Can you get a dishonorable for a failed UA and pattern of misconduct? stateside but on training deployment at the moment

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Customer: Can you get a dishonorable for a failed UA and pattern of misconduct?
JA: Are you overseas or stateside?
Customer: stateside but on training deployment at the moment overseas.
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: Honestly, not necessarily.. I’ve had brief not so nice conversations with certain chains of command about it with them saying that it’s possible most likely out of anger.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Just a UA thats most likely positive due to second hand smoke. And a “pattern of misconduct.”
Answered by JKEsq in 1 min 7 months ago
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JKEsq
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JKEsq
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JKEsq
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JKEsq, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service.

I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly.

You want to know if you can get a dishonorable discharge as a result of this?

Customer
I appreciate you Jon, Im just to the point where i don't understand why i would get a dishonorable.. like im not that bad of a person ‍♂️
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JKEsq, Expert

Got it! I believe I have everything I need, but was there anything else you’d like to add before I answered? If not, I can begin working on your answer.

Customer
I have a couple of Failure to reports and what they might say is a bad track record.. i have had a couple of encounters with my leaders but also i have been nothing but depressed since ive been in for almost 9-10 months now fresh from basic, just got to my duty station this October. And already make a few mistakes that were not intentional. It was just the inconvenience of the situations.
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JKEsq, Expert

I’m sorry to hear about your issues here, hopefully, we can get them solved quickly.

Failed drug tests come with different complications. The usual outcome is a dishonorable discharge but there have been cases that lead to other forms of discipline.

Drug use is often labeled as “serious misconduct.” This can lead to military discharge, including a Bad Conduct or in extreme cases a dishonorable discharge. In addition, being discharged for a drug offense renders you ineligible for reenlistment in any branch of the Armed Forces.

Hiring an attorney is the best way to secure an aggressive, well-prepared defense against any drug charges you may be facing. The two most successful angles include:

  • Issues with the sample collection and testing procedures: Your lawyer must address the evidence presented by the prosecution to formulate a winning defense. In a majority of wrongful use cases, urinalysis results make up part or all of the evidence. However, it has been shown time and again that these tests are not always accurate. Your attorney may be able to argue in favor of contamination, mishandling, or other unknown factor leading to a false positive.
  • Innocent ingestion: To arrive at a guilty verdict, the prosecution must prove that you knowingly ingested the drug. This defense strategy involves demonstrating that you were slipped the drug or didn’t know that what you were ingesting was illegal. The circumstances surrounding when, where, and what drug was consumed may support such a defense.

So you should hire a lawyer and not just accept the NJP (or court-martial without a lawyer). But yes, if you are found guilty then dishonorable discharge is the result since it is a bad conduct discharge from the military. Dishonorable has nothing to do with what kind of person you are but the conduct that led to the discharge.

Please let me know if this has answered your question fully. I hope this information is helpful to you. If you need additional assistance or have follow-up questions, please reply to my message below, and I will respond as soon as I can.

Customer
Moat definitely make sense.. but i was told that it can be on the record for about 6 months then be switched automatically to a general or other than honorable mentions.. is that a possibility?
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JKEsq, Expert

It may be possible to upgrade your discharge later on but that is a different topic once you deal with the actual issue here.  That is a totally different process once you leave the military to upgrade a discharge.  I have not heard of automatically upgraded, no.

Do you have any other questions on this specific question and topic for me right now?? Please do let me know.

Customer
could you get a dishonorable for just a pattern of misconduct?
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JKEsq, Expert

Yes you can, you should get an appointment withJADG/trial defense services ASAP.

Customer
Liked “It may be possible to upgrade your discharge later on but that is a different topic once you deal with the actual issue here. That is a totally different process once you leave the military to upgrade a discharge.Do you have any other questions on this specific question and topic for me right now?? Please do let me know.”
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JKEsq, Expert

Was there anything else at this time that I can answer?

Customer
Appreciate you alot, Blessings
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JKEsq, Expert

Great! You're very welcome and it was my pleasure.

It was my pleasure to work with you and help with your question. If you ever need to reach me in the future, you can post a new question with the title "ForCustomer or just add me as a favorite Expert. You'll have the option to do that on your "My Questions” page.

Have a great rest of the day!

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