Potential Problem

What is the name of your state? Florida

If someone had expiremented with drugs after receiving a comission and security clearance in the military and then admitted to it on their periodic reinvestigation way after the fact, what would the consequences be? I have researched what the consequences are for witholding such information, however have not found anything on the consequences of coming clean. I imagine you most likely would not be reissued the clearance and would lose your commision. Would they discharge under other than favorable actions and would there be a federal conviction against you as well? We tried it a few times, realized it wasnt for us and would like to make careers out of the military without having to lie about anything. If you have any knowledge on this or could suggest where more research could be done, it would be greatly appreciated.
Those affected here could ETS before their PR is due, however they would prefer to stay and serve honorably if that option exists.

The only thing I can tell you, since I have been out of the military for 28 years, is personal experience with NSA. I was a security Liaison with the NSA in Germany from 1992 to 1995 and every year had to not only take a polygraph but also voice stress test and blood test.

On my first interview I was asked by the section chief in Bad Aibling if I had ever done drugs and my response was "Of course I have." His eyes got wide and he started to laugh then said, "Well that's the first time that's ever happened."

After I told him I was not about to lie about it, but had not done any drugs for 25 years and had quite drinking 20 years ago he administered the tests and I started working.

The only thing I can tell you for sure is that if you attempt to lie and it is found out you are gone. Period. But for any legal aspects of the UCMJ I would get down to Legal Services and ask them to inform you of the consequences. It's still a lawyer/client relationship and you would get specific advice as to your situation.

But DO NOT LIE!

Did you inhale?

Give me a few days to check the UCMJ and my brother-in-law who is AGR now but was 82nd Airborne for 16 years and I'll get back to you.

Also I'll check with our JAG attorney here at base where hubby is retired.

Hubby who is retired 1st Shirt for the 147th fighter Wing Maitenance Squadron said unless you were literally SEEN or it is possible to fail a random drug test to keep your "recreational use" to yourself.

If you have a record and the use is ongoing you should confess so that you will be put in "treatment" instead of dishonorably discharged.


So if you can't be ratted out either by another party or by a failed drug test then don't speak up. There's no way to prove the use and there for if you stay silent then you can persue a military career.

My Brother in law said the same thing.

I would agree with you OnlyOneVoice except that this situation involves a security clearance and although most reissues are done as a routine, based on the type of security clearance and the specific job that clearance entails, polygraph exams are routine.

IF the poster is found to have concealed information during a routine reissue polygraph they will not only lose the security clearance, but also be subject to disciplinary action and this just isn't worth it.

Okay, I over looked the Polygraph part of the post.

I would encourage him then to go to his commander and come clean about his prior use. So that he can be truthful on the polygraph without much impunity.

Seek the advice of your 1st Shirt and a JAG before bearing your soul but if you fail the polygraph you would certainly be subject to disciplinary action.

It really is a catch 22 in this situation because both courses of action could result in his being denied the security clearance he needs.

agreed.

But doing the right thing has only one consequence while deception carries consequenses throughout the rest of your life.

Thank you all for your replies. Can anyone tell me what type of disciplinary action and charges one expect against them? The JAG I spoke with just informed me that its better off not revealing anything. I would like to know what the consequences of being forthcoming will/could be. Thank you for your assistance.

If you think you can get passed without revealing, then follow the advice of your JAG and don't.

He should have been able to give you possible consequences if you confess. Go back and ask him what may possibly happen if you are truthful.

If it involves a security clearance issue and you are caught either by a random whiz quiz, own admission or arrest then you can be charged with Article 112 of the UCMJ. Your security will be rescinded and you can be confinded, charged or given admin discharge.