What Kind of Discharge For Failing the Drug Test: What to Know

If you’re a service member of the United States Armed Forces, you’re probably familiar with drug testing. Most people who serve in the military know that after a leave of absence or holiday break, it’s considered normal to undergo drug testing. Even if you don’t go off duty, a service member must undergo drug testing once a year.

Drug testing is a staple in military operations because all military branches have a zero-tolerance policy regarding drug use. Moreover, it’s nearly impossible to falsify drug test results in the military. Drug test failure might lead to getting removed from the military.

However, just because you fail a military drug test doesn’t mean you’re automatically discharged from the Armed Forces. With an experienced military lawyer who’s been involved in similar cases, it’s possible to fight positive drug test results. We’ll talk about what kind of discharge for failing a drug test and more.

The Importance of Military Drug Tests

The Department of Defense, or DoD, has a zero-tolerance policy against the use of illegal substances. Drug test screenings are conducted regularly within all military branches to ensure personnel are responsive and alert when called to action.

Military drug testing is usually conducted quickly, so this procedure has no prep time. Like other random drug testing processes, service members are generally tasked to provide a urine sample to check if they’ve taken an illegal substance or not.

What does a failed military drug test mean? The military screens for illegal substances such as marijuana, cocaine, and amphetamines. In some cases, this screening includes testing for LSD, morphine, steroids, and barbiturates.

Military members undergo military drug testing for several reasons, including the following:

• By order of your commander: One’s military commander is authorized to order people to undergo drug testing.
• Consent: A commander may ask your permission to test for drug use. If you give permission to undergo the test, a positive test result can be taken against you.
• Medical testing: Sometimes, the military asks its service members to undergo drug testing for medical reasons. All new service members must undergo drug testing before entering the military, and service members aren’t allowed to refuse drug testing if it’s for medical reasons.
• Probable cause: You must follow their orders if your commander has probable cause to require you to take a drug test.
• Random drug testing: A commander can select some or all of their soldiers to submit urine samples for testing. The request must be purely random in this case. A failed drug test can lead to administrative separation or even court-martial proceedings.

The urine sample is usually given to trusted third parties, who must ensure that it is transported to the laboratory without error and safely. Once received, the lab will test the sample.

Drug testing usually involves different processes, like mass spectrometry and chromatography, which ensure that the results are as accurate as possible. Failing a drug test can potentially ruin one’s military career, so there is no room for error.

Once the testing is complete, the results are brought to the commanding officer, who requests that the process be completed. If service members test positive, action will be taken.

What If You Fail a Military Drug Test?

If you have a positive military drug test, it doesn’t automatically mean you’re booted out from the Armed Forces. The military has several courses of action, usually depending on the military branch.

Some branches may require personnel with a positive drug test to undergo a second drug test 90 days after their initial test came out positive.

This is usually conducted at a Military Entry Processing Station (MEPS). A second failed drug test can be grounds for military discharge. In most cases, this would result in Other Than Honorable discharge.

However, it should be highlighted that a second drug test isn’t required for all service members. A failed military drug test may prompt the military branch to take action immediately.

Military Applicants

If you have a failed drug test upon enlisting in the Armed Forces, your chances of admission might be in danger. Everyone seeking to join the military must undergo comprehensive drug screenings.

It might be possible to be given an opportunity through a second drug test 90 days after a failed military drug test. Failing the second drug test is grounds for automatic disqualification from the military.

Active Duty Service Members

Active duty service members are given no leniency after a positive drug test. Administrative and disciplinary actions usually follow after the results come in. Possible consequences include suspension and the requirement to join a drug rehabilitation program. This would depend on one’s commanding officer.

A failed drug test may not automatically mean that person is removed from the Armed Forces. However, it might result in being given either an Other Than Honorable discharge or even a dishonorable discharge.

Potential Outcomes for a Positive Drug Test

The punishments for a positive drug test would depend on the circumstances surrounding the case. Sometimes, the commanding officer may issue non-judicial punishments, including demotions, fines, or confinement for a few months.

More severe cases may result in a court martial. Again, this is the commanding officer’s prerogative. If a service member is shown to have taken illegal substances or distributed drugs within the military, the commanding officer can subject the accused party to a court martial.

An administrative court proceeding allows an active-duty service member to defend against a particular drug test. While the service member is not guaranteed to be cleared of all charges, they might receive less severe punishments.

Is It Possible to Save Your Military Career?

To put things into perspective, a service member must have ingested a certain amount of illegal substances for the military drug test to turn out positive. In most cases, service members can get a second drug test to challenge the first results. That’s why, yes, it’s possible to save one’s career in case one receives a positive test result.

Strategies to Avoid or Mitigate Failed Drug Test Discharge

A positive drug test result isn’t the end of one’s journey in the military. There are ways to combat failed drug tests. Ideally, one should confer with an experienced military lawyer who has dealt with drug test in the military before.

If you believe you accidentally ingested the drug, you may be able to salvage your career by claiming the defense of innocent ingestion or unknowing ingestion. You can also raise the possibility of drug test errors as a defense.

While drug testing in the military is comprehensive, they’re not completely foolproof. Some testing centers have been proven to present incorrect results in the past.

Another strategy that can salvage a service member is showing evidence that the drug use was an isolated event and that there is no pattern for misconduct. Highlighting a positive service record and accepting the possibility of rehabilitation can help one’s chances of getting a lesser punishment.

Final Words

Drug tests are taken seriously in the military, and that’s why service members who’ve received a positive urinalysis test should leave no stone unturned to refute these claims or at least lessen the gravity of the consequences.

Fortunately, experienced military lawyers can help them through this process and avoid the worst possible scenario. The gravity of the situation can be more severe for active-duty service members. To prove one is on active duty service, Click here to sign up at SCRAVS and verify the active duty status.

FAQs

What happens when a soldier fails a drug test?

The consequences of failing a drug test would depend on the offender’s commanding officer. Usually, a second drug test is conducted 90 days after the initial results come back.

How do you dispute a false positive drug test?

There are various ways to dispute an incorrect drug test result. This includes claiming the drug was ingested unknowingly or claiming a drug test error.

What does the military blood test look for?

It would depend on the test, but most military drug tests check for usage of marijuana, cocaine, and amphetamines.