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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19169
Experience:  Lawyer and current JAG officer.
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Misconduct drug abuse, separation code JKK - general

Customer Question

misconduct drug abuse, separation code JKK - general underhonorable conditions discharge -reentry code 2B. served 2 years & 4 months.
1) What is the likelyhood of one being able to reenlist into another military branch other than USAF?
2) currently trying to dispute a CONCEALED GUN charge. the state was willing to completely dismiss upon clean background check. however, when arrived to court background check would have been clean except my USAF discharge was acknowledged.
was this STATE (General district traffic court) agency an appropriate authorization? is this substantial evidence of an infraction on a background check? to my knowledge this discharge & punishment was non-judicial punishment - NJP - what can i do with my case?
i cannot afford a lawyer right now, so i am utilizing an appointed public defender.
Submitted: 1 year ago.
Category: Military Law
Customer: replied 1 year ago.
i was discharged because i consumed 1 percocet - schedule 2 controlled substance - it was my wifes for her surgery. i have knee pains so i consumed 1 without thinking about it. it showed on a drug test & i was sent home due to 0 tolerance drug policy.
Expert:  Allen M., Esq. replied 1 year ago.

While a 2B technically allows for a waiver if a branch wishes to grant one, right now you'd have two issues. First, no branches are offering waivers because there is an abundance of applications being submitted but fewer jobs to fill (due to budget cuts to the military). Second, drug offenses are one of the last offenses waived by the military.

As for your second question, your separation and NJP, while not a conviction, is still evidence of an infraction on a background check. They don't need a conviction, but rather, facts and circumstances that indicate an infraction occurred. Unfortunately, it is not illegal or unauthorized for them to consider that offense when deciding whether or not to dismiss another potentially chargeable offense.

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