Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I was discharged from the army national guard as an enlisted…

I was discharged from...

I was discharged from the army national guard as an enlisted member (I believe a RE-4, but not completely sure) for popping hot on a drug test. I was of course dumb at the time, but after this incident I went back to school and have now graduated near the top of my class from one of the best public universities in the country. I want to go back in as an officer (as a doctor, have medical school paid for), but i'm not sure what regulation on that is or my chances of getting back in

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

Michigan

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

Its been years now since this happened

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

No that would be all

Show More
Show Less
Ask Your Own Military Law Question
Answered in 3 hours by:
10/17/2017
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,871
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for the information and your question. Can you please tell me what the 3 letter separation code is on your DD-214 (or equivalent discharge certificate) and what characterization of discharge you received (OTH, General, Honorable or what)? When was your discharge?

Ask Your Own Military Law Question
Customer reply replied 8 months ago
The discharge was a general. I don't currently have my DD-214 papers, but I have requested them

Thank you. Although it would be helpful to have the other information I asked for, I can tell you that if you were separated for drug use, there is virtually no chance that you will be accepted into a Commissioning Program. It doesn't matter, for regulations purposes, how stellar your life has been since your discharge. The only thing that matters is why you were discharged and if you have an RE-4, which is an automatic preclusion to further service.

You could attempt to have your discharge upgraded and RE 4 changed through the appropriate Board (I would have to have the answer to the question I asked about when you were discharged to tell you which Board), but they will only changed your discharge if you have evidence that your discharge characterization, or anything you want them to change, was issued in "error" or was a result of an "injust." That is a very hard standard to meet.

Please feel free to ask follow up questions if you have them, and provide the information about your discharge date is you want to pursue the Board application for an upgrade/change to your discharge. If no further assistance is needed, then if you could reply to this answer letting me know that I covered your question, the Site will give me credit for assisting you today. Thank you

Ask Your Own Military Law Question
Customer reply replied 8 months ago
Alright,One more thing to add. Could this potentially be changed by a State representative on Congressman?

No, they have no power to change any military record. They can certainly inquire about some perceived wrong, but ultimately they cannot change or have changed a record or the rule that prohibits an RE-4 discharged individual from enlistment or commissioning.

Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,871
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
Marsha411JD and 87 other Military Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,871
20,871 Satisfied Customers
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

14,718 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,188 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

20,871 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I am a former 2LT and was recently honorably discharged for
I am a former 2LT and was recently honorably discharged for failure to complete required military education. Basically, the Army have me a great deal, because I actually failed a Urine test, which is … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Recieved an OTH discharge from the army in 1973 for 1/10 of
recieved an OTH discharge from the army in 1973 for 1/10 of a gram of herion. I had many positive UA's but never offered treatment. i enlisted Sept 1971 and had an excelant service record other than t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have been in the national guard now over 4 years.
I have been in the national guard now for just over 4 years. Recently, i transitioned my civilian career and my compensation is 100% commission. I have drill one Friday, Saturday, and Sunday a month, … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,896 satisfied customers
My son would like to join the military. He was lined up to
My son would like to join the military. He was lined up to ship out for the army and had a misdemeanor incident with leaving hos dog in the car for a brief time on a hot day. It's a long story, but he… read more
Marsha411JD
Marsha411JD
Lawyer
20,871 satisfied customers
Is it possible to appeal my medical discharge under pre existing
Is it possible to appeal my medical discharge under pre existing conditions from the army and re enlist. It has been six years, i am thirty years old, passed basic training and ait in the army but mad… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I am an 1980s era Army veteran. I was Honorably Discharged
I am an 1980s era Army veteran. I was Honorably Discharged under Chapter 13 with 15 months of Active Duty in the Regular Army. After six months in the Individual Ready Reserve, I transferred to the Ac… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Howdy, I enlisted in the National Guard while I was in Army
Howdy, I enlisted in the National Guard while I was in Army ROTC which I am currently still in. I have not been to basic training, reason why, because I was an advanced ROTC cadet which made my recrui… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
A year ago, I received a 4 year Army ROTC campus based scholarship,
A year ago, I received a 4 year Army ROTC campus based scholarship, and accepted it. The deal was, pass the PT test, be medically qualified (by DODMERB, the officer version of MEPS), and maintain a 2.… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I recieved an Under honarable discharge from the IL National
I recieved an Under honarable discharge from the IL National Guard for "failure to complete alchohol and or drug rehabilitation". I am trying to re-enlist in the National guard but you can not get a w… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am prior service but require a waiver to re-enlist. Currently
I am prior service but require a waiver to re-enlist. Currently the military isn't accepting waivers of my type. Basically, in '07 I tested positive for THC on a company wide urinalysis. I was counsel… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am a soldier that is in the final stages of my med board.
I am a soldier that is in the final stages of my med board. I have went thru the meb and peb, and now I am only waiting on my orders to be cut, whick should be here any day. I have been in an uphill b… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
How can I chance a military Para 8-26q NGR 600-200 Acts or
How can I chance a military Para 8-26q NGR 600-200: Acts or Patterns of Misconduct on my military discharge. If it's not true, and I'm trying to re-enlist after 15 years out of service.… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
My son was in ROTC and early commissioned as a 2lt. Did not
My son was in ROTC and early commissioned as a 2lt. Did not complete his bachelors in 36 months, which would have been May 2010. He is no longer in the National Guard but did complete 2 1/2 years of s… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
if you wear the old style b d u would this be ok to waer now
if you wear the old style b d u would this be ok to waer now with out the military haveing any thing to said… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers
Florida National Guard member E-1, tested positive for mariauana
Florida National Guard member E-1, tested positive for mariauana (along with 3 others in the random unit test). After admitting and signing documentation to the charge, the Guard member was processed … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My son failed urine test for FL national guard and got papers
My son failed urine test for FL national guard and got papers for an under honorable discharge. He loves the guard and wants to make this a career. Will he be able to re-up in six months? He failed fo… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am prior Air Force (Active Duty 2000-2006). In April of
I am prior Air Force (Active Duty 2000-2006). In April of this year I entered the Army National Guard for the purpose of attending Officer Candidate School. In the months following my enlistment, I be… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
Hello. I am a member of the Army National Guard (SPC - Rank
Hello. I am a member of the Army National Guard (SPC - Rank E-4), and I am in the process of mobilizing for an upcoming deployment to Iraq. I am currently at a mobilization training center within the … read more
rcampione
rcampione
Military Lawyer
Doctoral Degree
187 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x