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I was discharged from the military in 1999 under other than…

I was discharged from the...
I was discharged from the military in 1999 under other than honorable conditions. A couple of years ago I sought for a change of classification and was denied. My only issue is that on my DD 214 it indicates "drug abuse" as the reason, when all I did was test positive for marijuana. Is there any way I can still have it changed or just deal with it?
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Answered in 1 minute by:
9/27/2017
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,459
Experience: Lawyer and current JAG officer.
Verified

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.

Drug abuse is the name of the section that you were separated under. While I agree that it seems more suggestive than mere marijuana use, which is not legal in a lot of places, that is the correct classification under military law.

To have a status changed, you have to demonstrate that it is an error or an injustice. I don't see how you can do that here, unfortunately.

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.

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Customer reply replied 8 months ago
then technically my situation could/should be considered drug use rather than drug abuse. How would they know if I was abusing or used just once or twice?
I get what you are saying but in a military environment where any use of a drug is illegal that is considered drug abuse. The board is not going to change your record based on the minor difference semantically between drug use and drug abuse.
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Customer reply replied 8 months ago
Ok. Thanks for your time.
No problem take care and good luck going forward.
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,459
Experience: Lawyer and current JAG officer.
Verified
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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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