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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19319
Experience:  Lawyer and current JAG officer.
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What happens if a soldier takes a drug urinalysis less than

Customer Question

What happens if a soldier takes a drug urinalysis less than a week from separating, the results are positive, but he has already separated from the military by the time the results are known?
Submitted: 5 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 5 months ago.

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.

That really depends on what you mean by "separated." There are varying degrees of separation. If you aren't completely done with your military service (for example, if you are going on any terminal leave), you can have that leave revoked, be placed on legal hold from separation and have legal action taken against you.

So, a lot here depends on what status you'll actually be in, when this is discovered and how much the commander actually cares about it.

Even if you are no longer in military status, they could technically have you charged under federal law with possession/use because if you were on a military installation, you are also subject to federal criminal laws. I've not seen this done, but it could be done.

If you have any further questions or other facts that you would like me to consider, 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 three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 5 months ago.
Thank for your answer. To be more specific, soldier had no terminal leave, and received his DD 214. I guess my question rests on the assumption that test results would take longer than a week to be processed.
Expert:  Allen M., Esq. replied 5 months ago.

They usually do take longer than a week to be processed.

If the end date is the actual ETS, then chances are that nothing would be done though it is possible that federal charges could be brought.