Drug abuse Discharge
Are two positive drug test for thc delta 8
Taken 18 days apart from each other considered two misconducts if the command didn’t get results back and do counseling until 1.5/2 months later? The test were taken end of june mid july in 2022z and test came back august and September.
Im trying to work on getting benefits back and on my discharge upgrade.
I feel like it should be considered one misconduct since there was no way i could’ve gotten clean that quickly and i cant control that i got “randomly” selected multiple times in under a month. My oth breaks 0 statutory bars of benefits and possibly a regulatory bar for “willingful and persistent” which could be reconsidered with compelling circumstances.
I know if i did not get tested 2 times that month and got tested once it wouldn’t even be considered willingful and persistent due to everything else on my record being clean as far as DRB, NJP, or any other trouble outside a few counseling chits for waking up late when i first got on the ship. Did 2 forward deployed deployments on a aircraft carrier my whole time i was in. Gained multiple quals and made it to E-3 without any issues. Alll evals were MP except my separation eval. It wouldve just been one misconduct with a clean record. But, the fact that they tested me multiple times (my 2.7 years in i got tested atleast 8/10 times which is insane!) it was like no other way that the second one wasnt gonna also pop.
Im wondering if the VA would use their common sense to categorize this as ONE misconduct and not two.