The ADSEP Board apparently concluded that you knowingly used marijuana which constituted misconduct but recommended retention nevertheless. If you did not knowingly use a drug, that is not a crime and a finding of no misconduct should have been reached. A finding of no conduct prevents any type of separation because there is no legal basis for it. Your board obviously did not reach this conclusion and found misconduct although they wanted you to be able to retire. PERS took it even further and ordered a discharge. Your issue on appeal is that there was no misconduct based upon an innocent and unknowing ingestion. If the Board accepts that finding, the discharge will be overturned and you will be restored to active duty where you will now be retirement eligible with ovwer 20 years.
I hope this has helped. If you have more questions, feel free to contact me directly at [email protected] or (757) 420-9321.
