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#1
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Self-ID for marijuana useWhat is the name of your state? FL I recently self-IDed for marijuana use at an Air Force ADAPT clinic; the incident was a one time occurance (though I had smoked several times in the prior month, while on leave), and took place off-base. I and another individual (who also self-IDed) smoked a joint, on an off-duty weekend. We were contacted by OSI shortly thereafter and asked to make statements. I declined any sort of statement in favor of obtaining legal counsel, and am now represented by the local Area Defense Counsel. My friend made a verbal statement, but refused to be interviewed or make a written statement. Though I'm represented by ADC, I'm becoming concerned due to some of the rumors I've been hearing. On the advice of my legal counsel, I'm not confirming any rumors or disclosing information about my situation. However, my coworkers are beginning to draw the correct conclusions, and have been telling me about punishments I'm facing. I just want to take my discharge and try to get on with my life (I did not, by the way, do this to get out of the military and made that clear to the ADAPT personnel), but I'm hearing things like "You could be here for another year at least, you're gonna go to jail," etc. I have a nearly spotless record, both prior to and during my time in service: no convictions (except a misdemeanor as a minor) beforehand, and no LOCs, LORs, or even UIFs. I just want to know what kind of punishment I can expect, and how long before I hear anything. |
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#2
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| What makes you think you will be discharged over this? Your present counsel is in a much better position to answer your concerned questions. And try and not believe everything you hear. Stay Dude.
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#3
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| [url]http://www.e-publishing.af.mil/pubfiles/af/44/afi44-121/afi44-121.pdf[/url] The Air Force's ADAPT program contains a sanctuary provision that allows Air Force members to self-identify as drug users in order to receive treatment for their problem. If made to their unit commander, first sergeant, a substance abuse evaluator, or a military medical professional, an Airman's statements of self-identification may not be used against him in any action under the UCMJ. AFI 44-121, P 3.7.1.3. "This provision is to encourage Airmen with drug problems to voluntarily seek assistance without fear of criminal consequence." [url]https://afcca.law.af.mil/content/afcca_opinions/cp/frello-36351.u.pdf[/url] I want to be clear: you agreed to self identify with your friend; then you both did so; then OSI contacted you to make a statement; then he gave a verbal, but not a written statement? Any guesses as to what his statement said? In any event, unless you open your mouth, I'd say you are good to go. Make sure you follow through with ADAPT treatment, etc. You may not even be looking at a article 15, much less a court martial or discharge, if, in fact, you met the ADAPT requirements. It provides immunity for self-disclosure. A separate question exists as to whether they are able to argue that you and your friend can hang each other.
__________________ The giving or taking of any advice given in this forum does not constitute an attorney-client relationship and any readers of any posts acknowledge that they are not in any type of attorney client relationship with the poster. |
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#4
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| Thanks for the replies, I appreciate it. ![]() I've known about the limited protection clause of the self-ID program, and at the time I thought it was the way to go. You're probably right and I don't have much to worry about, but its kind of hard for me not to. I'm not the type of person who ever gets in trouble, much less for drug use, so I've never been in this boat before. Quote:
I know I shouldn't believe everything I hear, but a few people in the shop who suspect me of self-IDing said that other employees in the past did the same thing, and went to jail for it or recieved Article 15s. Its been a month since I've heard anything at all; is a long drawn out process normal for this kind of thing? |
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#5
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| Doubt you are looking at jail time. Too many issues. They may try and Art. 15 you -- hopefully you fight it if they try it.
__________________ The giving or taking of any advice given in this forum does not constitute an attorney-client relationship and any readers of any posts acknowledge that they are not in any type of attorney client relationship with the poster. |
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#6
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__________________ Just some schmuck with a truck... And a high I.Q. "A young man who does not have what it takes to perform military service is not likely to have what it takes to make a living." - John F. Kennedy I do not help deserters... |
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