What are the consequences of a general discharge from the military?
Your command will make the decision as to the type of punishment that will be appropriate (i.e. Article 15, or court martial). Of course you have the option to refuse an Art 15, but that would likely force the command to request a court martial. Either way you are entitled to consult a military defense attorney for free, I would contact them and if you can consult with an attorney who understands reserve/guard issues as well. If you were not on active duty, generally the UCMJ will not apply to drug use (even if you were positive at drill). But, if you were on active duty at and before the time of the test, UCMJ applies. It is kind of a confusing issue with the reserves / guard. Even if you were not on active duty, you can still be adsep’ed for drug use in the reserves or guard. In any event you should not make a decision to accept a general discharge without first consulting with an attorney. Ed Spinks ___________________________________ From the desk of T. Edmund Spinks, Esq. P.L. 304
