Can my unit call me back in for a failed drug test?

2022-06-30T15:34:47-04:00

Before anyone gets on here saying “why you’re using drugs in the military” etc. I know I F’d up. So the story is I came down on orders to report to my new unit July 10th 2022 in Germany, my PCS Leave dates are from June 7th till July 10th. My company did a UA on may the 30th. So this Monday I get a call from my first sgt while I’m on my PCS leave saying that I need to come in time now and I came up hot from the UA and that my leave is now being stopped and my orders are going to be cancelled. I told him I’m in California and that I currently have no money to buy a ticket back. After I told him that he told me I have 72 hours to report back or it’s going to be worse. After ending the phone called I talked to a nco that I’m very close with he told me I F’d up and gave me the whole speech but he told me once I’ve cleared he doesn’t think they have no jurisdiction over me anymore. So basically of right now my 1st sgt , platoon sgt and commander have all called me in a total of 47 times today with all kinds of messages saying how if I’m not back by 1700 today it’s more consequences. Also my 1st sgt sent a message to me saying if I report to my new unit he’s going to call them and have them send me back. I don’t know what to do I look on my erb it’s still showing me reporting and no one has contacted me outside of my old unit, I’ve talked to my sponsor today from the unit I’m going to (friend of my that was in my previous unit and is now at the unit I’m going to) to see if anyone there has said anything and he said nothing has came up and he doesn’t even think their tracking what do I do?

Response by SFC Private RallyPoint Member made Jun 30 at 2022 4:15 PM

2022-06-30T16:15:14-04:00

You belong to your unit until you sign in to your next unit. Your Commander can revoke your leave at any time. Whatever loophole you're thinking you may be able to escape, you'll only cost yourself even more money and trouble.

The moment you fail to return, your commander can/will report you AWOL. You will show up to your new post in an AWOL status, you'll be required to fund your own way back - or be transported in handcuffs - and you will not be paid for the time you're AWOL.

Your new unit won't be tracking anything that happens to you, and they have no authority over you until you show up. If you make the mistake of showing up, HRC will revoke your orders and will direct the post to un-arrive you. Your Brigade Commander will contact your gaining Brigade Commander, and most likely the Division Commander and the Division JAG, who will support sending you back to your unit, since you will be AWOL and that's not extra work anyone wants. Or, they arrive you in Germany and immediately process your UCMJ and kick you out from Germany immediately, which is even worse

So, you would find this easiest to just report back to your unit now.

Response by SSgt Christophe Murphy made Jun 30 at 2022 4:47 PM

2022-06-30T16:47:33-04:00

Your leave dates are June 7th to July 10th and you are being recalled because you popped on a urine test? That's completely within your Units playbook to do. Depending on what you popped for you most likely aren't going to Germany or not in the near future at least. You need to return to your parent unit and face whatever is coming. Anything outside of that will be worse for you.

Response by CPT Private RallyPoint Member made Jun 30 at 2022 4:54 PM

2022-06-30T16:54:01-04:00

Popping hot for drugs and leaving one unit for the next is not going to "save you" from anything.

So that said...... what you don't want coming is coming. The question is how many other things will they be able to stack onto it.

You're best chance is to just report as you are being ordered and fighting the fight from there. Otherwise you involve Birds and Stars and additional UCMJ violations.

There is a momentum of administrative ass covering from your outgoing chain of command. Your ass is their kindling. Popping hot and getting annotated in the system as such with a documented trail of testing, soldier signatures and independent lab verification is something not even a general can ignore and just let slip by.

There is going to be an audited accountability of what actions were taken against every single soldier that fails a UA.

I can assure you, your 1SG and Commander are not going to end their careers over you. Even if they did, your Battalion Commander wont. Even if he did your Brigade Commander wont.

Following???????????????

Response by CSM Richard StCyr made Jun 30 at 2022 5:19 PM

2022-06-30T17:19:26-04:00

Had a similar incident happen in the 90's at Lewis. We just forwarded the drug info to the Soldiers gaining unit (Korea) and followed up with the gaining command. Cancelling orders while someone was en-route didn't seem wise, a whole bunch of second and third order effects. We would have had issues with SATO, the troops advanced travel pay and the Soldiers household goods having already been shipped.
Our decision was based on it not mattering who handled the issue as long as it was handled.
That was the 90's though and we didn't have the luxury of reaching out and making 47 threatening texts, sending 20 e-mails and 3 messages attached to carrier pigeons.
Contact JAG and ask the experts. Commanders have many options when dealing with these issues.

Response by MSG Thomas Currie made Jun 30 at 2022 5:35 PM

2022-06-30T17:35:38-04:00

Yes, your unit absolutely can recall you. There's no reason why your next unit would know anything about this until they get notified that your orders have been cancelled -- which will take a little while to be processed, but those orders WILL be cancelled well before your reporting date. Your new unit won't know or care why your orders were cancelled.

If you really are away from your unit and really don't have the money to return, you can turn yourself in at the nearest military installation and they will arrange to have you returned to your unit, just like any other AWOL soldier pending disposition of the charges against you.

Response by SGT Private RallyPoint Member made Jun 30 at 2022 6:25 PM

2022-06-30T18:25:23-04:00

Update: So I’ve been contacted by the brigade commander to come back now so I’m going back, the tricky thing about this is I reached out to a JAG rep to see if the unit can call me back and the JAG rep told me they can. So after the phone call I looked over all my paperwork and everything only to find out that I received my installation final clearance stamp on 28may2022 signed and dated and shortly after received the UA 30may2022 so I instantly contacted JAG to let them know of the dates after the JAG rep told me to give him a sec and hung up around 40 minutes later I got a call from a LTC at my duty station JAG office and basically she told me is if the UA was for Suspension the commander would have to let me know if it was and why (only time I’m authorized a UA after clearing the unit). If it was random (which was stated in the brief) it would be impossible for the upl have put my name on there since the commander put his signature stating that I cleared the company. He also stated when a upl does the drug test it has to be from an updated (24 hour) roster of the company (if my name was in the random selection it is not a true 24 hr updated roster). what the LTC told me is soon as I come back come see her ASAP soon as I sign back in and any counselings I receive (which I will receive of me failing my drug test stated by my 1st sgt) put disagree and write in the comments “unauthorized UA” and ask for a copy (they will have to put the date the ua took place which was 30may2022) and bring it straight to her with my clearing papers showing the date I received my final stamp and if that date is correct JAG will kick the UCMJ back instantly letting my brigade commander know why and 10/10 my brigade commander won’t risk appealing the kicked back UCMJ to save her own a** but my unit commander, upl and 1st sgt will be in deep sh*t. Thank you all for the answers and everything I know I F’d I’ll say that again but I’m just happy that I’m good, once I get to Germany I will enroll into the drug classes instantly and become a better soldier. Thanks to everyone.

Response by MSG Private RallyPoint Member made Jun 30 at 2022 11:31 PM

2022-06-30T23:31:06-04:00

You're a dumbass. And even after reading your update, you're still a dumbass. Let this very very lucky lesson be learned from.

Response by SFC Private RallyPoint Member made Jul 1 at 2022 12:58 AM

2022-07-01T00:58:07-04:00

So you received your final out stamp from the post on a Saturday? That seems unlikely, it sounds like your dates are mixed up. Also seems strange for a unit to do a UA on a federal holiday, but not impossible.

More importantly, your leave started 7 June. You can't final out and sit around unaccounted for, for 10 straight days, you belong to someone during that time, and that someone is authorized to UA you until you go on leave.

Maybe some loophole will save you, but it doesn't look like it. I would not expect to continue on to Germany after this is over, either. As SGM Erik Marquez pointed out, JAG advises the Command and has no command authority to pursue or refuse to pursue UCMJ. Your commander can just as easily decide to pursue UCMJ in order to maintain good order and discipline because they feel that you getting away with a loophole will encourage drug use in other Soldiers. Then you'll be faced with the choice of accepting the Article 15 or hiring a lawyer to argue a court martial.

You will be flagged during the investigation. JAG cannot stop this, flags are administrative, not legal, and JAG has no command authority. You can take it to IG and they will refer you to the regulation that states commanders MUST flag for the duration of military and civilian investigations. When you are flagged, your assignment will be deleted. If branch put you on the assignment, you can contact them for a new one. If you reenlisted for the assignment, the only way to get it back is for the Company Commander to write a memo stating the flag was cleared favorably and you never should have been flagged. Otherwise, HRC considers it as you violated DAP Pam 611-21 Table 3-4 Line 5, where it says you MUST remain fully eligible for reenlistment until you arrive at your new duty station

Response by SMSgt Bob Wilson made Jul 1 at 2022 11:25 PM

2022-07-01T23:25:23-04:00

Technically, your old unit is responsible for you until you report to your new unit. If your new unit had been in California, I would have told you to sign in there and let the chips fall where they may. Since you a going overseas, you have two issues: [1] You COULD be held at the point of debarkation. POSSIBLY sent back to your old unit. OR allowed to go to your new assignment. [2] Report to your new unit and POSSIBLE action taken there [that would result in a bad first impression]. Have POSSIBLE additional charges against you [failure to obey a lawful order]. OR the test results gets lost in the mail.

Response by CSM Darieus ZaGara made Jul 3 at 2022 3:09 PM

2022-07-03T15:09:27-04:00

Your NCO gave you some very bad advice. SFC Boyd has laid it out very well. Report back to your unit asap. Trains are cheaper than planes and busses are cheaper than trains.

Response by SFC Michael Hasbun made Jul 5 at 2022 5:32 PM

2022-07-05T17:32:30-04:00

Your Commander can revoke your leave at any time.

Response by SSG John Naquin made Jul 13 at 2022 11:47 AM

2022-07-13T11:47:04-04:00

After enrolling yourself make sure you sorround yourself with the right people so this does not tempt you again. Good luck

Response by SGT Geman Lopez made Feb 29 at 2024 12:54 PM

2024-02-29T12:54:14-05:00

What