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My boyfriend just finished his 4 year term in the army and…

Customer Question
My boyfriend just finished...

My boyfriend just finished his 4 year term in the army and is now in the reserves. He was just kicked out of the army reserves as a result of a failed drug test. He said that he only took prescribed painkillers, that he received for an old shoulder injury. He presented the prescription bottle as well as his medical records. Unfortunately, all did not matter and he was still kicked out. My question is, can they do that? It makes no sense.

Lawyer's Assistant: When was the test? Is there reason to believe this was a false positive?

I'm not sure if you can say false positive. He admits to take the painkillers but they were an old prescription

Lawyer's Assistant: Are you overseas or stateside?

Stateside. North carolina

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The drug test was done in May 2017

Submitted: 6 months ago.Category: Military Law
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Answered in 3 minutes by:
7/31/2017
Military Lawyer: P. Simmons, Military Lawyer replied 6 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14,864
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 6 months ago

I am sorry for this dilemma. But not sure I understand your specific question. Can they do what? Kick him out when there is evidence he used drugs illegally?

Are you asking the process that is required to "kick someone out"?

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Customer reply replied 6 months ago
can they kick him out for taking an old prescription that was clearly prescribed to him?
Military Lawyer: P. Simmons, Military Lawyer replied 6 months ago

Can you give more context? HOW did they kick him out...what process did they use and what did he do in response?

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Customer reply replied 6 months ago
He said that he received a call from his chain of command and was told they longer need him. He failed his urinalysis.
He took all of his prescriptions and medical records to them and that didn't matter.
So, now he is waiting for his orders through the mail for next steps.
Military Lawyer: P. Simmons, Military Lawyer replied 6 months ago

So is he still in? Is he waiting for the process?

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

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Customer reply replied 6 months ago
He is waiting for the process
Military Lawyer: P. Simmons, Military Lawyer replied 6 months ago

Again are you willing to speak in the phone?

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Customer reply replied 6 months ago
no thanks
Military Lawyer: P. Simmons, Military Lawyer replied 6 months ago

I wish you the best then

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Customer reply replied 6 months ago
thanks
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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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