight Medal, Fourth Cluster during this time. I was never derelict in my duties.In October 2011, I separated from Active Duty with an Honorable Discharge and enlisted in the Active ReserveIn January 2012, a coworker stole and sent me a classified Secret map from a SCIF, which I turned into my security officer for destruction. I cooperated fully and provided an MFR self-reporting the map I received as well as the previous drug use as I knew I would need a polygraph. A security file was opened against me and my clearance was suspended indefinitely.In August 2013, I separated from the Air Force Reserves. OSI requested an interview and said I was under investigation for Articles 92 and 134. I cited Article 31 and did not agree to the interview. Charges were never brought against me.In August 2014, I enlisted in the Air National Guard and learned I would need a Secret clearance to perform my job duties. I know I will have to meet an OSI investigator. My question is can I still be charged for the previous incidents? Can OSI open old investigations and am I compelled to provide information about my spice use four years earlier?

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P. Simmons

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