Legal Question in Military Law in New York

Article 31 UCMJ Violation

While serving active duty for the U.S. Air Force, a co-worker got caught using drugs via a random urinalysis. As a result of this, I was called in for questioning by OSI (Office of Special Investigations) regarding her case. (We were known to be friends.)They asked me questions concerning any knowledge I might have concerning her drug use. Then they asked if I had ever used drugs while on active duty. I explained that I tried marijuana once, and I'd never touched the stuff again. At that point they read me my rights and offered to contact legal council for me. I said nothing more, but was consequently administratively discharged from the Air Force. I received a General Discharge (Under Honorable Conditions), and am now going to apply to have it upgraded to Honorable. My question is, how could they use a statement against me that derived from an illegal questioning? (Article 31 of the UCMJ makes it very plain that they cannnot question anyone without notifying the person of his/her rights.) My attorney at the time said they could use my statement, just not in a court of law (Court Martial). What specific Air Force regulations allow this?


Asked on 4/17/00, 10:24 am

1 Answer from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Article 31 UCMJ Violation

It would appear that the procedure employed was correct; you were not a suspect at the time of your questioning. See: U.S. v. Booker.

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Answered on 4/25/00, 1:09 pm


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