I was an E-4 in the Air Force when this all took place and had been in for 4.5 years without a re-enlistment. My roommate came home, apparently I was high on LSD and he reported me to OSI. I had already been struggling with severe depression/anxiety/borderline personality disorder. A year prior to this incident I had self-identified to ADAPT due to the fact I wanted to live a sober lifestyle.
After the investigation was concluded, and I had spent 28 days at a behavioral hospital, my commander reduced my rank to an E1 and placed me on base restriction. The day the discharge paperwork was given, it was recommended that I be discharged under General Under Honorable Conditions. Due to the fact I would lose benefits, and this drug use was a cry for help (had suicidal ideation as well), I want to fight while I am still serving active duty to have my characterization be Fully Honorable. I am curious as to what avenues would give me the greatest chances of success. Thank you in advance.
You should call a lawyer that practices military law and get some good sage advice. Many of us on AVVO provide free consultations. In my experience, it's harder to go from general to honorable vice other than honorable to general - because it's considered a favorable characterization - but each case depends on the facts. Good luck.
It is important to contact an attorney who has assisted Airmen in your situation. As Mr. Stackhouse notes, many military attorneys on AVVO provide free consultations. Recommend you contact one as soon as possible.
Your time is running short. Since you don't have six years on active duty, your only way to fight this is through a written rebuttal to the base commander. You need to meet with your ADC and should seriously consider retaining civilian counsel.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
As the other attorneys note, you should contact a military attorney as soon as possible. The discharge review board process is a difficult process with a low success rate, especially for drug use cases.
The information contained in this post is intended to provide general information only and not legal advice. You should consult with an attorney licensed to practice in your jurisdiction before relying upon any of the information presented here. You are advised that any response by an attorney on this website does not create an attorney-client relationship with Korody Law, PA.
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