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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34340
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My son was chaptered out of the AF reserve after testing positive

Customer Question

My son was chaptered out of the AF reserve after testing positive for marijuana. He did not appeal or request a court martial as he did not understand the process. Will he ever be able to go back into the military and does this count as a drug conviction?
Submitted: 2 years ago.
Category: Military Law
Expert:  P. Simmons replied 2 years ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.I am sorry for this dilemma. This is NOT a drug conviction. What you are describing, it seems that his reserve unit performed testing and his test was positive. It is not a criminal conviction.That said, he may have a tough time reentering the service. If he was discharged because of this, his record will reflect and he would require a waiver to reenter the service. The largest problem he will face is the poor economy. The poor economy has caused a flock of people turning to the military for jobs. Despite the war recruiting is way up in all branches. The need for the services to grant waivers has decreased. For example the Marines recently decreased their maximum age for enlistment. Its tough today to get a waiver for any reason, particularly for drug use.So not a conviction, but not easy to reenter the military 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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