I got kicked out of army but I never pissed hot can they do that?

Jacky D
#1. September 18th, 2009, at 9:26 AM.

hard situation, however if you admited to using drugs during the service (was it during service?) then you got no chance. If it was outside service then you can claim that you life before the army has no effect on your duty.

In these situations its best to talk to a lawyer.

OIFV79
#2. September 21st, 2009, at 12:13 AM.

Well I don’t believe the army core values should have had anything to do here. Fact is even in the military, you have rights to include the right not to self incriminate. Fact is you admited it, its admissable and you got booted out, which they can and did do.

If you ever find yourself in a situation where you’ve been read your Uniform Code of Military Justice Article 31 rights — the equivalent of a civilian’s Miranda rights — here’s the first thing you need to do:

Shut your mouth and request a lawyer.

Next, did they read you your rights? if not you could request that your admission be inadmissable. CID is very good and I am sure they did everything right.

As for your code 4, you would most likely need to fight that drug charge and get it thrown out. Read the article below in full. It has all of your rights and gives you info on if your questioning was legal. If you think you have a valid defense, contact a JAG attorny.

Admit nothing. Deny everything. Demand proof.

7 of 9
#3. September 21st, 2009, at 8:36 AM.

Interesting, my unit once thought I was put in the unit to spy on drug users, I never understood why, I never drank, but talked like a sailor and never partied (np pne would go out with me to the club and I didn;t want to go alone) but I was a party animal, if I could just find some friends to drink with.
There has to be a JAG unit on a post or Base near you, I would talk to them. They would know whatyou need to do.

John
#4. September 22nd, 2009, at 12:24 PM.

Actually they can discharge you for just admiting to using illegal drugs. This was a change that they made in the UCMJ back in the mid 1980s. Prior to that and the Vietnam era half of America had experimented with marijuana or other drugs and if you were asked and you responded yes and gave all the details and it was an “experimentation” on your part then you were not classified as a user. You also have to remember that this was all during the era of “free love” the war and all its subsequent social and political upheavels and changes. Knowing more about drugs and their affect on people they stopped accepting “expermentation” and made it totally illegal. They even during the 70s and early 80s had a drug rehab and retraining program and you could stay in and get a different job and be trained for it if you were caught with certain drugs and under a certain amount. That all changed in the mid 80s as well and those programs were discontinued.

rsl1489
#5. September 23rd, 2009, at 1:27 AM.

Sorry mate, they dont need the drug test if you admit to it especially not cocaine. what they did is perfectly legal. your recruiter should send in the waiver should you decide to get back in but its at they’re mercy. good luck man hope the best.