How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Military Law question
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

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 Law question
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21108
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21108
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18362
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8471
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3824
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3383
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3289
    DVM, Emergency Veterinarian, BS (Physiology)