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:
- The Soldier had no other misconduct, ever, and the positive UA was for THC (marijuana) and not a drug such as cocaine or heroin.
- The Soldier has an over abundance of exceptional service which would outweigh the one drug use. Multiple deployments, purple heart, etc.
- 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.
Comments
Rafael Mendez
Hoping this site is still active. Can you be cleared from a failed UA that occurred over 2 years ago, which was closed and my MFR indicated case was closed “no further actions will be taken”. Then same office comes back stating the SM who released the MFR screwed up and shouldn’t have cleared me? That it was just a mistake, and now are reopening my case and processing me for separation? Now I’m AGR potentially being kicked out…
Mark Gerecht
My apologies for the delayed response. I would suggest you obtain a civilian lawyer that has past experience as an Army JAG. They would be normally be the best to assist you in this type of matter. Without having the details it is hard for me to comment further. On another note please stop by our YOUTUBE CHANNEL Mentor Military as it has tons of information on these type subjects and much more. If you like what you see please subscribe and tell your network. Respectfully TOP!
Luis
My CO wrote up a separation packet for serious misconduct. One of the situations occurred prior to my entry into the service, but it was labeled bad. My parents and I had a fight, in order to get me to leave their house, they filed a restraining order, now it’s on my records as a Domestic Violence Charge. Fast forward, my ETS (8 years) is approaching this December, and I reach out to the BC, CSM regarding the separation packet. They tell me they will allow me to ETS on my ETS date and notify my CO, who in turn, has my first line write up the counseling that states they will allow me to ETS in December. Moreover, I received an ETS checklist. I forwarded this to my JAG attorney and everything seemed resolved. Fast forward to yesterday, my attorney calls me, and my attorney tells me that the prosecutor reviewing the case is still pursuing a board for an OTH separation. Can this be done? I spoke to the BC, and the CSM..Can they just go back on their word, on the counseling?