Home Forums Hunting & Shooting Handguns I was kicked out of the USAF in 1979 for smoking dope...

I was young and stupid in 1979.

I was not arrested and never have been. Never more than a speeding ticket.

By 1983 I was completely over doping and drinking. Have not since.

Fast forward to 6 years ago.

I am a father of two, still married to the first wife, have two businesses, own a house and cars, they whole nine yards.

Never more than an occasional speeding ticket.

My son gets interested in guns. We start buying long guns and pistols.

I take the class get my Concealed Carry. No sweat.

This April I go to renew.

The very same people that issued my last CC (different sheriff) bring me in to their office and tell me "sorry, your dd214 says Discharge, NOT Honorable Discharge". They turn me down.

I call my lawyer. He agrees. They made a mistake when they issued. Waste of time to try to fight it.

I run into the sheriff at the range. Nice guy. He lets me tell him my story. I tell him about the dope so he knows I am not yanking his chain. He gives me his cell phone and asks me to call him tomorrow at 1p. I call, he says Sorry, my people have called it right. No CC for you.

I kind of miss carrying concealed.

I don't have thousands to throw at legal fights.

Any hope or suggestions?

Thanks.

Does State Law say a General Discharge is forbidden to obtain one or state who has discretion?

What State N.C. ?

Mike

Teach your son to do better than you. You're not the first father in this situation.

Go back to 1978 and kick your own ass.

You pissed away your ability/right/privilege to carry concealed via permit when you got OTH (other than honorable) discharged from the Air Force. CCW restrictions don't apply for discharges of Honorable, General under Honorable Conditions (almost all medical), and General. OTH, BCD, and Dishonorable are bars to CCW. You have an OTH, and if you were high and popped positive while in uniform then you earned that.

You're done where you are. Open carry, or don't carry, or move elsewhere where you don't need a permit.

Where you are? No chance.

NC is the state.

John, I hope I have taught my son better. Amazing how things have changed though in terms of stigma associated with marijuana.

Still the same in the military. If you pop positive on a piss test or show up high, you're getting an OTH or BCD (depending upon circumstances and chemicals), and you earned it.

My step father had the same issue. He was caught in the Marine Corps with dope actually probably about 1979. They did not kick him out but he lost all rank and when his time was up he got a Standard Discharge I guess it's called. He never even tried to get his CCW cause it would't happen.

I'm surprised. There was a time when a BCD meant you couldn't vote, work for any fed, state, or local government, get vet benefits, ect.
After serving five years, I went to college and got a degree. My first job application in 1974 asked about military service and type of discharge,service locations. When I applied for my last job in 1993, there wasn't a question on the application about military service at all.

I think moving is your only option. I have CC permits for Oregon and Washington. I do not think has a discharge requirement.

You could always run for president so you'd have SS protection wherever you went. Worked for Obama and he loves smoking dope. Kinda crazy that you couldn't stay in the military but the CIC can be a pot-crazed dope-loving fool....

Can you get a non-resident permit from a more permissive state?

Unless you were convicted after a Court Martial procedure, I assume that you were received a General Discharge after receiving one or more Article 15 non-judicial punishment procedures. You can request a change of military records and while I don't know any of the specifics, I'm sure that there are dozen of internet sites with detailed information.

Air Force Review Boards Agency
SAF/MIBR
550-C Street West, Suite 40
Randolph AFB, TX 78150-4742

You don't get a Bad Conduct Discharge without a Court Martial.

Here's another source for upgrading your discharge. Essentially your requesting a Correction to your Discharge. Best results come from getting an experienced attorney to do the request for you.

http://www.monterey.army.mil/legal/trial_defense/how_to_upgrade_your_discharge.pdf

My understanding is an General Discharge does not disqualify a former service member from any veteran benefits other than they are not allowed to wear their uniform on a national holiday or other occasion where someone with an honorable discharge is allowed to.

You can try and upgrade your discharge. I'm afraid I don't know the procedure, but I'm sure you can find it somewhere on the internet.

Your current Secretary of State and former democratic presidential candiate had to get his upgraded from then President Carter. I'd attempt an upgrade if for no other reason your VA bennies. One day you'll need them.

I'm a Navy vet with an honorable. I served from 77-81. Out of my 60 man division, I was one of only two that didn't do dope. It's just the way it was back then.

In NC, I'm afraid you're trapped by the language in our statue that prohibits issuance of a permit to anyone that .....

"Has been discharged from the U.S. armed forces under conditions other than honorable; ....."

Only an Honorable Discharge will satisfy the statue.

Scott,

I have re-reard the thread and must have again missed the place where the OP indicated the specific type/level of discharge that he actually received, except that it wasn't honorable. There are, as you know, multiple levels of enlisted discharges.

A General discharge is an administrative discharge, while three other negative discharges; Other Than Honorable, Bad Conduct, and Dishonorable require Court Martial actions. Since the OP indicated that he had never been arrested, I inferred that the discharge was administrative in nature, therefore a general discharge.

I know one guy that got a general dis, and went on to work for Durham PD.

FWIW.

Incorrect.

The various levels of discharge are as follows:

Honorable
General under Honorable Conditions
Other than Honorable
Bad Conduct Discharge
Dishonorable

The first two satisfy the statute as both are honorable conditions.

The OP likely has an OTH (other than honorable) discharge, and that does not satisfy the statute.

The OP has been out of the military for more than 15 years. He cannot simply file a DD293 and request a review of discharge or dismissal. After 15 years, he would have to request a full review of and change to his military record.

In other words, the OP needs to hire a military lawyer and his chances of getting that changed are slim, and expensive.

I hate to assume too much here, but if he had a classification of discharge that satisfied the statue he wouldn't be in this predicament.

Secondly, getting a dope related discharge amended - 36 years after the fact - to anything that will help him in this matter is not "slim", it's most probably impossible.