Fort Bliss Monitor

Drug use can cost you your career - is it really worth it?

Catrina Francis
Monitor Staff

The front entrance of Otero County Correctional Facility.

Drug use has been on the rise in recent years and the military has not been immune to this problem.

“Army regulations have changed over the years and the regulation now states that upon your first incident of illegal drug possession or use, the chain of command is required to initiate administrative separation against you,” said Maj. Katherine Lehmann, chief of military justice.

If the chain of command chooses to retain a Soldier, this authority is withheld to the brigade commander level.
“The Army has picked this one criminal offense in particular to say you must initiate separation and we want at least a colonel making the decision whether or not we are going to give this Soldier another chance,” added Lehmann.

“The number of Soldiers being caught transporting drugs across the border has increased over the years and Soldiers are attempting to bring these drugs in duffle bags and in secret compartments within their vehicles,” said Master Sgt. Bruce Sirois, 76th Military Police Detachment operations sergeant.

Once a Soldier is caught they are in civilian custody, but if the chain of command wants to prosecute the Soldier at a court-martial, a request is made to the federal government for jurisdiction over the case, according to Lehmann. If civilian authorities prosecute, the chain of command can immediately initiate separation under Army Regulation 635-200, a Chapter 14 for misconduct. Under Chapter 14, the chain of command can base the separation on the underlying misconduct, or wait until after trial and base it on the conviction.

Punishment for drug offenses can range from an Article 15, to a general court-martial. “During the month of February there were four courts-martial where drugs were among the offenses Soldiers were being charged and 16 drug-related Article 15s, one of which was an officer. During the month of March, 14 drug-related article 15s were given to Soldiers,” said Lehmann.

If a Soldier receives anything above a summary court-martial they receive a federal conviction, which stays on their criminal record permanently. A federal conviction also means if you apply for employment and a background check is done, it will show you have a federal conviction for a drug offense.

“For first-term Soldiers, if you are court-martialed or you are chaptered for misconduct and receive anything other than an honorable discharge, you will lose your GI Bill benefits,” said Lehmann.

If a Soldier is apprehended here and the chain of command decides to prosecute, the Soldier can be held in Otero County Correctional Facility, a maximum-security facility. Soldiers can be taken to this facility for pre-trial and post-trial confinement.

“The maximum amount of time a Soldier can spend in Otero is 30 days if the Soldier receives a summarized courts-martial. If a Soldier receives a special or general courts-martial the maximum amount of time they spend is 10 days before they are transferred to a Department of the Army Correctional Facility. Forty-nine soldiers have been sent to Otero since Nov. 8, 2004, and 29 of these have been for drug-related offenses,” said Staff Sgt. David Stills, noncommissioned officer in charge of the Civilian Liaison Absent Without Leave Apprehension Section.

“Soldiers need to understand this is their last opportunity to make life changes; this is a wake up call, and they need to get ready for this life for a long time if they continue on this path,” said James Frawner, warden of OCCF.

Punishments for Soldiers once convicted can range from two years imprisonment to 15 years, per offense. The maximum punishment for less than 30 grams of marijuana is forfeiture of all pay and allowances, a dishonorable discharge and confinement for two years. For possession of cocaine, more than 30 grams marijuana, amphetamines or methamphetamines, the maximum penalty is dishonorable discharge, forfeiture of all pay and allowances and confinement for five years. With regards to distribution or possession with intent, for marijuana, cocaine, amphetamines and LSD, the maximum punishment is dishonorable discharge, forfeiture of all pay and allowances and confinement for 15 years,” said Lehmann.

When Soldiers are dealing drugs, the impact this has on the family is devastating. If a Soldier is chaptered or convicted they are not only losing all of their pay, but also all of their benefits.

“Using drugs or selling drugs is not worth the potential price that has to be paid for this offense. The small monetary gain that is made by the Soldier is not worth what the Soldier has to lose,” said Lehmann. “Soldiers need to understand drug use is not a victimless crime. Besides the illegality of drug use, Soldiers need to be aware of the immorality of drug use, because by using drugs you are making rich those who use this money to kill and hurt innocent people.”



www.bliss.army.mil	Published for the Fort Bliss/El Paso, Texas Community	April 21, 2005

<map name="boxmap-b4"> <area shape="rect" coords="0, 589, 120, 600" href="http://rcm.amazon.com/e/cm/privacy-policy.html?o=1" > <area coords="0,0,10000,10000" href="http://www.amazon.com/exec/obidos/redirect?tag=&creative=92501&camp=8117&link_code=dl1&path=subst/misc/amazon-cobrand-cc/v3/marketing-from-associates-step1.html/ref%3Db1_assoc_29" > </map>	Drug use can cost you your career - is it really worth it? Catrina Francis Monitor Staff The front entrance of Otero County Correctional Facility. Drug use has been on the rise in recent years and the military has not been immune to this problem. “Army regulations have changed over the years and the regulation now states that upon your first incident of illegal drug possession or use, the chain of command is required to initiate administrative separation against you,” said Maj. Katherine Lehmann, chief of military justice. If the chain of command chooses to retain a Soldier, this authority is withheld to the brigade commander level. “The Army has picked this one criminal offense in particular to say you must initiate separation and we want at least a colonel making the decision whether or not we are going to give this Soldier another chance,” added Lehmann. “The number of Soldiers being caught transporting drugs across the border has increased over the years and Soldiers are attempting to bring these drugs in duffle bags and in secret compartments within their vehicles,” said Master Sgt. Bruce Sirois, 76th Military Police Detachment operations sergeant. Once a Soldier is caught they are in civilian custody, but if the chain of command wants to prosecute the Soldier at a court-martial, a request is made to the federal government for jurisdiction over the case, according to Lehmann. If civilian authorities prosecute, the chain of command can immediately initiate separation under Army Regulation 635-200, a Chapter 14 for misconduct. Under Chapter 14, the chain of command can base the separation on the underlying misconduct, or wait until after trial and base it on the conviction. Punishment for drug offenses can range from an Article 15, to a general court-martial. “During the month of February there were four courts-martial where drugs were among the offenses Soldiers were being charged and 16 drug-related Article 15s, one of which was an officer. During the month of March, 14 drug-related article 15s were given to Soldiers,” said Lehmann. If a Soldier receives anything above a summary court-martial they receive a federal conviction, which stays on their criminal record permanently. A federal conviction also means if you apply for employment and a background check is done, it will show you have a federal conviction for a drug offense. “For first-term Soldiers, if you are court-martialed or you are chaptered for misconduct and receive anything other than an honorable discharge, you will lose your GI Bill benefits,” said Lehmann. If a Soldier is apprehended here and the chain of command decides to prosecute, the Soldier can be held in Otero County Correctional Facility, a maximum-security facility. Soldiers can be taken to this facility for pre-trial and post-trial confinement. “The maximum amount of time a Soldier can spend in Otero is 30 days if the Soldier receives a summarized courts-martial. If a Soldier receives a special or general courts-martial the maximum amount of time they spend is 10 days before they are transferred to a Department of the Army Correctional Facility. Forty-nine soldiers have been sent to Otero since Nov. 8, 2004, and 29 of these have been for drug-related offenses,” said Staff Sgt. David Stills, noncommissioned officer in charge of the Civilian Liaison Absent Without Leave Apprehension Section. “Soldiers need to understand this is their last opportunity to make life changes; this is a wake up call, and they need to get ready for this life for a long time if they continue on this path,” said James Frawner, warden of OCCF. Punishments for Soldiers once convicted can range from two years imprisonment to 15 years, per offense. The maximum punishment for less than 30 grams of marijuana is forfeiture of all pay and allowances, a dishonorable discharge and confinement for two years. For possession of cocaine, more than 30 grams marijuana, amphetamines or methamphetamines, the maximum penalty is dishonorable discharge, forfeiture of all pay and allowances and confinement for five years. With regards to distribution or possession with intent, for marijuana, cocaine, amphetamines and LSD, the maximum punishment is dishonorable discharge, forfeiture of all pay and allowances and confinement for 15 years,” said Lehmann. When Soldiers are dealing drugs, the impact this has on the family is devastating. If a Soldier is chaptered or convicted they are not only losing all of their pay, but also all of their benefits. “Using drugs or selling drugs is not worth the potential price that has to be paid for this offense. The small monetary gain that is made by the Soldier is not worth what the Soldier has to lose,” said Lehmann. “Soldiers need to understand drug use is not a victimless crime. Besides the illegality of drug use, Soldiers need to be aware of the immorality of drug use, because by using drugs you are making rich those who use this money to kill and hurt innocent people.”