Posted on Aug 18, 2017
Sgt Gabriel Benavides
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Posted in these groups: Ucmj UCMJ
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SGM Erik Marquez
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Sgt Gabriel Benavides Benavides
"What is the punishment for a SNCO who pops on a drug test. He was reduced one rank and was discharged with an Honorable discharge?"

Umm, it would appear you answered your own question... Was that the intent?
Or was there a question you had you do not already have the answer to?
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SSG Cyber Security Sme And Trainer
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I'm guessing he didn't agree with the honorable discharge, SGM.
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Sgt Gabriel Benavides
Sgt Gabriel Benavides
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I believed the zero tolerance meant OTH discharge, otherwise what is the point if all it is a reduction in rank and you can still receive all veteran benefits.
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SGM Erik Marquez
SGM Erik Marquez
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Sgt Gabriel Benavides - 12–1. Basis
A Soldier may be discharged for misconduct when it is determined under the guidance set forth in chapter 2, section I, that the Soldier is unqualified for further military service by reason of one or more of the following circumstances:
snip
c. Commission of a serious offense. Commission of a serious military or civilian offense, if the specific circumstances of the offense warrant discharge and a punitive discharge would be authorized for the same or a closely related offense under the UCMJ.
d. Abuse of illegal drugs or alcohol. Illegal drug use is serious misconduct. Discharge action normally will be based upon commission of a serious offense. However, relevant facts may mitigate the nature of the offense. Therefore, a single drug offense may be combined with one or more disciplinary infractions or incidents or other misconduct and processed for discharge under paragraph 12–1a or b, above, as appropriate.
(1) Commanders will process for separation all Soldiers who—
(a) Test positive for illegal drug use

Discharge is an administrative function, not punitive |
Punitive actions come from UCMJ...
What is this "Zero Tolerance" you speak of?
Please post the DOD, or DA memo, policy, directive, regulation that speaks to "Zero Tolerance" in drug related cases...

Id suggest you not make absolute statements like "ALL NCOS caught doing drugs should be kicked out with a dishonorable"
I can cite three cases that might change your mind, that doe snot excuse them from what they did, but Id bet most could find it in there mind to separate them without the harshness of dis honorable discharge
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1SG Civil Affairs Specialist
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Commander's discretion.
The only thing the commander does not have wiggle room on (at least in the Army) is whether to retain or not. The NCO will be discharged, but how many stripes he has and what the characterization of discharge is will be up to the commander.
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1SG Civil Affairs Specialist
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SGM Erik Marquez - That is... unfortunate.
This is a classic illustration of why the commander has discretion, and the Soldier has a right to appear in front of a board. It may still not have a happy ending, and I would caution commanders reading this that the ending are often not happy ones, but they get their day in front of the man to get a just and fair decision.
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SGM Erik Marquez
SGM Erik Marquez
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So in researching my old brain memories..
There is no Army policy I can find that is requiring automatic separation for an NCO Hot on a UA... I was remembering it wrong..

It is a decision, held at the MSC level, and the MCS policy directs how, based on Da directive guidance..See below.

Such as Fort hood policy letter #10
Which states in part
(4) If a Soldier tests positive for use of illicit drugs twice or more during the Soldiers career, or if any NCO (Corporal or above) tests positive for use of illicit drugs, the authority to retain the soldier is held by the first general officer in the Soldiers chain of command IAW Army Directive 201207. This authority may not be delegated
Then Army Dir 2012-07 states in part
"provided for in paragraph 3b(1) require a retention decision from the first general officer
in the chain of command. All separation decisions (including retention in the Army) for
specialist and below will remain with existing separation authorities. "
Which looks to be the same language used in lower commanders policy (III CORPS Policy above)
http://www.apd.army.mil/epubs/DR_pubs/DR_a/pdf/web/ad2012_07.pdf

All that said.. Pretty sure the "decision" is a foregone conclusion to separate and it would take something like what i described in the one case I knew about to get that GO to retain the SM.
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Sgt Gabriel Benavides
Sgt Gabriel Benavides
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That all sounds like the right thing to do, however this particular SNCO tested positive for Meth.
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1SG Civil Affairs Specialist
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Sgt Gabriel Benavides - Yep, 86 him. Ain't no coming back from meth.
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Capt Retired
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Seems you answered your own question.
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