Posted on Jul 21, 2020
PFC Robert Cummings
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I was getting a medical discharge but due to the paperwork process taking a very long time I ended up failing a drug test and got in to some trouble and ended up with BCD. That’s not an excuse but I wanna find out if I can fight it. I serve the community as an EMT and a volunteer fireman. Is it possible?? I was getting medical discharge before the incident in question!
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SSG Roger Ayscue
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PFC Robert Cummings , What part of smoking dope is against the Law and against Military Regulations did you not understand?
I read what you wrote and the replies you have received from the Officers and Noncoms that took time to reply. You have to admit it is a bit ugly. Remember the Board of Correction of Military Records, the board that will consider your request is made up of people like us... Career Military Leaders that have served honorably and by the regulations. So if you are going to submit this, you need to come up with a better story than "It was the fault of the Marine Corps because they took too long and I got bored."
That is the fact and is like the little kid that smashed all his parents stuff and then blames his mommy because she was not home to stop him and he got bored.
I am being specifically hard in this reply, showing no mercy because the board is going to do that as well, you need to be ready for that.
By the way, in the history of the Board of Correction of Military Records, I can not find one example of a characterization of Discharge that was upgraded.
You used drugs while on active duty, you got caught and you got your Big Chicken Dinner, which was I believe well deserved.
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SSG Intelligence Analyst
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You can hope and pray, but you deserve no better than a bad conduct discharge
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MSG Intermediate Care Technician
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Yea, you can hope on a wish and a prayer. Don't expect an upgrade, though. A BCD is given at a Court Martial and is sometimes followed by prison time. If the courts found you guilty, and you were given the BCD via the jury and judge, then the evidence was there to convict you.
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I received a BCD, what can I do about my discharge?
MSgt Robert Davidson
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You were still under UCMJ, until you received your walking papers, so you really have no leg to stand on. But, thank you for serving your community as an EMT.
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Were I on the review board, you'd get a no vote.
Sgt Steve Williams
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I didn't see anything in your post that indicated there was some actual mistake made in the evidence or process. You appear to have the BCD for valid and accurate reasons. Delays in the process are no defense.
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You can begin at the DRB and then to the BCMR if you feel you were wonged; your case won't be considered by the Court of Federal Claims, you were ultimately in the wrong, good luck!
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If you failed a drug test and got separted in a negative manner due to failing the drug test, it seems as though your separation fits your actions. What separation do you believe you should receive?
PFC Robert Cummings
PFC Robert Cummings
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I was in a medical separation platoon and was in that process for a long while. Then I ended up failing a drug test. Idle hands! Was just waiting for the paperwork to get processed but I was going through some mental issues at the time as well!
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I understand that you were waiting for a medical separation, but you did fail a drug test and your discharge is based off of that. I’m not taking away from your situation or any reason that you decided to do drugs...but my main point in this is the fact that you failed a drug test and your separation matches that. The reasons you failed the test are your reasons, but that doesn’t mean they justify giving you a better discharge. PFC Robert Cummings
PFC Robert Cummings
PFC Robert Cummings
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I guess I will fill out the paperwork and see what happens! Thank you for your opinion!
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PO1 Mark Koenig
PO1 Mark Koenig
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PFC Robert Cummings - Hold on. If you can show in your medical records or prove you had some mental or emotional issues that contributed to your drug use, you may be able to argue that your military service cause say...depression and you self medicated with a drug of choice.

One of the only ways to be spared the default actions from a failed drug test is you would have already informed your command of your issues.

The other way to survive this would be if the review board wanted you alive.
If no one voted to keep you, then I would say that is what your DD214 showed.
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MSgt Electrical Power Production
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MSgt Electrical Power Production
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