Navy - General

Navy - General Discharge

What is the name of your state? Florida
Ok I was kicked out of the Navy in April after being caught for using Nitrous Oxide, aka "Laughing Gas" with a General (Under Honorable Conditions) discharge. I really liked the Navy and thought it was right for me. I was charged with "Failure to Obey" because Nitrous is not a Scheduled or Controlled Substance. However, I was still booted under "Zero Tolerance for Drug Abuse" even though in their clearly outlined list, it isn't scheduled as a drug. I admitted that I used it, but I never admitted it was to get "high." We only admitted that although we knew it was somewhat "stupid" that we only did it for novelty reasons - because we were bored and thought it would be "funny." All they needed was preponderance of the evidence, and not actual evidence that we did it with the intentions to get "high". We thought it was really no different than inhaling helium from balloons. So, although we knew it was stupid, and thought if we got caught we would probably be in SOME hot water, we never thought it was to the point of getting booted out! We thought of it as more of a "boys will be boys" thing.
I personally think I got railroaded because a leading chief in particular had a personality conflict with me, and he spearheaded the drive to boot me because I am overweight and we argued about it. This gave him just the reason he needed.
I would like to know what you think. I know about the DRB to upgrade, which is what I want (both charachterization AND RE-4 code). See, I would like to get back in, because I really thought it was for me. But do you think it would be worth it or am I pretty much screwed. If it is worth it and I am not screwed, what approach should I take? Thank You!!!

P.S. Because I was attached to a ship command, I was not allowed to request court-martial in lieu of Article 15. Doesn't that mean my civil liberties (right to a trial by jury) was violated?

Well looks like no one wants to touch this with a 10 foot pole. I can understand...it is complex...thanks anyhow

How old are you?
How long were you in the Navy?
What was your MOS?
Have you tried to get your RE-4 code waived or tried to emlist in the reserves?
How long have you been out?
What have you tried to do for work since then?
Have you heard the saying, "If you can't do the time, don't do the crime?"

Thanks for responding...
I am 27, was booted at 26, and did this at 25.
I was in the Navy almost 3 years.
My MOS (Rating) was FC (Fire Controlman - Aegis Radar Technician)
I have not tried to get my RE-4 waived or tried to enlist in the reserves...I didn't think that would be an option - could you tell me more? How do I get my RE-4 waived, and do I have to do that to get into the Reserves, or will they sometimes take an RE-4?
I have been out since April 2004.
Since the Navy I have been a full-time student, as well as have a successful career with a large regional bank...but I really want to finish what I started...I feel like an uncommitted dirt bag who can't finish what he says he will, like I can't hold a job.
Yes, I have heard the saying...so does that mean you're telling me, "Yep, you are screwed man" or just reiterating the obvious stupidity of what I did? (Either of which may be appropriate, because it was stupid)
Thanks

Well if you don't want to reenlist in the reserves and you are already going to school, your lost your GI benefits, it doesn't make much sense to worry about it too much tight not, it is not as if you were colse to retirement. If it didn't make any difference in your ability to get a good job. Now some day, it could, so my advise is to not get into any more trouble and then look into getting an upgrade when you have a proven history.

When my father was in WWII he entered a non drinker, was on a submarine tender, they drank torpedo juice he also died an alcoholic. You realize if you go back in most likely ou will go to Iraq?

I appreciate that advice. So you mean to tell me that if I could have gone into the reserves even with a general discharge and a RE-4? Wow...I wonder why I didn't know that sooner because I sure as heck have been looking high and low for loopholes. How did you know that? I would like to go into the reserves, just for the public service, "nobility" aspect, did you have the idea that I didn't? And why did NOT going into the reserves and starting college make me loose my GI Benefits? What benefits in particular do you speak of? GI Bill, or others?
respectfully

Excuse the previous typos
Didn't you lose your GI benefits getting a general discharge and RE-4?
Check with the Navy reserves, in some cases you may get the RE-4 waived to get into the reserves, in other cases, not. There is a process for making that petition found at http://www.ig.navy.mil/Complaints%20%20(Admin%20Separations).htm
It seems strange to have a GD under Hon and a RE-4
Good luck, keep us updated.

No, it appears that the only GI Benefit I lost was the GI Bill, according to the VA...but the VA makes its own determination to the characteriation of discharge apparently, and I still applied for the GI Bill anyhow. (Decision still pending). I'll let u know what they say. I will certainly look into getting my RE-4 upgraded, adn maybe getting into the reserves anyhow. Thanks again for the advice. About getting the discharge charchterization upgraded, based on what I have told you, do you think it would be a waste of time? Also, about my question involving civil liberties being violated by being charged with a crime but not being allowed to select court-martial because I was attached to a sea-going command. Is that legal or was I violated (i.e. right to a trial by jury)? Thanks a lot.

Badapple40 is a military attorney perhaps he can answer that question for you and what if any options you might have.

Badapple40...Do you think you could answer a few of my above questions? Namely, would me applying for upgrade be worth it and were my civil rights (trial by jury) violated when I was charged with a crime but couldn't elect court-martial because I was attached to a sea going command? Thanks

Badapple? I tried to private message you or email you but it wouldn't let me...your help would be greatly appreciated.