Military Law

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What is Article 112A?

Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States or introduces into an instillation, vessel, vehicle or aircraft used by or under the control of the armed forces a substance described in section (b) shall be punished as a court-martial may direct. When people are faced with situations like this, they can ask the Experts for advice. Read below where Experts have answered Article 112A questions.

If someone was charged with Article 112A early on in his/her career is he/she able to re-enlist?

What a person is charged with is less important than how he/she was discharged. What matters here is the reenlistment code. If someone received an RE 3 or 4, it’s going to be exceedingly difficult for them to reenlist, because an RE 4 is not waiverable and, while an RE 3 is waiverable none are being granted right now. If the person was discharged as part of this charge, then they most certainly have either an RE 3 or 4 (which can be found on their DD Form 214).

Will a charge of Article 112A by an Air Force court martial show up on a person’s background when applying for an administrative position?

Yes, it will show up. It should be in the NCIC (National Criminal Database), so it will show up on a background check. The DD 214 will be required to be disclosed to the employer. Whether or not you got hired would depend on your competition and the rest of your resume. The conviction certainly will not help. Show you are a good employee and you will only move up from there.

What can a member of an E3 in USMC do if a Marijuana test comes back positive?

If the test comes back positive for Marijuana the marine will face either non-judicial punishment or court-martial for violation of Article 112A. Whether he goes to NJP or court-martial depends on his history of service, whether he has been in trouble before and the attitudes of his Command about him and military justice issues. The marine could also be processed for administrative separation. That too though depends on the attitude of his command, especially how they feel about drug use. Some commands would give a junior enlisted a second chance and some won’t.

If someone fails a U/A for the National Guard what are their consequences and options?

The consequences are their command can prosecute the service member for the violation of UCMJ Article 112A. This can be done at court-martial or administratively through Art 15, NJP. Command can also begin proceedings to separate the service member administratively with other than an honorable discharge (OTH).

What is the worst/best case scenario if a military member, in the process of ETS, has tested positive for cocaine?

Best case is that they just let you go, unlikely though. More commonly, they stop your ETS and process you for non-judicial punishment and a punitive discharge, meaning at least General Discharge

Worst case scenario, also unlikely, is that they decide to court-martial you under Article 112A, for use and possession, dishonorable Discharge, forfeiture of all pay and allowances and confinement five years. 

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