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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

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Answered in 1 minute by:
11/14/2017
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,956
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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

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Customer reply replied 6 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?

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Customer reply replied 6 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

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Customer reply replied 6 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.

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Customer reply replied 6 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.

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Customer reply replied 6 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.

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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

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Customer reply replied 6 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: 36,956
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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