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My son is a marine stationed at Camp Legunne. About a year…

My son is a marine...
My son is a marine stationed at Camp Legunne. About a year and a half ago, after a tour in Iraq, he remained at legunne. At one point they tested him and he was positive for marijuana. He went through some rehab there, was diagnosed with ptsd, demoted to pfc but with support from his peers and officers was oked for duty. They sent him back to iraq and he returned about 4 months ago. His 4 years is up in june. Now he is saying he is up for review and they might boot him out. Is there anything he can do, I can do? Can we get a lawyer?
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Answered in 12 hours by:
2/4/2010
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,601
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
Yes, he needs a lawyer. IF they are trying to boot him for this drug pop over a year back PRIOR to deployment, he needs a good on.

Some commanders will try this...and its worth a fight.

If he screens hot for drugs the Marine Corps is required to process him for separation...but this typically occurs PRIOR to any deployment. If the unit took him overseas and he performed well and NOW they want to boot him...well that is, in my humble opinion, crap.

Legal? Yes. The "right thing to do"? NO.

Have him head to the defense shop. The do walk in appointments each week. Talk to a Marine lawyer and consider hiring one. They cay try and separate him, but he has a good fight in my opinion.





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Customer reply replied 8 years ago

Yes, he went to jag office today. There is an adsep class tomorrow, 7am. He told me commanders had promised him, after njp for drug test last year, that if he deployed second time, they would forget about it. He did second deployment and commander said he did well, but superiors said he shouldnt have been promised that and paperwork followed him and now is going up to Maj gen RT Tryon for review.

 

Will Marines give him an attorney, access to paperwork and file, or do we have to hire one? Have you seen cases like this or is policy cut and dry?

 

Thanks

 

Bob Engelke

Yes, the Marines will give an attorney. But consider hiring one as well. This is a good case, but he can use the extra "firepower" if he can afford it.


P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,601
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
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P. Simmons
P. Simmons
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Category: Military Law
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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