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hello, I just received my recommendation of separation and not sure what to do. This was f…

hello, I just received my...
hello, I just received my recommendation of separation and not sure what to do. This was for a positive test for marijuana
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Customer reply replied 3 years ago
hello, I just received my recommendation of separation and not sure what to do. This was for a positive test for marijuana. I am in the army national guard and this was my first time failing.
Answered in 16 minutes by:
12/7/2014
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,475
Experience: Lawyer and current JAG officer.
Verified
Hello, my name is ***** ***** I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.
Ok. How long have you been in the service? Did they tell you if you're going to be getting a board hearing or just notification?
What level of discharge are they seeking? General or Other than Honorable?
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Customer reply replied 3 years ago
I entered the military in sept of 2010. I was told to talk to jag and In the recommendation of separation letter it was check as under other than honorable. I checked yes to consult with military attorney and to submit statemnts on my behave to the brigade s-1 58th troop command in maryland
Ok. You have less than 6 years in the service, so they don't have to give you a board hearing unless they go for an Other than Honorable discharge.
Under other than honorable conditions is different wording than you typically see. It is usually Other than Honorable or General under honorable conditions.
So, I'm not 100% sure which one you are referring to.
If you get an OTH or they are seeking an OTH, you'll have the opportunity to defend yourself with an attorney, just like a trial. You can make a statement and have witnesses. You can challenge the efficiency of the drug test, etc. I've seen people be retained.
However, if they just seek a General discharge, that means that they can separate you without a board. You wouldn't have a hearing or any true due process. All you could do is submit a letter to he commander tat makes the decision on whether or not to separate you. If the commander chooses to separate you, that's really it.
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Customer reply replied 3 years ago
In the paper work it does refer to a board hiring and that I have 30 days in which to submit. I have written a letter and emailed it to my xo for her review and intend to talk to jag. they are seeking a oth I believe. Would you recommend I talk to a private lawyer or start with jag? I love the military and want to do anything I can to stay in.
I would work with the JAG attorney. The reason is that a board hearing is not a trial and most civilian attorneys don't understand the difference. The rules of evidence are relaxed and the burden of proof is much lower. You don't want a civilian attorney, unless that attorney has extensive military law experience particularly with board hearings.
The problem though is that a single positive test is enough for a separation. They don't need more than that. You have to attack the actual validity of the test itself or the chain of custody. You'd need character witnesses calling for you to stay in the service from your chain of command.
You also should be shooting for reducing the discharge if you can't stay in. Having it changed to a General will significantly help the civilian job situation, if you end up being separated. An OTH, to some employers, is considered as bad as a felony and it could cost you job opportunities in the future. So again, you would want a JAG that is sensitive to the differences in separation status and who knows how to argue in your favor for the better one.
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Customer reply replied 3 years ago
ok I understand. So I should ask for someone in my chain to go with me if I am able to have a hearing? I did admit to use when they had me signing the forms. this all happened today and I was dazed and confused not knowing what to do. The best advice I received from my chain was to write a letter which I have done already and emailed out.
Yes, if they are willing, you want someone fr your command.
You'll have a better plan once you work with the JAG attorney to build your defense.
Take care.
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Customer reply replied 3 years ago
Thank you sir.
No problem.
Please ask me any additional questions you may have. If not, please rate my service.
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,475
Experience: Lawyer and current JAG officer.
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