Legal Question in Military Law in Texas

Awaiting Discharge

I am currently in the Marine reserves. Last May I failed a random urinalysis. I was told to continue reporting for drill once a month until they figured out what they wanted to do with me. Does it typically take over 7 months to process a discharge? Is there any chance I might be allowed to continue to serve? What are the next steps in this process? If I argue the validty/accuracy of the test what are my chances of staying in the Corps? My preference would be to go active duty but not knowing what's happening has put my life on hold.

Asked on 1/07/06, 2:44 pm

1 Answer from Attorneys

Neal Puckett The Law Firm of Puckett and Faraj, PC
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Re: Awaiting Discharge

Yes, it can take that long for the Reserves to get administrative actions done. You will NOT be allowed to either go active or to continue to serve. Separation processing is mandatory and you will be separated, most likely with an other than honorable discharge. But in the meantime, you still need to follow orders and show up whenver they require. Better to be administratively separated than to face court-martial conviction and possible jail time on multiple charges.

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1/07/06, 3:09 pm

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