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JAG AF 2030 Drug Abuse

Posted: Wed Apr 20, 2011 2:39 pm
by Anonymous User
There are probably a few topics that have covered this, but the fact that "JAG" is too short to be searchable has hampered my ability to dig up relevant information. I would post in the epic Military Law thread, but I would be unable to remain anonymous.

I was arrested a few years back for two felony level drug charges (both marijuana related, i.e. growing for personal use), I completed a voluntary diversion program and the charges were dismissed and expunged (i.e. there is no record of the incident in my state, however, I am sure the FBI has a record of the charges). I have since taken on numerous leadership positions within the recovery community and have remained sober since. I would have no issues passing any drug tests, nor have I used any other drugs.

Would it be completely futile to even apply for any of the JAG programs? I know the JAG branches are highly competitive, but I am wondering if it is even worth my time to entertain the option.

Looking at AF 2030 form that must be submitted with all Air Force JAG applications, it seems to me that I would most likely have to answer yes to just about every question. If anyone has any links to similar forms that have to be submitted for the other branches, I would appreciate if they could link them.
http://www.usa-federal-forms.com/us-air ... af2030.pdf

Have you ever used or experimented with marijuana? (Prior marijuana use is not disqualifying for enlistment or appointment, unless you are determined to be a chronic user or psychologically dependent, have been convicted or adversely adjudicated for marijuana involvement. Preservice marijuana use may render you ineligible for certain skills.)
Yes

Have you ever experimented with, used, or possessed any illegal drug or narcotic?
Given the definition provided for illegal drugs, I would have to answer yes, as I have used hashish.

Have you ever been a supplier or distributor of or a trafficker in marijuana, or other illegal drugs?
Again, given their definition, since I was arrested for growing it, I would have to answer yes. Although, I was never accused of nor have I ever supplied, sold, distributed, or trafficked it.

Have you ever been treated or undergone rehabilitation for drug or alcohol?
Again, I am pretty sure components of the diversion program would require me to answer yes to this question.

Have you consumed hemp seed oil or any products containing hemp seed oil in the last 45 days?
No

Re: JAG AF 2030 Drug Abuse

Posted: Wed Apr 20, 2011 2:44 pm
by jag2014
I am going into the USMC as a JAG and I think it would be very difficult with those convictions. But it can't hurt to try. Are you def wanting to do Air force, or open to other branches?

Re: JAG AF 2030 Drug Abuse

Posted: Wed Apr 20, 2011 2:53 pm
by Anonymous User
jag2014 wrote:I am going into the USMC as a JAG and I think it would be very difficult with those convictions. But it can't hurt to try. Are you def wanting to do Air force, or open to other branches?
op here,

I was never convicted. The charges were dismissed outright and then expunged. I am open to other branches, the AF was the only one that I easily found the relevant form.

Do you by chance remember the relevant questions you had to answer for your USMC Jag application? Were they similiar/same as the questions above?

btw, congrats

Re: JAG AF 2030 Drug Abuse

Posted: Wed Apr 20, 2011 3:00 pm
by jag2014
Well that is a completely different situation. The path of the USMC JAG is very diff than other branches. You attend OCC and are commissioned upon graduating. If you have JD and have passed the bar already, can go straight to basic School, followed by Naval Justice School.Otherwise, you go and do your JD first and will be in the ready reserve while in school.

Contact a Officer Selection Office for the USMC if interested. Otherwise, I'm not sure. Every branch has JAG info on their site. One pieace of advice, be very up front with your charges and the results. If dismissed and expunged, I don't think it will hold you back.

Good luck!

Re: JAG AF 2030 Drug Abuse

Posted: Wed Apr 20, 2011 3:02 pm
by TJISMYHERO
You can have an FBI level background check done on yourself.

Re: JAG AF 2030 Drug Abuse

Posted: Wed Apr 20, 2011 3:18 pm
by paratactical
Given this language:

Prior marijuana use is not disqualifying for enlistment or appointment, unless you are determined to be a chronic user or psychologically dependent, have been convicted or adversely adjudicated for marijuana involvement. Preservice marijuana use may render you ineligible for certain skills.

It sounds like they are saying use won't disqualify you but that having been adversely adjudicated for marijuana involvement, which you have been, can be disqualifying for enlistment or appointment. You should call and find someone to talk to, though.

Re: JAG AF 2030 Drug Abuse

Posted: Wed Apr 20, 2011 3:31 pm
by Anonymous User
paratactical wrote:Given this language:

Prior marijuana use is not disqualifying for enlistment or appointment, unless you are determined to be a chronic user or psychologically dependent, have been convicted or adversely adjudicated for marijuana involvement. Preservice marijuana use may render you ineligible for certain skills.

It sounds like they are saying use won't disqualify you but that having been adversely adjudicated for marijuana involvement, which you have been, can be disqualifying for enlistment or appointment. You should call and find someone to talk to, though.
op here, that is my reading of it as well. I'll give them a call in the next week or so and post up their response.

ADVERSE ADJUDICATION: An adverse (adult or juvenile) is a finding, decision, sentence, or judgment, other than unconditionally dropped dismissed, or acquitted. If the adjudicating authority places a condition or restraint that leads to dismissal, dropped charges, or acquittal, the adjudication is adverse. Suspension of sentence, pardon, not processed, or dismissal after compliance with imposed conditions is adverse adjudication.

Given the above definition of adverse adjudication, I am unsure if my situation qualifies. The charges were dismissed and expunged, but only after I completed a voluntary diversion program; i.e. the dismissal was granted after compliance of conditions, but they were not imposed. At any point, I could have chosen to no longer participate in the program and taken my chances with the court system. Sounds like I am just going to need to give them a call.

Re: JAG AF 2030 Drug Abuse

Posted: Wed Apr 20, 2011 4:07 pm
by npe
This is insensitive, but I'm loving that this was posted on 4/20.

Re: JAG AF 2030 Drug Abuse

Posted: Thu Apr 21, 2011 8:54 am
by pasteurizedmilk
Anonymous User wrote:
paratactical wrote:Given this language:

Prior marijuana use is not disqualifying for enlistment or appointment, unless you are determined to be a chronic user or psychologically dependent, have been convicted or adversely adjudicated for marijuana involvement. Preservice marijuana use may render you ineligible for certain skills.

It sounds like they are saying use won't disqualify you but that having been adversely adjudicated for marijuana involvement, which you have been, can be disqualifying for enlistment or appointment. You should call and find someone to talk to, though.
op here, that is my reading of it as well. I'll give them a call in the next week or so and post up their response.

ADVERSE ADJUDICATION: An adverse (adult or juvenile) is a finding, decision, sentence, or judgment, other than unconditionally dropped dismissed, or acquitted. If the adjudicating authority places a condition or restraint that leads to dismissal, dropped charges, or acquittal, the adjudication is adverse. Suspension of sentence, pardon, not processed, or dismissal after compliance with imposed conditions is adverse adjudication.

Given the above definition of adverse adjudication, I am unsure if my situation qualifies. The charges were dismissed and expunged, but only after I completed a voluntary diversion program; i.e. the dismissal was granted after compliance of conditions, but they were not imposed. At any point, I could have chosen to no longer participate in the program and taken my chances with the court system. Sounds like I am just going to need to give them a call.
In at least one state, that's considered an adverse adjudication. I worked at a PDs and we represented somebody who would lose some financial benefits for an adverse adjudication, so I researched the issue a fair amount. That definitely qualified.

Re: JAG AF 2030 Drug Abuse

Posted: Thu Apr 21, 2011 2:29 pm
by Anonymous User
Op here,

I emailed the Army JAG recruiting office about my situation and received this response:
Thank you for your email. There is no absolute bar to employment with the
Army JAG Corps. The Selection Board considers all relevant material, not
just your previous encounter with law enforcement. They will look at your
grades, your interview, your personal statement etc., and will make a
decision according to those myriad of factors.

Best,

The Judge Advocate Recruiting Office
I will most likely be following up with the other branches and post up if their response significantly differs.

Re: JAG AF 2030 Drug Abuse

Posted: Thu Apr 21, 2011 3:33 pm
by phoenixsoars
.

Re: JAG AF 2030 Drug Abuse

Posted: Thu Apr 21, 2011 9:06 pm
by zomginternets
The more you work hard to convince them that you've turned a new leaf, and the more likely they'll be to overlook it.

BTW, where it asks if you've ever distributed or sold drugs, I would just write no. Cultivation =/= distribution, so if you're already denying distribution or sale, there's no reason to answer anything but "no". (Of course, if you were caught with 50lbs of weed, you might have a hard time convincing them you have never distributed.)

Re: JAG AF 2030 Drug Abuse

Posted: Thu Apr 21, 2011 10:11 pm
by Younger Abstention
Well, at my interview the AF JAG told me that AF is better than Army because Army lets in people with drug charges while AF doesn't. Take that for what it's worth. And there is a big difference between past marijuana use and 2 felony drug charges. OP is likely fucked.

Re: JAG AF 2030 Drug Abuse

Posted: Fri Apr 22, 2011 10:36 am
by Anonymous User
zomginternets wrote:The more you work hard to convince them that you've turned a new leaf, and the more likely they'll be to overlook it.

BTW, where it asks if you've ever distributed or sold drugs, I would just write no. Cultivation =/= distribution, so if you're already denying distribution or sale, there's no reason to answer anything but "no". (Of course, if you were caught with 50lbs of weed, you might have a hard time convincing them you have never distributed.)
At the top of the form they provide definitions for each of their terms and they specifically include cultivation. I do have a lot of demonstrated leadership roles that show I have grown past that period of my life.

@YA- Thanks for the info. Yah, I probably am.

Re: JAG AF 2030 Drug Abuse

Posted: Fri Apr 22, 2011 12:52 pm
by Anonymous User
OP:

My advice is to talk to your school's career services office; if possible, seek out whichever adviser deals with federal government service. Explain your situation to the extent you are comfortable and ask (a) what they think you need to disclose; (b) whether JAG has anyone you can call anonymously to ask a background-check related question; and (c) what they (the adviser) think your prospects would be. Although their advice will still be imperfect, it'll be better than the uninformed conjecture you will get here. I had a question about a background-check related issue for a civilian government position. My career services office gave me their (positive) opinion about the situation, then gave me the name of a contact in the relevant government agency who had agreed to take anonymous questions about background checks. That contact corroborated the advice I'd gotten from my career services office - it was a huge relief. Good luck.

Re: JAG AF 2030 Drug Abuse

Posted: Fri Apr 22, 2011 9:12 pm
by gradesmatter
OP's probably fucked for military.

Re: JAG AF 2030 Drug Abuse

Posted: Fri May 20, 2011 1:52 am
by SemperLegal
TJISMYHERO wrote:You can have an FBI level background check done on yourself.

JAGs need to have a secret clearance that go back seven years. Rather than run a background check on yourself, its best to just tell the truth.