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Can my Honorable discharge be changed if the orders are already set in stone? And can I still be court martialed?

Norfolk, VA |

I tested positive on a command directed urinalysis. I'm already am getting an administrative discharge and am set to get out in april. What should I do?

Attorney Answers 4


  1. You should immediately make use if the JAGs at your base legal service office.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


  2. 1. You can be placed on legal hold for court-martial prosecution.
    2. Depending on how long you have left they can initiate discharge proceedings for an OTH.
    3. Orders aren't set in stone. The one exception would be if you have fulfilled your complete contract, not just to EAOS. In which case the only legal hold is for court-martial.
    4. If court-martialed or they want to OTH then you should look to contesting this.

    www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.


  3. This is a very loaded question...lot to cover, and Mr. Cave covered most of them. But, I will stick to your two direct questions...yes, the Honerable can be changed to a Generak on a final SRB review, without a courts-martial or AdSep Board. If the command's intent is to give you an OTH or punitive discharge they will have to convene a discharge board or courts-martial. The command can place you on legal hold for a courts-martial, not for a board. Read my Avvo profile, and call if you would like a free consultation.


  4. To answer your questions 1) yes, 2) yes, 3) you should utilize your legal office (TDS) to assist you in preparing chapter paperwork arguing that you should receive an honorable/general discharge. Most likely, because you are on your way out, your chain of command will not want to delay your departure. Make sure your records correctly reflect the actual drug test results.

    This information is intended for public use only, it does not form an attorney-client relationship and it does not constitute legal advice. If you seek legal advice on military law issues, contact an military law attorney. My contact information is novalegalservices@live.com or 804-955-9867.

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