Is my military career over if I have a positive UA? | AskTOP.net – Leader Development for Army Professionals

Is my military career over if I have a positive UA?

I used illegal drugs once and failed the urine analysis test–is my Army career over?

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Short answer:  Most likely / bordering on definitely.

During the current downsizing of the Army, every misconduct is being scrutinized.  A positive UA is a definite detractor from your career.  IAW AR 635-200 and AR 680-35 (ASAP) separation proceeding must be initiated for drug use.  If you are a first term Soldier I would say there is a 99.9% chance you will be separated.  However, the final determination is up to the Separation Authority, normally the first Colonel in your chain of command.

The only way I could see a Soldier even being considered for retention by the separation authority is if the following were true:

  1. The Soldier had no other misconduct, ever, and the positive UA was for THC (marijuana) and not a drug such as cocaine or heroin.
  2. The Soldier has an over abundance of exceptional service which would outweigh the one drug use.  Multiple deployments, purple heart, etc.
  3. Your entire chain of command up to and including your Battalion CSM and CDR recommend retention to the separation authority.

Even having said that, retention is usually not an option for NCOs. It would be near impossible to lead Soldiers, especially if you were to stay in the same unit, after having an article 15 for drug use. Not to mention the negative effect it would have on the morale, good order, and discipline of the unit. NCOs are held (and rightly so) to a higher standard than junior enlisted Soldiers.

Disclaimer: I am not an attorney and any views presented are my own and are not to be
interpreted as legal advice. Furthermore, my views do not necessarily
represent the views of DoD or its Components.

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Staff Sergeant(R) Douglas “Eck” Eckstein is a former Paralegal NCO with over eleven years of service in the Army. He has served overseas tours in Korea and Iraq. Eck served on active duty for seven years working in the personnel administration field then, after a break in service, returned to active duty in 2009 when he earned the Military Occupational Specialty, 27D (paralegal). He has worked in the Office of the Staff Judge Advocate from Division level down to unit level. He has expertise in all aspects of military law, with extensive emphasis in Administrative Law and Soldiers Rights. “I am not an attorney and any views presented are my own and are not to be interpreted as legal advice. Furthermore, my views do not necessarily represent the views of DoD or its Components.”

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    Comments

  • Will Diggity

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    Guardsman who was just contacted via personal email from readiness NCO stating he needed a copy of my prescription mess because I tested positive for codeine and morphine… I do not and have not taken either. I provided a list of my VA meds that includes hydrocodone. He just says, ‘Okay that’s all I need.’ Was he lying to try and get me to just send the RX’s, is this common? I wonder if it is even right to disclose info like this through email? Just really confused and worried my whole career is screwed because of this faulty screening. I’m calling him tomorrow and making sure he is telling the truth because that would just be impossible.

    • Eck

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      I understand the reason for the Readiness NCO’s inquiry, he just may have went about it the wrong way. In active duty Army, when a Soldier pops hot for a prescription drug, the Medical Review Officer (MRO) will review the Soldier’s medical records to determine if the Soldier had a valid prescription for the drug he tested positive for. Certain drugs can metabolize into false positives for other drugs. See this link for a reference: https://www.healthpartners.com/ucm/groups/public/@hp/@public/@ime/@content/documents/documents/cntrb_031044.pdf

      As long as the MRO confirms the positive was due to a current prescription, you will be fine.

      I hope this helps.
      Eck

  • Donny

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    I am currently in the national guard undergoing an administrative separation but just passed my ETS. My unit is not acknowledging the fact that my ETS just passed and they have not notified me that they were going to try and court martial me at all in any correspondence either email or certified mail. What should I do?

  • nba

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    Question I have a soldier who failed a ua about a year ago an has completed extra duty an it has been four months since they completed their extra duty but now they say he has to start acaping lost need help on what else needs to be done they really want to stay in besides the percentage of thc found in their system was 3 nano grams n the army policy is 12 so they were 3 nano grams over the limit which my opinion is nothing when you have people drinking and driving constantly an get breaks an get to stay in the army please help thanks

    • Eck

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      You can not compare other offenses to what your Soldier did. Each case/situation must be judged on it’s own merits. Now, a positive UA requires, IAW AR 635-200 and ASAP Regulation AR 600-85, that the Soldier be processed for separation. It is up to the separation authority, normally the Brigade Commander, to determine if the Soldier should be separated or retained. 4 – 10 years ago, during the height of the wars, this Soldier may have had a chance at staying. Now that Army is downsizing, there is little room for misconduct. As far as your reference to drinking and driving being overlooked, at one time that may have been true. Now, not so much.

      The military is taking a hard stance on any misconduct. IAW AR 600-85, any Soldier who has two DUI’s in a CAREER, or two alcohol related offenses in a year, will be processed for separation.

      The Army is taking some of the decisions out of the commander’s hands and requiring, by regulation and directive, that Soldiers with misconduct be separated.

  • SM Short timer 3 days till final out

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    SM 8 years of service no issues, and is well known as a good soldier and getting out on a good chapter, doing early voluntary separation for employment, had to use up some leave a few weeks ago and smoked marijuana with wife for about a week, for the first time since before joined over 8 years ago, figured would enjoy the holiday since all had to do upon return was to start clearing.
    During final physical the lab took some blood and a UA, (assume it is a regular drug test although it was very different than a typical unit UA, no briefing, no initialing anything, nobody viewed me so placed some pubes in there just in case not sure if that helps but figured why not, then just placed it in the little window above the toilet, SM never initialed this Lab administered UA) final out in 3 business days and start ETS leave.
    Medical support is AF and in years past has not had good communication with Army which SM is Army, even if this gets back to SM’s COC will they take action considering SM’s already ETSing/on terminal leave?
    SM figures it would be a hassle considering not only will SM be on terminal leave, but SM will be 700 miles away back home with wife and kid, starting new job.
    SM is not too worried considering this situation, but would like to hear from someone else, thanks!

    • Eck

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      While I doubt the unit will do anything if the Soldier is on terminal leave when they get the UA results, they could. Keep the following in mind:
      Even though the Soldier is on terminal leave, the Soldier can be recalled from terminal leave for adverse action and it would be the responsibility of the Soldier to get back to the unit in the ordered time. i.e. Commander revokes the Soldier’s leave and informs them they have four days to report for duty. If the Soldier does not show up, they are counted AWOL.
      Second thing I would recommend to the separation authority: Revoke/rescind the approved chapter. Now the Soldier is set back to their original ETS date. Remember, the Soldier was given an early release for work. Now the Soldier most likely lost their new civilian job.
      Third – flag the Soldier and proceed with a Field Grade Article 15 with punishment of reduction, forfeiture of pay and extra duty/restriction for 45 days. Fourth: Initiate a 14-12c chapter for “Commission of a Serious Offense” (which is required for a positive UA) with a recommendation of a Bad Conduct Discharge.
      While the Soldier, since they have over 6 years of service, is entitled to a separation board, let the Soldier try and convince a separation board why he deserves not to be discharged with a BCD since he was approved for an early separation to accept employment, he decided to thumb his nose to the commander and smoke pot before he separated. Good luck. Hopefully the board recommends separation with a BCD and this “good Soldier” now is reduced to E-1 and separated with a loss of many VA benefits and the loss of his Post 9/11 education benefits.

      Think this is a bit much for one hot UA right before he gets out? Think again, this almost exact same scenario occurred in one of my previous units. Only difference is the Soldier test positive for cocaine and they were getting an chapter to pursue college early.

      • "SM"

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        Thanks for the info!

        This UA was done during my Final Separation Physical after blood was drawn.

        Since this was taken for my physical, I am wondering if the lab on base will even be screening for drugs?

        If anyone knows please post it, thanks!

      • "SM"

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        Also, (assuming this UA was screening for drugs) how long will it take for the results?

      • Anonymous

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        Doesn’t chain of custody come in to question? Normal urinalysis tests are done with the proper chain of custody to eliminate any possibility of altered tests. I am sure a decent defense attorney could turn this on its head.

  • mrs

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    This guy I know is in the process of being admin seperated for a failed UA and has alread had his board. Now he turns up pos again and they want to give him njp should he deny it because he is pending sep already?

    • Mark Gerecht

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      Mrs.
      That is a question the Soldier should speak to his JAG about. I am not a lawyer and do not know the specifics of the case.
      In some cases the Army may view getting the Soldier out of the service quickly a higher priority than keeping him around for another Article 15. On the other hand the Army typically does not tolerate drug abuse and would more than likely prefer to send a message to the Soldier and other Soldiers in the unit that drugs are not tolerated.

      Should the Soldier refuses an Article 15 the Army could choose to offer a Summary courts martial or move straight to a Special courts martial which usually means jail time but as I stated previously only a JAG armed with the proper facts, a knowledge of the Commander’s intent, and understanding of the Commander’s previous punishments can answer this question.

      Hope this helps!
      Did you find this information useful? I appreciate your feedback!
      TOP

  • Julie Lucero

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    Help please. I am a spouse of a soldier he recently pissed hot for weed and cocaine. He is going threw the separation process now. Question is they tested him due to a anonymous caller that claimed he was selling his prescription drugs which was not the case at all! in fact he was highly addicted to them and self enrolled in asap. Well is it legal for them to give him the ua since the call was about selling narcotics? He is stressed out beyond belief he has no idea where the cocaine came from he has never done that drug (trust me I know I have been with him for 18 yrs) can some one please help me out with some type of info as to what I can do to help!

    • Mark Gerecht

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      Julie,
      This is a complicated issue that involves legal issues and I am not a lawyer. The best advice I have is to see JAG with your concerns or seek a consultation with a lawyer who specializes in military law. Most major post have an attorney who was a prior JAG or a retired JAG officer. These individuals can be very helpful in cases such yours.
      If the command was notified that an individual might be somehow involved in drugs then I believe the Commander can request the UA if they have probable cause. I believe the phone call would be probable cause.

      As far as the cocaine issues goes, this drug only stays in your system for a few days. It is possible I believe for certain pain killers to break down in the body as opiates but I cannot tell you which ones do this. However, usually the Soldier has knowingly ingested the drug.

      Based on the information you provided there is enough information here to justify a separation action even if the cocaine issue is thrown out.

      If he has 18 years of service he should be entitled to a separation board. I do not see anything in what you described that will stop the separation action. The Army is in the middle of a drawn down and they are separating Soldiers especially Soldiers with drug and alcohol related issues.

      There are certain issues that allow a Soldier with 18 or 18.6 years of service to continue on active duty until 20 years but I do not believe this situation would qualify for that exception. I believe this information can be found in AR 635-200.

      The best recommendation I have is that you find a civilian attorney with JAG experience and get a consultation with them. However before you spend money on an attorney it might be a good idea to have a heart to heart conversation with your spouse to ensure you have all the facts before you proceed. I have seen numerous cases in which the offending spouse did not come clean with their counterpart until it was all together too late.

      You can also read AR 600-85 which covers the drug and alcohol program and the requirements for self referral and limited use policy.

      AR 635-200 covers enlisted separations

      AR 600-8-24 covers officer separations.

      There maybe some information in these regulations that could be of assistance.
      TOP

  • Julie

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    Help please. I am a spouse of a soldier he recently pissed hot for weed and cocaine. Heis going threw the separation process now. Question is they tested him due to a anonymous caller that claimed he was selling his prescription drugs which was not the case at all! in fact he was highly addicted to them and self enrolled in asap. Well is it legal for them to give him the ua since the call was about selling narcotics? He is stressed out beyond belief he has no idea where the cocaine came from he has never done that drug (trust me I know I have been with him for 18 yrs) can some one please help me out with some type of info as to what I can do to help1

  • Armando

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    I made the mistake 3 years ago of failing the UA. Nothing came of it and no punishment was issued after a long talk with CSM and Batt CMDR. I am thinking about changing MOS but need a TS. Will this affect me getting a TS? I did not loose my SEC either becasue of the incident. So I do not know if its worth mentioning. If its not in my record why bring it up? Thanks….

    • Mark Gerecht

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      Armando,
      Security clearance is nothing to play with! Do not lie or fail to mention it. Doing so is a violation of integrity and a sure fire way to get denied. Now the only thing I can tell you is I have seen numerous people admit to doing some type of negative behavior including drugs and they got a clearance. The thing you have to understand about having a clearance is that the investigators are looking for anything the enemy can use against you to betray your country. If you are willing to hide it…it means you are embarrassed or not proud of the issue therefore the enemy potentially has leverage against you. The best thing you can do in my opinion is tell the truth! There is always the chance that your incident was significant enough to warrant a denial of clearance or potentially you get an investigator that is just a tough person and he recommends your clearance be denied. Either way you have to make the decision no one else. Most people realize everyone has made mistakes in their past. The key is did you learn from the issue? Can it be used against you by a foreign or domestic power to get you to betray your nation? If so there is an issue. Another factor is how long ago was the event? You mentioned that nothing happened. That is definitely an indicator that the chain of command did not find it serious for some reason…not sure why? If you came up positive it means there is most likely a record of it in the Army system. So it seems to me when they pull their database records there will be a red flag. That’s just me guessing because I have no idea what records they pull but I am sure they are in depth.

      Hope this helps

      Did you find this information useful? We appreciate your feedback!

      TOP

      • Eck

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        Armando,
        CSM Gerecht is absolutely right to be upfront about it. If you did come up positive on a UA then two things should have happened 1) you were flagged during the investigation 2) a DA Form 4833, Commanders Report of Disciplinary Action, should have been completed indicating no action was taken. In either case, both of these will show up in the system when your TS clearance investigation is conducted.

        Eck
        “I am not an attorney. The views presented are my own and are not in any way to be inferred or interpreted as legal advice”

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