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Joseph L. Jordan
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Joseph Jordan’s Answers

4 total

  • 14-12c. Can I fight it?

    I have been in the army for just under 3 years. I got back from Afghanistan and had some trouble adjusting. I went on leave and ended up smoking marijuana. I told my first line that I had smoked and they gave me a drug test the following day. I wa...

    Joseph’s Answer

    Army Regulation 600-85 paragraph 7.3 governs this issue. The limited use policy applies as soon as you tell your first line leader. Your unit is then required to ensure that you enroll into ASAP and begin treatment through the program as the ASAP program may direct. Now, according to Chapter 9 paragraph 9-1c of AR 635-200, your Commander must make a determination that further rehabilitation is not praticable. If you fail a drug test after enrolling into ASAP, that will be enough. However, the Commander is required by the regulation to consult with your ASAP counseling team before making a final decision. So I would ask your counselor what his/her thoughts are on the matter. At this point you are between a rock and a hard place. Unless you are facing an Other Than Honorable Discharge (OTH), then you will not likely be able to fight this they way you want to. Typically units hit you with a Article 15. At that point, you would be well advised under these circumstances to turn down the Article 15 and put the Government to its burden of proof and you could litigate this case. However, the Government chose to skip on the Article 15 and just submit Chapter paperwork. In your case, the only way you are entitled to a board, is if the Government notifies you that you are facing an Other Than Honorable Discharge. If you are notified for a characterization of service of General, Under Honorable Conditions, then you are not entitled to a board because you have less than 6 years of service. Basically it is just a paper shuffle at that point. Now, you are entitled to a free Trial Defense Attorney at no expense to you who should be explaining all of this to you. One of the things he/she should be looking at is 1) the consultation between ASAP and Commander (any paperwork or memos exchanged), 2) some sort of a memo or email stating why this drug test is outside of the limited use policy, 3) did ASAP know about the new unit drug test. A lot of times ASAP will conduct their own testing and take soldier out of the unit testing process all together. THis is not an absolute rule, but I have seen it happen before. Thats all I got, I hope it helps.

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  • My husband is in the military and kicked me out of our home and literally left me with absolutely nothing!

    I am unemployed, I gave up everything for him I had a full time job before we got married last July. Now he wants a divorce. He is not supporting me at all! I'm basically homeless (although I'm back living with my parents) he's literally left me ...

    Joseph’s Answer

    Is he in the Army? Regardless of service he is required to provide you support per various military regulations. In the Army, AR 608-99 is your guideline for the type of support that you are required to get in the event of a separation. All you need to do is call his chain of command and let them know that you know you are required to receive support and that he is not supporting you. He is receiving BAH at a dependent rate meaning that a portion of the money he receives is supposed to help support you, especially in the event of a separation. Your next step is to find a Legal Assistance Attorney to help represent you in this matter. You can do so by calling his base legal shop which should forward you to legal assistance. Most Army legal offices will have a website tied to the Army Base they are on. The contact numbers will be there for you to take advantage of. You are still the dependent of a military member, and you have rights. You have the right of to support, and you have the right to free legal advice from a Military Judge Advocate (JAG)

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  • Is the military police allowed to come into a house with no one home?

    They told my friend that the front door was open but she knows it was closed. They told them the dog got out but they would not have know the dog belonged there. just need help knowing if they can enter a house without permission

    Joseph’s Answer

    The answer to your question depends on whether or not the house is on base or off base. If it is off base, then the answer is a flat no absent exigent circumstances. I cannot imagine a circumstance that would be so emergent that would require a Military Police Officer to enter an unoccupied home. If the house is on post, the rules are much the same. Generally the right to privacy still applies to on post housing. , the housing authority and Command has some limited ability to enter homes for health, welfare and safety purposes.

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  • What to do if you go awol

    I went awol 7 yrs ago, am not on the states am out of the country, I did my time on iraq an fought for my country & freedom am thinking of going back to my country but a dont want to be a prisioner that was one of the reason a fought on ...

    Joseph’s Answer

    You would be well advised to obtain an attorney if your intent is to come back home to the States. Under these facts you could be considered a deserter (Article 85, UCMJ). Desertion is one of the few crimes under the UCMJ that carries the death penalty if you deserted under a time of war. However, I am sure you have your reasons for leaving the service abruptly. Those reasons may mitigate the maximum sentence that could be levied against you.

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