Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

I separated from the USMC last year, however right after my…

Hi. I separated from...

Hi. I separated from the USMC last year, however right after my EAS I joined a reserve unit. I’m looking to apply for an commissioning program which would involve another interview. If I admit to drug use while not on inactive duty training (drill) what can happen? Particularly to my discharge status and gi bill benefits.

Lawyer's Assistant: Are you overseas or stateside?

Stateside

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

No

Show More
Show Less
Ask Your Own Military Law Question
Answered in 1 minute by:
11/14/2017
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,976
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Ask Your Own Military Law Question

Marine, I am not sure I understand the question...you want to know what may happen if you admit to using drugs at drill?

Ask Your Own Military Law Question
Customer reply replied 3 months ago
I did not use during drill. It was off duty hours.

Was your reserve service with the Marine COrps or a National Guard unit?

Ask Your Own Military Law Question
Customer reply replied 3 months ago
The Marine Corps

Thanks
I have some thoughts and will type them up...a few mins please. OR if you want to speak on the phone, I will send that offer (it is $5 additional). Let me know

Ask Your Own Military Law Question
Customer reply replied 3 months ago
here is ok, thank you

Thanks

What you are describing, if you used outside of drill, then the UCMJ will not apply (you can only be prosecuted under the UCMJ when you are in a duty status)

That said, illegal drug use is a violation of federal law...so even if you did not use while in a duty status, if you used while under contract, the reserve unit COULD use that as a basis to separate you administratively.

SO, if you admit to this, and your unit find out? They could adsep you with an OTH

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Ask Your Own Military Law Question
Customer reply replied 3 months ago
Can They separate me with an OTH even though I’m a non-obligor reservist with an honorable discharge from active duty? If I admit to drug use while not on drill on my commissioning application papers what can happen?

Yes...that is what I just said. IF you admit to using drugs while you were attending drills (I understand it was not during drill...but if it was between drills, then they can separate you for committing a crime between drills). And they can give you an OTH

WIll they?

That I can not answer.

But they certainly could...

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Ask Your Own Military Law Question
Customer reply replied 3 months ago
Can i be incriminated for answers on an SF 86?

Yes...that is quite common.

I have prosecuted many SF86 cases.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Ask Your Own Military Law Question

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

Ask Your Own Military Law Question
Customer reply replied 3 months ago
One last question, on the SF 86, pg 93 where it asks “...while possessing a security clearance.” Does this mean an active clearance? Or does it include inactive as well.

There is a misnomer of "active' vs "inactive".

If you had a job that required a clearance, and you had a clearance, it was an active clearance

So if your reserve job required a clearance, and you had a clearance, it was an active clearance.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,976
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,976
35,976 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons 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

35,976 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

1,828 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 have a question about other than honorable discharge.
Hello i have a question about other than honorable discharge … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I am trying to understand my father's honorable discharge
Hello. I am trying to understand my father's honorable discharge from the Air Force in 1952. In the box titled "Reason and Authority for Separation," it reads: AFL 35-20 AFR 35-49. Can you help me und… read more
P. Simmons
P. Simmons
Military Lawyer
35,976 satisfied customers
Separated in June 2014 with honorable discharge but under
Hello, separated in June 2014 with honorable discharge but under narrative reason it states unacceptable conduct. I am currently researching whether it is worth it or not to pursue a board in order to… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
Change USMC discharge violation article 125. Ideapivot USMC
change USMC discharge violation article 125. Idea(###) ###-####pivot USMC social security ####-##-#### I am not a homosexual. I was raped by a Navy man. The cicayistrust rushed me out of his office be… read more
P. Simmons
P. Simmons
Military Lawyer
35,976 satisfied customers
Can you keep the GI Bill after UA cause for administrative
can you keep the GI Bill after UA cause for administrative sepratation … read more
P. Simmons
P. Simmons
Military Lawyer
35,976 satisfied customers
I want to get out of USMC Reserves. How do I do that?
I want to get out of USMC Reserves. How do I do that? … read more
P. Simmons
P. Simmons
Military Lawyer
35,976 satisfied customers
My husband was honorably discharged in April. He has been
My husband was honorably discharged in April. He has been dishonest regarding his mental health issues and has been destructive since his discharge. He also committed adultery. Is he able to be held a… read more
LawyerDavid
LawyerDavid
Vice President & General Counsel
Juris Doctor
398 satisfied customers
I was in the Marine corps 1984-1988,(honorable discharged).
I was in the Marine corps 1984-1988,(honorable discharged). Later on I enlisted in the army reserve, with no activation. 1996-2000(honorable discharge). I have worked for 22 years in my job, I have had multiple sclerosis for 18 years. I am now on short term disability through work. I have been diagnosed since 1999. Wanted to ask if the VA would offer disibility. Or would I be SOL. Thank you. Regards … read more
P. Simmons
P. Simmons
Military Lawyer
35,976 satisfied customers
I was honorably discharged with a personality disorder back
I was honorably discharged with a personality disorder back in 2010. I wanted to see if the “personality disorder” diagnosis could be removed. … read more
P. Simmons
P. Simmons
Military Lawyer
35,976 satisfied customers
I received an honorable discharge with an re-4 code for
Hi, I received an honorable discharge with an re-4 code for alcohol rehabilitation failure back in 2006. Since my discharge I have stopped drinking and have had no further incidents with alcohol. What… read more
P. Simmons
P. Simmons
Military Lawyer
35,976 satisfied customers
I got an honorable discharge certificate but when I went to
I got an honorable discharge certificate but when I went to VA small office to get a copy of my DD214. The guy who took care of me said I had uncharacterized discharged and I have to fill out a form? … read more
P. Simmons
P. Simmons
Military Lawyer
35,976 satisfied customers
I was honorably discharged from the Marine Corps. with an
Hi, I was honorably discharged from the Marine Corps. with an re-04 reenlistment Code. I've read that it means I was discharged while being not recommended for reenlistment. Does that mean I would nee… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I have an honorable discharge for weight condition. the AF
i have an honorable discharge for weight condition. the AF doctor's diagnosed me with hashimoto disease for thyroid. It was found while on active duty as well as having asthma. Can i get this changed … read more
P. Simmons
P. Simmons
Military Lawyer
35,976 satisfied customers
Just want to see if I was honorably discharged. Stateside,
no, I'm disabled, was wondering if I could get in to the VA hospital … read more
KLAW
KLAW
Juris Doctorate
1,851 satisfied customers
A person with an honorable discharge with a separation code
A person with an honorable discharge with a separation code KGF qualify for a VA loan ? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I was Honorably discharged in 1976 under AR-635-200 Para
I was Honorably discharged in 1976 under AR-635-200 Para 5-37 SPD JGH. What is this reason? I was having anxieties issues … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I was discharged from the usmc in 2010 I was in reserves and
I was discharged from the usmc in 2010 I was in reserves and failed urinalysis however I spoke to an army recruiter who said I was waiver qualified how do I find out now … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
Was in usmc from 78-85. Honorable discharge. was reduced
Was in usmc from 78-85. Honorable discharge. was reduced from e5 to e4 njp back in 1984 in the usmc for a positive unrine test for drugs. Never did drugs in my life. Provided a polygraph showing same.… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 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