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I got a oth for urinalysis I served 2 years of a 4 year

I got a oth...

I got a oth for urinalysis I served 2 years of a 4 year contract I was battalion NJP and a letter of recommendation for desperation can I get it bumped to general I have been out for two years and have had a stable job which requires drug test I just want to be able to be hired as a state employee if needed

Lawyer's Assistant: Can you tell me what state this is in?

I was in California when I got it on Pendleton I'm in Texas now

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

I'm out it was a njp and recommendation for separation for failed urinalysis

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

Yes they also had me sign my njp 6 times with 6 different dates if it means anything and I also was rewarded most improved recruit in boot camp

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Answered in 4 hours by:
9/13/2017
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,930
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for the information and your question. Although you are entitled to file a petition with the Naval Discharge Review Board, there is no automatic upgrade of OTH discharges. There is information that goes around that there is an opportunity for automatic upgrades after a set period of time. That, is an urban legend and is not true.

Therefore, you will have to have evidence to prove to the Board that your discharge characterization was issued in "error" or was a clear "injustice."

If you could convince them somehow that your urinalysis was faulty, that could result in an upgrade. However, the onus is on you. I might suggest, because they understand the legal arguments and precedents better, that you consider hiring a military law firm to assist you with your petition. There are many civilian lawyers who have military law practices that handle post-service issues like this. You can simply do a search online or contact your State's Bar Association Lawyer Referral Service.

If you would like to read up on the process and see the form, etc., you can find the Board's website at: http://www.secnav.navy.mil/mra/CORB/pages/ndrb/default.aspx

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box on this page of my efforts to provide you with the information you requested, then the Site will give me credit for assisting you today. Thank you

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Customer reply replied 10 months ago
Well I was giving the highest security clearance at a airport you can have from customs does that mean anything which is a FBI database background check

Sorry about the delay in getting back to you but I was out of my office. No, nothing a former servicemember has done in their life since they received their adverse discharge makes any difference in the determination of the Board. In other words, it it irrelevant what kind of life they have led since their discharge. The only factors the Board can consider is if, as mentioned, there is evidence showing that the discharge, characterization, or codes were issued in "error" or as an injustice. Again, I recommend you go to the link I provided and read all of the materials about the standards for the review process.

Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,930
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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