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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

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Answered in 3 hours by:
10/17/2017
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,620
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?

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Customer reply replied 4 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

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Customer reply replied 4 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: 20,620
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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