Posted on Sep 6, 2020
What usually happens to a Soldier who fails urinalysis?
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Of course, first answer would be subject to article 15/UCMJ, but realistically and from experience has anyone seen somebody not have any heavy punishment from failing a drug test in their unit? (National guard unit?)marijuana specially.
Marijuana
UCMJ
Legal Services
Discharge
Posted >1 y ago
Responses: 54
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Lower enlisted usually get a second chance by just being reduced in rank, losing some money, and extra duty. An NCO. Pack your bags, you will likely go home immediately or very soon.
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SMSgt Lawrence McCarter
True sometimes with lower enlisted perhaps although that hadn't always been the case. The career You have esp if a Security Clearance is involved may well be over anyway, In My earlier times, drug use You were out no matter what the rank. NCO's or Officers they can kiss their career good by and at those levels it should not be a surprise to them.
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Currently, New York is cracking down a lot of soldiers who test positive for any substances under the army drug policy. Like SSG Andrew said, it’s a Field Grade article 15. Also, the punishment depends on his record in the guard and chain of command. However, he or she more than likely will be discharged. Also, one thing that could potentially save the soldier from being kicked out is the MOS. If it is a critical demand job and only a few in the state, then exceptions can be made. Still, the backlash of such circumstances can ultimately affect any favorable actions for the forseable future.
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Have you ever been in a firefight? If you have, the last thing you want is one of your Soldiers is stoned while on patrol or on guard duty. Each person reacts differently for each engagement especially in ambush for a first-timer. When you are being pinned down by the direct fire, would you like me to laugh at you on how you curl up in a little corner, or would you rather have me do suppress fire to get you out of that corner? There is a reason why people call it a sacrifice and appreciate what we do. Not doing recreational drugs is one of the sacrifices we do, for a bad habit is a bad habit. There has been some study that showed that the long term used of marijuana slows down reaction time. This is why it is a great pain suppressant for terminally ill people.
My advice, take it like a man. Accept what is coming at you and don't ever do it again until you leave the service. "Do what you can afford to lose from your paycheck," as the saying goes.
Side note: I have never done it, not even when I am living with pain every day. But that is my choice, not to require drug to interfere with the only one thing that I can control, my cognitive function while trying to regain my emotional control.
My advice, take it like a man. Accept what is coming at you and don't ever do it again until you leave the service. "Do what you can afford to lose from your paycheck," as the saying goes.
Side note: I have never done it, not even when I am living with pain every day. But that is my choice, not to require drug to interfere with the only one thing that I can control, my cognitive function while trying to regain my emotional control.
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SSG Watis Ekthuvapranee
Oh. Then busted to E1, 45 days extra duty, 45 days pay 50% pay cut; does that sound harsh? That's the minimum I could recall.
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Chapter. Non-negotiable. Notice it says Commanders WILL
AR135-178 para 11-1
"d. Abuse of illegal drugs or alcohol. Illegal drug use is serious misconduct. Separation 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 11–1a or 11–1b, as appropriate.
(1) Commanders will process for separation all Soldiers who—
(a) Test positive for illegal drug use...."
AR135-178 para 11-1
"d. Abuse of illegal drugs or alcohol. Illegal drug use is serious misconduct. Separation 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 11–1a or 11–1b, as appropriate.
(1) Commanders will process for separation all Soldiers who—
(a) Test positive for illegal drug use...."
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PFC (Join to see), I had friend of mine in the reserves. He came into drill on Saturday we all went through urinalysis. Did not see him on Sunday or any meetings thereafter. I knew he smoked a lot of weed. Better to stay straight.
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It is still an art 15 and reduction in grade, but if the SM successfully completes ASAP, the BN and BDE commanders can recommend retention, but it is ultimately up to the TAG.
Most are discharges.
Most are discharges.
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CPT Lawrence Cable
I have never seen a TAG, or Division Commander, override the recommendations of the COC on these matter, but it happens. My experience has also been that the majority of the troops that pop hot aren't good soldiers and that the majority will make the same "mistake" again, which is why most are discharged. Old and cynical these days.
And add the enlisted need to be under the Rank of E5.
And add the enlisted need to be under the Rank of E5.
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Yes I have and even a MSgt Who had failed, It cost him His entire career and He was forced out of the service without any retirement and lost everything He had accomplished. He is in a long list of those forced out. The first step was to be relieved of all their duties and basically be put on the goon squad doing random details cleaning etc, My experience however was with active duty people primarily. In the guard and Reserve You are still in the Military, You better follow the guidelines and it doesn't include drug use. Don't expect positive results if You are too weak to refrain from that and obey the regulations of Your branch or component of the US Armed Force, Reserve or Guard. This isn't the civilian world and You are expected to remain in top condition to respond to national or local emergencies whenever You are needed and Your head must be clear and You ready for anything that may arise.
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My personal experience (apologies if this hurts) has been (and I mean every time), discharge.
Doesn’t mean that I stopped caring about my folks, but...it is, and has always been, a no go.
Doesn’t mean that I stopped caring about my folks, but...it is, and has always been, a no go.
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I processed many Capt's Mast (Art-15) for drug offenses. Also counseled those who tested slightly below the acceptable level. I enlisted in 1979. Drug use was rampant. Reagan and the drug war started the crack down on drug use. All petty officers and commissioned officer are federal law enforcement officers. CG cannot allow drug use by those who are supposed to enforce the law. Test results are pretty cut and dry.
The investigating officer can explain what happens to a first time violator. He/she probably has gone through numerous hearings and knows the command's attitude.
The investigating officer can explain what happens to a first time violator. He/she probably has gone through numerous hearings and knows the command's attitude.
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LTJG Richard Bruce
Uncle Sam collected gallons of my precious bodily fluids. There were few exceptions where the command granted grace. Once, soon after a controlled burn at Maritime Law Enforcement Academy. To enhance credibility in court, boarding officers had to "sense" marijuana and handle other illegal drugs in a controlled environment. Another time, I served as custody crew on a nine ton seizure of MJ. I spent two days surrounded by MJ and spent the night sleeping on bales. I handled many quantities of MJ and cocaine. Even if I was tested immediately, the measured levels would not reach the cut-off of disciplinary action. It takes effort to meet the below levels.
Cut-off levels for screening tests (EMIT and IA):
Drug / ng/ml
500Morphine/Codeine2000Phencyclidine (PCP)25
Marijuana (THC) 50
Cocaine (BZE) 150
Amphetamine/Methamphetamine (MDMA, MDA, MDEA) 500
Opiates Oxycodone/Oxymorphone 100
6-monoacetylmorphine (heroin) 10
Studies have revealed that one joint produces 150 to 200 ng/ml concentration of THC-COOH. The smoker's urine will have this amount in his/her urine four hours after smoking. This means that 50 ng/ml should be near one third or one quarter of a joint. However, it depends largely on your weed potency.
The metabolite of cocaine, benzoylecgonine, is screened by most of the testing labs. This shows in urine till 3 to 5 days, or even a month if the dose intake was heavy.
Cut-off levels for screening tests (EMIT and IA):
Drug / ng/ml
500Morphine/Codeine2000Phencyclidine (PCP)25
Marijuana (THC) 50
Cocaine (BZE) 150
Amphetamine/Methamphetamine (MDMA, MDA, MDEA) 500
Opiates Oxycodone/Oxymorphone 100
6-monoacetylmorphine (heroin) 10
Studies have revealed that one joint produces 150 to 200 ng/ml concentration of THC-COOH. The smoker's urine will have this amount in his/her urine four hours after smoking. This means that 50 ng/ml should be near one third or one quarter of a joint. However, it depends largely on your weed potency.
The metabolite of cocaine, benzoylecgonine, is screened by most of the testing labs. This shows in urine till 3 to 5 days, or even a month if the dose intake was heavy.
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AR 600-85 - "Soldiers who test positive for illicit drugs for the first time will be evaluated for dependency, disciplined, as appropriate, and processed for separation within 30 calendar days of the company commander receiving notification of the positive result from the ASAP in accordance with paragraph 10–6 of this regulation."
10–4. Administrative and Uniform Code of Military Justice options - this is your ART 15 but ...
c. Mandatory administrative actions include the following:
(1) Commanders must initiate suspension of favorable actions (Flags) on all Soldiers who engage in the misconduct described in paragraphs 10–6a and b in accordance with paragraph 10–6f.
(2) The commander must initiate administrative separation in accordance with paragraph 10-6. The retention/separation authority will decide if the Soldier is retained or separated.
A Soldier can be discharged, it depends on the chain of command.
10–4. Administrative and Uniform Code of Military Justice options - this is your ART 15 but ...
c. Mandatory administrative actions include the following:
(1) Commanders must initiate suspension of favorable actions (Flags) on all Soldiers who engage in the misconduct described in paragraphs 10–6a and b in accordance with paragraph 10–6f.
(2) The commander must initiate administrative separation in accordance with paragraph 10-6. The retention/separation authority will decide if the Soldier is retained or separated.
A Soldier can be discharged, it depends on the chain of command.
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