Santa Clara, CA asked in Military Law for California

Q: I am a Private in the Marine Corps who has been in for eleven and a half months. I am being processed for AdSep

for alcohol abuse treatment failure. I was NJP'd for underage drinking in July. I was referred to the Army Substance Abuse Program and enrolled in an outpatient program with weekly counseling with an ASAP employee. After my 45 days of restriction I went out with a friend and drank again. I returned to the barracks and later that night my roommates woke me up because they smelled alcohol. They told the duty NCO and I received my second NJP for underage drinking. I was then sent to SARP at Naval Base Point Loma where I stayed for 30 days of the 35 day inpatient program. I was sent home for treatment failure because I truly believe that alcohol dependence is not something I suffer from. The staff there told me they could not help me and instead what I needed was to endure the "natural consequences" of my actions. My CO is recommending a general discharge under honorable conditions. I want to fight to stay in, but I don't know if anything I do will convince them otherwise. Thanks

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: If you've been caught drinking multiple times before, failed rehab several times, and don't believe that alcohol dependence is a problem of yours, I'd say your odds of changing the Army's mind is pretty slim. Your reputation might be sullied beyond repair already.

Ultimately, if the military believes that you are not or won't be a good soldier, then they can get rid of you at any time for any reason.

Andy

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