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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 38488
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My son receivedan article 15 for testing positive for drugs.

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My son receivedan article 15 for testing positive for drugs. what are his chances of being given punishment over being discharged?
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Can you tell me
1. Which service is he in? Army ? Air Force?
2. What is his rank?
3. HOw long has he been in?
4. What was the drug?
Customer: replied 4 years ago.

Air Force E3 2 1/2yrs weed

Thank you
One more...if you know, are there officers at his command who will "go to bat" for him? Who will speak highly in his defense?
Customer: replied 4 years ago.

yes he getting letters from other airmen.

Customer: replied 4 years ago.

yes

THank you
That is good...that is, letters of support will be helpful. But more helpful if the letters come from officers...letters from other airmen will hold little weight in this matter.
Still, every bit helps.
What will likely happen?
It is up to his squadron commander. But what you describe, in most cases the AF will send the case to Art 15 and then, once the Art 15 is complete, will start the process for an administrative separation for an Other Than Honorable (OTH) discharge.
That happens in nearly all of the cases you describe.
Sometimes, if the airman has a poor reputation or a history of misconduct they will take them to court marital.
But if your son had a good record before this it is likely they will send him to Art 15 and then process him for an OTH...so he would not have a criminal conviction
Can he fight this?
Sure...if they want to separate him with an OTH they have to give him a hearing, and an attorney from ADC (JAG) to help him.
But the hearing is administrative in nature...and if there is evidence he used weed? Most likely he would be discharged.
The best thing he can do, by far, is hire an attorney with experience to assist. The JAG he is assigned will be energetic enough and will have no experience. Paying for an experienced attorney may help he remain in, or at least not get a poor discharge.
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.
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