Legal Question in Military Law in Texas

failed urinalysis

I am currently in the Marine reserves. 5 months ago I failed a random urinalysis. However I passed another random urinalysis the following month. Was told to keep coming to drill until a decision was made about what to do with me. Have gone to every drill, including the ones after the failed test. While I have several recomendations from my unit, my commander says the chances of not being discharged is not good. As of today, no decision has been made, other than being dropped a rank. Is there anything that can be done to stop from being discharged? Ultimately I would like to go active.


Asked on 10/07/05, 9:25 pm

1 Answer from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: failed urinalysis

The fact that you failed a urinalysis requires your commander to process you for separation from the Marine Corps with a recommendation for an "other than honorable" characterization of service. He has no choice. There is a Marine Corps order that directs him to do it. You will have a right to a hearing before an administrative discharge board. You will be permitted to contest the validity or the accuracy of the urinalysis, and argue that you should be retained in the service. If you elect to do that, you will be detailed a military attorney to represent you. You should discuss your case fully with that attorney, in order to give yourself the best chance at winning your case and staying in the Corps.

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Answered on 10/07/05, 10:17 pm


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