Military UCMJ violations as a United States Army Reserve soldier?

Last week, I was on order for my AT for 2 wks. Long story short, my car was subjected to a search and naval base police found 0.7 grams of marijuana and drug paraphernalia such as my glass pipe, and my civilian service pistol in my trunk. Not that this matters, but I am legally able to carry my firearm as it is registered under my name and I have my exposed firearm permit. I was NOT aware of the rules and regulations of weapon on a military base, also I had completely forgot that my weapon was in my trunk as I leave all my work EQ in my trunk at all times so its a matter of me forgetting to leave it at home. All my civilian work EQ such as my uniform, handcuffs, duty belt, and etc was still all in my trunk as well so they knew it was my work gun. (Im a security officer for 2 employers). I was arrested and booked and later released to my CO and was dismissed from AT the next day and resumed back to TDP status as I still have to attend my BA every month and pass the UA for each drill. I am being charged with article 92-drug paraphernalia, art 112a- possession of marijuana, and art 134-posession of a handgun. I am extremely worried and do not know whats going to happen. I requested a army trial defense service and I am waiting for them to contact me next week. I am a PFC and I graduated AIT in November so again, Im not that familiar with military regulations. what can I expect from all this? please any help would be appreciated during this difficult time.

Thank you.

Update:

I have never got into any trouble with the law so this is my first time ever. I am not a criminal by any means necessary. The hand gun was an honest mistake and for the marijuana, I take full responsibility as I am never going anywhere near marijuana again. I just want to show then that I am able to stay clean and pass every UA from here on out

12 Answers

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  • Jason
    Lv 7
    1 year ago
    Best Answer

    "I am extremely worried and do not know whats going to happen. I requested a army trial defense service and I am waiting for them to contact me next week. I am a PFC and I graduated AIT in November so again, Im not that familiar with military regulations. what can I expect from all this?"

    This is pretty short and easy: You can expect to be discharged.

    If you're super lucky, that will be a General-UHC but more likely a General-OTH. If you've never had any disciplinary issues this will be a short administrative discharge. You can of course try to fight it and take it to court-martial, but you're going to lose and that comes with stiffer penalties. Your Area Defense Counsel will talk you through your options but this ends the same way no matter what : You're done with the military.

    At some point you'll be notified that you are in non-participation status. That means no attending drill etc for pay or points. You'll be notified by your First Sergeant when you can come in. You'll sit with the Shirt and the CC, get a butt-chewing, sign some paperwork, and clear out your belongings. You'll either outprocess at that point or they will have already initiated your outprocessing and you'll only have some paperwork to do. Then you're done. You'll get a package of paperwork in the mail with your discharge and the supporting documentation accompanying it.

    That also costs you your VA benefits. You lose your GI Bill, tuition assistance, VA home loan, health care -- all of it.

    I had an airman I supervised go through this. I learned more than I ever wanted to know about military drug testing, etc. He wasn't even arrested; he just popped on the urine screen. You're in a deeper hole than that. There is no option by which you stay in the military. The options are about the type of discharge you're getting and any other punishment they elect to level. That's it. The fact that you are all done with the military isn't going to change.

    .

    • AJ
      Lv 7
      1 year agoReport

      No such thing as General-OTH discharge or General-UHC. There is a General Discharge and an Other Than Honorable (OTH) Discharge. With a General Discharge, a characterization of service can be included. The options are: no characterization, or a characterization of "Under Honorable Conditions".

  • 1 year ago

    I hope you have talked to JAG and work it out, worse case you get a discharge

  • AJ
    Lv 7
    1 year ago

    Your military career is over. A military installation is not subject to local law. The moment you came onto a military installation, you are subject and only to Federal and Military law.

    The best you can hope for is that they do not courts-martial you, and just give you non judicial punishment which very likely to lead to you being involuntarily separated from the military.

    "Ignorance of the Law is never a defense". So "I didn't know" has no bearing to case.

    Source(s): Former Army Legal NCO
    • AJ
      Lv 7
      1 year agoReport

      You are so clueless, and your example has nothing to do with the question. The military installation will have an agreement with a nearby detention center to hold civilians. For Fort Hood, it was Belton County Jail. That is just for holding. the civilian would be in US District Court.

  • Daniel
    Lv 7
    1 year ago

    You are done with the military.

    If you are lucky, you will get off with an Article 15 and some sort of admin discharge (if you are really lucky, a general under honorable, but more likely and OTH). Considering that you just finished AIT, it was a small amount of weed, and the gun is related to your civilian job, I personally don't think that they will waste their time and money bringing you back on active duty to court martial you.

    You should have known better about the gun. There are signs at the gates that clearly say 'no weapons.'

    You probably also just lost your civilian job with the weed.

    -Daniel

    • Alex1 year agoReport

      Thanks Daniel, much appreciated.
      I know there are signs on the gate as the officer also had told me the same thing but honestly, I have never even seen the sign. It may sound bogus to whoever I tell that too but I really didn't see it.. perhaps, I need to pay more attention of my surroundings.

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  • 1 year ago

    You are done with the military, once you serve your time in the stockade.

    • Daniel
      Lv 7
      1 year agoReport

      I doubt that it will even go to any sort of court martial, but I think you are done with the military.

  • I'd say you're screwed but as Steven points out, you seem to be a troll so I guess you're not screwed after all.

    Don't smoke the marijuana kids.

  • 1 year ago

    It took me about HALF a line to guess your screen name is '?' and that THIS account was opened today.

    Use of the term 'civilian service pistol' shows you are CLUELESS about both the military AND weapons.

    Claiming you were not aware of base restrictions regarding firearms is a FLAT OUT LIE if you even flunked out of basic training.

    Using the term work EQ demonstrates you THINK you sound more official in you MAKE UP terms you expect people to believe they don't understand.

    You admit to ILLEGAL drugs but claim you are not a criminal by any means.It is IMPOSSIBLE for both of those claims to be true.

    You actually said you are not a criminal by any means necessary. The is grammatically BS.

    IF you were actually in the military, instead of a bad troll, you would have know before leaving the base EXACTLY what you are facing, even if you are too much of an IMBECILE to know beforehand.

    • Daniel
      Lv 7
      1 year agoReport

      Half of the people on here are showing up as '?' (this is Daniel, btw, but I keep showing up as ? also).

  • 1 year ago

    Without your AT you will not get credit for this year for retirement so will have to do at least another year if retirement is your plan. However they are not going to care about all the whining about your work equipment and your gun being part of your work gear. It is the DRUG issue that is going to sink you. As a security officer you should know that is illegal under federal law and you should not have been doing it in the first place. Unless you are in a critical career field and they are desperate, they are just going to kick you out with a general discharge. You are going to lose some of your VA benefits.

  • Anonymous
    1 year ago

    UNACCEPTABLE!

  • 1 year ago

    If one is connected with the military, then the military regulations overrule any civilian laws. You can be charged and disciplined for something like that.

  • 1 year ago

    jail time-- a bad conduct discharge

    its against federal law to bring a weapon on a military base, so saying you don't know the law, never works as an excuse

    of, and your gonna lose your job, those with a felony cannot own a firearm

    • AJ
      Lv 7
      1 year agoReport

      you are correct a bcd does not constitute a felony. The conviction in a courts-martial will.

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