Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. Right now, probably not. The military is getting smaller and smaller. Currently any drug offense has to be processed for separation, either administratively or through court martial
. The commander has no choice. Once the separation is processed, there is legally the opportunity for retention, but that is very difficult when you are talking about a brand new person. They don't have the right to a board hearing unless the command is seeking an other than honorable discharge
, and if they are doing this entry level status, they aren't seeking a negative discharge
for him. That means all he can do is submit a letter to the deciding commander, asking if he can be retained and explaining that he did not intentionally digest any illicit drug. That is the extent of his due process. Command can consider the letter and either approve or disapprove, and your son won't know the outcome until they tell him. Once he is out, he won't be able to get back in. A waiver following a drug separation is currently not possible. So, his only chance to stay in is if he can convince command, in that letter, that he was dosed by someone else. Admitting behavior and asking for mercy doesn't work in the present military setting. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.