No, a positive drug test is not always grounds for a dishonorable discharge. Depending on the particular branch of service, a positive drug test can range from a verbal or written correction all the way up to a court-martial or administrative discharge.
Typically a positive drug test will result in some sort of disciplinary action; however, a dishonorable discharge is reserved for the most egregious offenses and is not considered an appropriate punishment for drug use alone.
Table of Contents
Do you get dishonorably discharged for drugs?
Yes, individuals in the military can get a dishonorable discharge for drug use. Drug offenses can range from the possession of illicit drugs to the improper use of prescription drugs. It is important to note that if you are convicted by a court-martial, you can also receive a bad conduct or a dishonorable discharge.
In addition to the dishonorable discharge, there are mandatory punishments associated with drug offenses. This could include a reduction in rank, forfeiture of pay and allowances, confinement, or a combination of these.
Furthermore, in the event of multiple drug convictions, individuals can be tried for the highest-level offense that carries the most severe punishment. A dishonorable discharge is a permanent record and it goes on the individual’s military service record, so it can have a lasting impact on that person’s life.
What happens if you test positive for drugs in the military?
If you test positive for drugs in the military, you may face disciplinary action that could include anything from reduction in rank, fines, withholding of privileges, extra duties or even a court martial depending on the severity of the violation.
You could also be discharged from the military, either voluntarily or involuntarily. For example, members of the military who test positive for illegal substances such as cocaine, heroin, amphetamine or opium face mandatory administrative separation and could receive a dishonorable discharge.
In addition, military personnel who test positive for performance-enhancing drugs, such as anabolic steroids, may also face punitive action. Depending on your command and the extent of your violation, you may also be provided with resources to help you recover and overcome the problem.
For instance, you could be offered counseling or rehabilitation programs to help you get back on track.
Can you get a general discharge for failing a drug test?
Yes, it is possible to get a general discharge for failing a drug test. A general discharge is a form of administrative discharge that is issued when an individual’s service record is considered to be satisfactory, but not sufficiently meritorious to warrant an honorable discharge.
A general discharge may be issued in cases of misconduct, drug abuse, or other serious offenses. Specifics differ between each of the branches of the military, but in general, if an individual tests positive for certain illegal drugs and the commanding officer deems it is in the best interest of the service, the service member can be given a general discharge.
Generally speaking, it is not beneficial to receive a general discharge. It carries a stigma, and may carry implications for future employment and education opportunities.
What happens if someone in the army fails a drug test?
If someone in the army fails a drug test, the repercussions will be based on the level of drug use indicated by the test results and the individual’s record of prior offenses. Generally, the Army considers drug use or possession to be a serious crime, so the punishment can be severe.
Depending on the severity of the violation and the extent of the individual’s history with drug use, punishments can range from a letter of reprimand to a court-martial, which can lead to dishonorable discharge.
A failed drug test can also lead to an assault or battery charge if the individual is found to be under the influence while on duty or in uniform. Depending upon the circumstances, an individual could also face administrative separation or administrative discharge as a result.
In a worst-case scenario, an individual can be confined to a military prison for up to seven years.
It is important to note that the Army also considers other factors when determining the appropriate course of action for a failed drug test, including the age of the individual, their rank, the context of the offense, the availability of rehabilitative services, and any extenuating circumstances.
A military lawyer may be able to provide more insight into the consequences associated with a failed drug test.
How do you get out of a failed drug test in the military?
Getting out of a failed drug test in the military is not possible. The military has a zero-tolerance policy regarding drug use, and any drug test with a failed result will carry serious consequences.
Depending on the branch of the military, these consequences can range from a dishonorable discharge, to a reduction in rank, to confinement. Generally, the results of a drug test are final, and there are no appeals or other options for those who have failed.
Additionally, the consequences of a failed drug test are not restricted to only the person who has tested positive. The military promotes a healthy and drug-free lifestyle and punishes any attempts to circumvent the system.
This means that anyone associated with providing, selling, or using illegal drugs can be punished as well.
The best way to avoid the consequences of a failed drug test is to never use illegal drugs in the first place. Not only is illegal drug use a violation of the military’s code of ethics, but it is also illegal, so abstaining from such activities is essential for all members of the military.
How do you beat a positive military drug test?
It is not possible to beat a positive military drug test. It is illegal to use illicit substances in the military, and if a person tests positive for drugs, they may face serious consequences, including a dishonorable discharge.
To avoid testing positive for drugs, it is best to avoid the use of illicit substances. It is also important to be aware of any medications that a person may be taking that could potentially cause a false positive drug test.
If this is the case, it is important to inform the laboratory prior to the test so that any potential false positives can be avoided. Additionally, understanding the consequences of testing positive is important as serious sanctions may be imposed.
Will you get kicked out of military for drugs?
It is possible to be kicked out of the military for drug use depending on the nature of the incident. Military personnel are prohibited from using drugs, possessing drugs, and trafficking drugs, as well as using non-prescription medications for sleep or anxiety.
Penalties for violating these regulations range from a written reprimand or a court martial, to loss of rank, reduced pay, and even discharge from the military. Depending on the circumstances of the violation, the service member may receive an administrative discharge or a punitive discharge.
Administrative discharges, such as an Other Than Honorable or Dishonorable, are typically used when an incident is considered minor, while punitive discharges, such as Bad Conduct or Dismissal, are more serious punishments that may result in a permanent criminal record.
The type of discharge will depend on the infraction and the individual’s record of service. All cases are handled on an individual basis, so there is no one-size-fits-all answer to this question.
Can you be discharged from the military for drug use?
Yes, in some cases, you can be discharged from the military for drug use. The military will take disciplinary action, which may include a bad-conduct or dishonorable discharge, for those found to have used, possessed, or distributed illegal drugs, or even just refused to take a drug test.
Depending on the circumstances, personnel could face criminal charges and/or administrative actions.
If you are found guilty of drug use or possession, some of the possible disciplinary actions include letters of reprimand, denial or revocation of security clearance, suspensions from duty, reductions in rank, and discharges.
The military also has a drug demand-reduction program, which assists personnel in making lifestyle changes that can prevent future drug use.
A service member can avoid legal and administrative issues related to drug use if they deny the use or possession and can provide evidence of reasonable doubt to prove their innocence. They can also take advantage of rehabilitation services and agree to stop using drugs as part of a pretrial agreement.
What are the 5 types of military discharges?
The five types of military discharges are honorable, general, other than honorable (OTH), bad conduct and dishonorable. An honorable discharge is the most desirable of the five discharges and it indicates that a service member has met their obligations and completed all terms of their service with honesty and integrity.
A general discharge is given to those who are otherwise satisfactorily meets their service requirements, but may have a minor disciplinary issue or issue related to performance. An other than honorable (OTH) is less desirable than a general discharge, and it is given to those found to have violated the Uniform Code of Military Justice, but is not as severe as a bad conduct or dishonorable discharge.
A bad conduct discharge is given to those found guilty at a court-martial and typically accompanied by a prison sentence. Finally, a dishonorable discharge is the worst type available and indicates major misconduct or criminal convictions.
Those with a dishonorable discharge may not receive certain military benefits or be allowed to re-enlist in the military.
How can you lose your military benefits?
The loss of military benefits is a serious matter, and there are various ways that it can occur. Generally, when a person is discharged from the service or is retired from the service, they will no longer be entitled to the benefits associated with their service.
In addition, military benefits may be lost or reduced if the service member commits a serious offense such as desertion or fails to meet the physical or mental health requirements for the service. The loss of benefits may also occur if the service member does not follow all of the rules and regulations of the armed forces or fails to maintain good conduct.
Finally, if service members fail to pay their debts or have delinquent accounts such as taxes, they may lose certain benefits associated with their service. In some cases, they may even have their military pay withheld as a result.
The loss of benefits may also occur if the service member is found guilty of a serious criminal offense.
Overall, the loss of military benefits can have serious consequences for a service member’s career and financial well-being. It is important for service members to be familiar with their rights and responsibilities when it comes to military benefits, so that they can avoid any potential losses.
How long does it take to get military drug test results?
The length of time to get military drug test results varies depending on the type of test being performed, the location of the testing laboratory and the speed of processing requested by the test administrator.
Generally, initial Military Urinalysis Drug Testing (MUDT) results can take around 24 hours to receive following sample collection, though the wait could be longer depending on the testing lab. For follow-up MUDT confirmatory testing, results usually take between 3-5 working days after receipt of the sample at the laboratory.
For Drug Patch Testing results, times vary greatly, depending on how quickly the test administrator sends the sample to the laboratory, how many patches are in the lot, and the workload of the laboratory.
Generally, results for drug patch tests are received between 1-2 weeks after the initial testing.
What kind of discharge do you get for failed drug test?
The kind of discharge you receive for a failed drug test depends on the policy of your employer and the laws of the state you live in. In general, employers are allowed to terminate the employment of any employee who fails a drug test, even if the drug test was conducted outside of the workplace.
Depending on the circumstances, an employer may choose to dismiss an employee with cause (e.g. dishonesty or negligence) or without cause. An employer may also choose to give the employee a warning and place them on probation and then retest.
These decisions are typically made on a case-by-case basis.
In some states, a failed drug test may also result in criminal charges. For example, under federal law, employees may be charged for possession of a controlled substance on the workplace premises. Alternatively, workers may be dismissed for using drugs in violation of company policy or for other misconduct related to the use of drugs.
It is important to note that in some jurisdictions, employers may be required to provide written notice of why an employee was discharged. This is to protect employees from being wrongfully terminated due to a failed drug test.
Therefore, employers should consult state and local laws before making any decisions related to discharging an employee for a failed drug test.
Does Positive Mean failed drug test?
No, a positive result on a drug test does not necessarily mean that someone has failed the test. The result of a drug test may be positive for a number of reasons, such as the presence of legal drugs or medications, environmental factors like passive smoke, and/or other non-illegal substances.
For a drug test to be considered a true “failure,” the substance detected must be an illegal drug, and the levels must exceed the allowed threshold. In addition, the results must be confirmed by a follow-up drug test in order to confirm the initial result.
What happens if you get a general discharge?
A general discharge typically indicates that the individual didn’t meet the military’s standards of performance in some way, but honestly and faithfully served out the enlisted contract. A general discharge usually is not as favorable as an honorable discharge, but it is still considered to be an acceptable level of performance.
The effects of a general discharge can vary by branch of service and situation.
In the US Army, a general discharge (under honorable conditions) will suspend or end all benefits, including medical and transition assistance. In addition, a general discharge may end enlistment bonuses, and may prevent reenlistment in the military.
Other side effects may include losing the right to wear a uniform, losing access to military installations, and being denied the benefits of the Veterans Administration.
Individuals with a general discharge may still qualify for some benefits, such as the GI Bill, VA health care, VA home loans and unemployment compensation in some states. In addition, because it is not considered a criminal conviction, individuals may still be eligible for some government jobs.
It is important to note that a general discharge can impact job prospects after leaving the military. Employers may note the character of discharge when considering prospective employees, and some employers may not be willing to hire individuals who received a general discharge.
Ultimately, a general discharge is better than a dishonorable discharge, but service members may wish to avoid a general discharge if they can.
