Positive Drug Test Urinalysis
NAVY CHIEF ADMITS DRUG USE – ADMINISTRATIVE SEPARATION BOARD RECOMMENDS SUSPENDED SEPARATION AND HONORABLE DISCHARGE
Navy Master at Arms Chief Petty Officer (E-7) with over 19 years of service came up positive on a urinalysis for marijuana. During the course of the investigation our client made a statement to NCIS admitting to the wrongful use of marijuana. At a Special Court-Martial, although we prevailed on a Motion to Suppress that statement to NCIS, the case was still proceeding to trial. With the chance of securing an acquittal being very remote due to other evidence we were facing, we were finally able to secure the command’s agreement to take the case to a Summary Court-Martial where our client plead Guilty to the wrongful use of marijuana, at which time he was sentenced to be reduced to pay grade E-6, forfeitures of pay and 45 days of restriction. Upon submission of a clemency request, we were able to get the command to suspend the 45 days of restriction. Seven months prior to our client reaching the 20 year mark for retirement, the command initiated administrative separation proceedings – at the separation board, our client again admitted the wrongful use of marijuana – the board recommended that his separation be suspended for 6 months, and that upon discharge, that our client receive an HONORABLE DISCHARGE certificate.
Alleged Positive Test For Amphetamines - NO MISCONDUCT
Navy 02-E with 15 years of service was reported positive on a command sweep urinalysis for d-amphetamine. At the Show Cause Board of Inquiry, we established significant problems with the collection process. The board voted 3-0 for NO MISCONDUCT.
Navy Seal Alleged Positive Test For Cocaine - NO MISCONDUCT - CAREER RETAINED
Navy SEAL was treated in a civilian hospital for severe medical injuries. During his medical treatment, a laboratory report reflected he had cocaine in his system. Our client’s command was made aware of the lab test, and issued a search authorization for collection of urine. Although our client was unconscious at the time the urine was collected from the command, the urine was tested by the Military drug screening laboratory and reported back to the command as positive for cocaine. At the administrative discharge board, we presented evidence as to the issue of unknowing ingestion and good military character –the board, after a 5 minute deliberation, found in our client’s favor, that he had not committed misconduct. Our client will be returned to full duty with his SEAL team.
Alleged Use of Cocaine - CAREER RETAINED
Navy E-5, with over 12 years of military service tested positive for cocaine, but was not notified of positive urinalysis until 9 months later during her security clearance reinvestigation. Our client passed a civilian polygraph, yet the command refused our request for her to take a NCIS polygraph. At her Special Court-Martial, we presented definitive evidence that she could have unknowingly ingested cocaine by someone putting cocaine in her soda when she was working at her civilian job at a restaurant. Despite overwhelming evidence in support of our case at trial, our client was found guilty at a Special Court Martial (SPCM). She was reduced in rate two pay grades, but was retained. After trial, we again requested that the command permit her to take a NCIS polygraph which was again denied.
At her subsequent administrative separation board, evidence was again presented that she could have unknowingly ingested cocaine at her civilian job. As a result, the members found misconduct, but voted 3-0 to RETAIN her in the U.S. Navy. BUPERS upheld the decision to retain our client. On appeal of her case to the General Court-Martial convening authority, we addressed the fact that she had not been allowed to take a NCIS polygraph examination. Upon review, the SJA agreed to allow an NCIS polygraph, which our client passed. The command still refused to set aside the conviction. Our client was quickly approaching her EAOS and faced mandatory separation due her reduced pay grade. After extensive efforts in working with the SJA, the General Court-Martial convening authority agreed to set aside the conviction, resulting in her pay grade being reinstated, with all pay and allowances that she lost being paid back to her. Our client is now continuing what has been an outstanding career in the Navy.
Positive Test For Marijuana - CHARGES ACQUITTED
Air Force officer (O-3E) with over 18 years of service faced a General Court-Martial for two specifications of wrongful use of marijuana, based upon two separate positive urinalysis. Although our client passed two polygraphs, one of which was by OSI, the command refused to withdraw the charges. At trial, we acknowledged that our client did in fact have marijuana in his system on both occasions and we did not challenge the collection or laboratory process. In our case, we presented evidence of unknowing ingestion of marijuana by smoking cigars that had been laced with marijuana. Without putting our client on the witness stand, we secured an ACQUITTAL of both charges by the jury.
Positive Test For Cocaine - NO MISCONDUCT - CAREER RETAINED
An Air National Guard E-6 with 17 years of service tested positive for cocaine. Our client denied ever using cocaine, and turned down the government's offer of a general discharge. At the subsequent administrative separation board, we presented evidence that someone could have placed cocaine in her drink without her knowledge. We also presented testimony from an expert toxicologist, who confirmed that the level at which our client tested positive was consistent with unknowing ingestion. The board found NO MISCONDUCT and
RETAINED our client in the Air National Guard.
Positive Test For Cocaine - NO MISCONDUCT
Navy E-6 tested positive for cocaine on a random urinalysis test. At his Ad Sep board, we successfully demonstrated numerous errors with the testing program and convinced the member panel that NO MISCONDUCT occurred.
Navy E-6 Tests Positive For Cocaine - NOT GUILTY - NO MISCONDUCT
Navy E-6 came up positive for cocaine on a urinalysis. Prior to his trial, he came up POSITIVE ON A SECOND URINALYSIS while undergoing an "aftercare" program. He was found NOT GUILTY of the first urinalysis by an officer jury (after we advised the jury of the second positive urinalysis to cut off the prosecutor from doing so first). Several weeks later, we appeared before an Administrative Separation Board on the second urinalysis, which found that he
DID NOT COMMIT MISCONDUCT.
Multiple Test Positives For Cocaine - NOT GUILTY
Navy E-6 was court-martialed for a positive urinalysis for cocaine. The officer jury returned a verdict of NOT GUILTY. Several months later, the same client
came up positive on another urinalysis for cocaine and a second Courts-Martial was convened. Before the case got to trial, the client came up
POSITIVE ON A THIRD URINALYSIS FOR COCAINE, and an additional charge was referred for that alleged use. The second Courts-Martial for the two separate urinalysis resulted in a finding of
NOT GUILTY to both specifications.
Multiple Test Positives For Marijuana - NO MISCONDUCT
Navy E-7 was court-martialed for a positive urinalysis for marijuana in 1997. After establishing significant irregularities with the collection process, we rested our case without presenting any defense evidence. An officer jury returned a verdict of NOT GUILTY. In 2001, our client, who was still at the same command, came up
POSITIVE A SECOND TIME FOR MARIJUANA. Upon our advice, our client refused NJP and we secured a
NO MISCONDUCT finding at an Administrative Separation Board.
Army Officer Avoids Discipline
Army officer was reported as positive on a urinalysis. Upon our advice, he refused NJP and demanded Courts-Martial. The command elected to give our client a Letter of Reprimand and directed that he appear before a Show Cause Board. We were able to delay the proceedings for several months, getting the client beyond the expiration date of his service obligation. The Army was forced to release our client from active duty without taking any further action against him.
Ship's Mast Procedure Avoided
Navy E-4 on a sea going command was taken to Mast for a positive urinalysis. At his separation board, it was determined that he DID NOT COMMIT MISCONDUCT. We were able to later get the command to
SET ASIDE the Mast that had been previously imposed, and to restore his rank and lost pay.
Positive Test For Marijuana Finds Positive Results
Army physician was reported positive for marijuana in his last semester of medical school. After the charge was preferred for Art. 32 Investigation, we negotiated disposition by an ART. 15, with the goal being to attempt to secure our client's graduation from medical school . Within a couple of weeks, our client was not only allowed to graduate from medical school and receive his medical degree, he was also PROMOTED to the rank of Captain.
Navy E-6 ACQUITTED of Positive Marijuana Test Result Charge
Navy E-6 with over 19 years of service was charged with wrongful use of marijuana. We advised our client to refuse NJP and demand trial by court martial. At a trial with members, Mr. McCormack's cross examination of the urinalysis coordinator resulted in the witness admitting she was derelict in the performance of her duties. The cross examination of that witness, as well as the lab expert went so well that our client presented no evidence and we rested our case. An ACQUITTAL was returned shortly after the jury started deliberations.
Positive Test For LSD - NO MISCONDUCT
A junior Navy seaman was apprehended for drunk and disorderly conduct after a "friend" who was an informant advised security that our client had taken LSD. Our client was directed to take a urinalysis test and his urine tested positive for LSD. At the separation board, the informant also testified he saw our client use LSD two weeks earlier. The Board found that our client DID NOT COMMIT MISCONDUCT.
Sloppy Handling Of Urinalysis - NO MISCONDUCT
E-6 tested positive for amphetamines and methamphetamines during random urinalysis. At the administrative separation board, we contested authority of the Urinalysis Program Coordinator (no letter of designation, inadequate supervision while in training) as well as defects in collection procedures and chain-of-custody and discrepancies between what Coordinator(s) said occurred and what participants in urinalysis said occurred, resulting in finding of NO MISCONDUCT.
Navy Man Receives Payment From Inconsistency
A former Navy First Class who had been taken to Mast and separated by an Administrative Separation Board for a positive urinalysis, came to us to assist in his efforts to maintain an action against the Navy for his case. Finding an inconsistency between a Department of Defense regulation and a Naval instruction, we filed suit in Federal Court. The Government offered to settle the case prior to trial for a financial payment which the client accepted.
Two Time Failure - NO MISCONDUCT
Navy E-4 was charged with using cocaine and was ACQUITTED of the charge by an officer jury. Approximately eighteen months later, the client came up
POSITIVE AGAIN on another urinalysis for cocaine, and this time the command took her to an Administrative Separation Board after she refused Mast. The separation board found that she
DID NOT COMMIT MISCONDUCT.
Navy E-7 Overcomes Positive Urinalysis - NO MISCONDUCT
A Navy E-7 came up positive on a urinalysis for cocaine. Due to problems with the case and his service record, it was recommended that the client not take the case to Courts-Martial, but that it be returned to Mast. After Mast, client was taken to an Administrative Separation Board, where after two complete panels were disqualified, the third panel found that the client DID NOT COMMIT MISCONDUCT.
Sloppy Handling Of Urinalysis - NO MISCONDUCT
E-6 reduced in rate to E-5 at NJP and then processed for administrative separation as result of unit sweep positive urinalysis for cocaine. Numerous irregularities in collection process demonstrated to include untrained observers, loss of control of individual samples and defective chain of custody resulting in unanimous finding of NO MISCONDUCT.
Positive Result For Marijuana - NOT GUILTY
Navy Lieutenant JG (registered nurse) reported to his first command after commissioning as Naval Officer and came up positive for marijuana on his check-in urinalysis. Officer jury found him NOT GUILTY.
Navy E-7 ACQUITTED of Positive Cocaine Test
Navy E-7 charged with use of cocaine as a result of a positive urinalysis. Because our client had over 20 years of service, the command refused to handle the case at NJP and insisted the case proceed to courts-martial. At trial, our client was ACQUITTED.
Negligent Urinalysis Proceedings Results in NO MISCONDUCT
A Nevada National Guard officer came up positive on a urinalysis for cocaine. After an extended hearing where grossly irregular procedures were shown to have occurred in the collection process, the board found that the officer DID NOT COMMIT MISCONDUCT.
Positive Test For Marine Officer - NOT GUILTY
A Marine officer with 22 years of outstanding service was charged with a positive urinalysis. A Marine jury found our client NOT GUILTY.
Unreliable Positive Drug Test Result - CHARGES WITHDRAWN
Air Force E-6 with over 18 years of service was admitted to a civilian hospital. During her hospital stay, she allegedly tested positive for marijuana. Her command issued her a Letter of Reprimand (LOR), established an Unfavorable Information File (UIF), and initiated a separation action against her. Without even needing a board hearing, we were able to convince her command that the positive urinalysis was unreliable, that the LOR and UIF should be rescinded, and that separation action processing should cease immediately.
Navy SEAL Pay Credited, Retirement Retained, and Record Cleared
A Navy SEAL first class petty officer was charged with a positive urinalysis. When we appeared before a separation board, the board recommended separation, although the discharge characterization was a General under Honorable conditions. After the board, we filed a petition for review before the Board of Corrections. After nearly 2 1/2 years of ongoing legal maneuvering, the Board of Corrections found in our favor and REVERSED the finding of misconduct. The Navy thereafter gave the sailor CREDIT FOR PAY PURPOSES for all time since he had been discharged and
RETAINED him with full retirement pay and benefits, as well as
CLEARED HIS RECORD of any reference to the alleged drug usage.
Irregular Urinalysis Collections Process - CAREER RETAINED
A Navy first class was charged with a positive urinalysis. Upon our advice, the sailor refused NJP and demanded Courts-Martial, however several days prior to the trial, the command withdrew the charges and took our client directly to an Administrative Separation Board. At the board, we established clear violations of the regulation related to collection of urine samples; however the board still found that misconduct occurred and recommended he be discharged with a General Discharge. Subsequent to the board, we immediately filed complaints with numerous Naval agencies as to the irregularities involved in the collection process. The complaints apparently went unheeded and discharge orders were issued. We immediately submitted additional complaints and several days before the discharge date, the Naval Personnel Command ordered that the service member be RETAINED and the misconduct finding be
SET ASIDE due to the irregularities we had established at the board.
Another Two-Time Failure - NO MISCONDUCT
A Navy Warrant Officer with 24 years of service came up positive for marijuana on a urinalysis. Upon our advice, our client refused NJP. While we were waiting for the Show Cause Board to convene, our client came up POSITIVE FOR MARIJUANA A SECOND TIME. Both allegations were presented before the Board, where we obtained a
NO MISCONDUCT result.
Able To Retire Despite Three Positive Results
A Navy E-5 with 18 years of service came to us with a positive urinalysis for cocaine. Our client had previously been acquitted on a PRIOR URINALYSIS CHARGE for cocaine two years earlier. After refusing NJP, we secured a
NO MISCONDUCT result at an Administrative Separation Board. Two years later, our client came up
POSITIVE A THIRD TIME for cocaine. The command was understandably not at all inclined to allow our client to retire after THREE POSITIVE URINALYSIS in 3 years. Because the second case went to an Administrative Separation Board, no "double jeopardy" applied even though we beat that charge, so the command referred the second use charge to the Court-Martial. We eventually negotiated a PTA where the second urinalysis charge was withdrawn, and our client "stipulated" to the evidence on the third charge, with an agreement that protected our client from confinement, but exposed him to a BCD and loss of retirement. At the sentencing hearing, we secured a sentence of a one pay grade reduction and no punitive discharge, so our client was
ABLE TO RETIRE.
Restitution After Discharge for Navy E-6
A Navy E-6 with 19 years of service came to us after he had been discharged for a positive urinalysis. We filed a petition before the Board of Corrections and secured a reversal of his discharge. He was administratively REINSTATED INTO THE NAVY AND RETIRED, with an award of back pay and lost retirement benefits.
Navy E-7 NO MISCONDUCT For Positive Pot Result
Navy E-7 tested positive for marijuana and before he retained our services, requested to take a NCIS polygraph. Despite the fact that the NCIS polygraph examiner testified that our client was in his opinion deceptive on the polygraph, we secured a finding of NO MISCONDUCT at the Board.
Complicated Case Results in NO MISCONDUCT
Navy E-5 tested positive for cocaine and refused NJP. In our preparation for Courts-Marital, numerous problems were discovered which seriously increased the risk of conviction, confinement and punitive discharge in a Courts-Marital. Upon our advice, our client requested that the case be returned to NJP, with the intent to thereafter litigate the case at a separation board. At the board, all of the problems were disclosed to the board and we secured a NO MISCONDUCT finding from the board.
Despite Positive Result - Still Able To RETIRE From Navy
Navy E-7 with over 19 years of service came up positive on a urinalysis and ADMITTED USE OF THE DRUG. At the separation board, a 2-1 vote resulted in a recommendation that our client be discharged. We continued in our efforts to get this Chief retired. Although we were able to secure a recommendation from the Commanding Office that our client should be allowed to retire, PERS refused to do so and the Assistant Sectary of Navy ordered our client to be discharged. Again we could have stopped there – but did not do so. Through our cumulative efforts to delay the processing of the case, we were able to limp our client over the 20 year mark so that our client was able to
RETIRE from the Navy.
ACQUITTAL Of Charges From Irregular Procedures
An Air Force E-6 with 19 ½ years of service retained us to represent her for a positive urinalysis. The military attorney had recommended our client accept NJP. We advised our client to refuse NJP and demand Courts-Martial, which she did. At trial, we secured an ACQUITTAL without putting on any evidence, relying upon significant irregularities we were able to establish existed at the Air Force drug-testing lab.
E-5 tested positive for amphetamines during command unit sweep and separated for Misconduct - Drug Abuse. Petition filed with Board for Correction of Military Record based upon flawed chain of custody; improper changes being made to batch and specimen numbers after the fact; coordinator and observer submitting their own samples in this testing and having access to their own specimens. Board granted full relief to include setting aside of Misconduct Discharge, revising discharge date to date of Board's approved decision,
Honorable Discharge, RE-1 reenlistment code and eligibility for back pay from date of initial separation to date of approved Board decision granting relief
Wrongful Use of Cocaine - HONORABLE DISCHARGE GRANTED
Navy SEAL with excellent service record admitted wrongful use of cocaine. Realizing his career with the special warfare community was over due to the drug use, the focus at that point was to secure the best characterization of service upon discharge. At the administrative separation board, the government counsel argued that he should receive a General under Honorable condition discharge characterization and firmly took the position that an Honorable discharge was not appropriate due to the drug use. After presentation of our case, including not only presenting his outstanding service record, but also four character witnesses, the board voted 3-0 to grant him an HONORABLE discharge
Wrongful Use of Prescription Drugs - NO MISCONDUCT
Navy SEAL had accepted NJP for wrongful use of prescription drugs. As would be expected, he was found guilty at NJP and referred to an administrative separation board. Prior to the board, we had our client take a polygraph test, which he passed as to the issue of unknowing use of the drug. The command refused to drop the accusations. At the administrative separation board, we secured a 3-0 vote of NO MISCONDUCT.
Alleged Drug Use - Substandard Performance - NO MISCONDUCT - SERVICE RETAINED
Active Duty O-5, U.S. Navy/Medical Corps, required to show cause for retention before a Board of Inquiry for misconduct (wrongful use of a controlled substance - cocaine), and substandard performance of duty. Our representation resulted in the Board of Inquiry finding 3-0 NO MISCONDUCT, and no substandard performance of duty -- officer
Navy Officer Accused of Numerous Offenses - CHARGES WITHDRAWN
Navy nursing officer with over 20 years in service was charged with numerous offenses alleging theft and use of controlled drugs while deployed on a ship, as well as while employed part time at a civilian hospital. Prior to the Courts-Martial, civilian authorities then charged our client with multiple felony counts of prescription fraud. Tasked by our client to do all we could do to save his career and retirement, we were able to do so by negotiating a PTA that protected him against dismissal, and thereafter secured a sentence that did not include a dismissal. We were also able to secure a WITHDRAWAL of all civilian charges.
Prescription Fraud Incidents - CHARGES DISMISSED
Air Force officer was charged with three felony offenses in state court related to prescription fraud. We secured a withdrawal of one of the felony charges in one city, as well as a withdrawal of another felony charge in a second city. We negotiated an agreement as to the third felony charge to have the remaining charge reduced to a misdemeanor after a year of probation. Upon our return to court after the passing of one year, we secured an outright DISMISSAL of the charge over the prosecutor's objection. Our client's military records were not affected and he was recommended for promotion.
Air Force Officer Accused of Drug Use - CHARGES WITHDRAWN
A senior Air Force officer who was a department head was charged with use of a controlled substance. Our client was offered NJP, however upon our advice, he refused to accept NJP and demanded Courts-Martial. The charge was WITHDRAWN one week prior to the Art. 32 Investigation.
Army Warrant Officer Discharged In Lieu of Drug Charges
Army Warrant Officer was charged with AWOL, as well as use of drugs. We submitted a request for discharge in lieu of Courts-Martial, however the command refused to accept that and referred the charges to a General Courts-Martial. On the first day of trial we were able to secure a delay due to some procedural problems with the charges, at which time we then resubmitted the request for discharge in lieu of trial and were able to get it approved.
Drug Use With Questionable Company - NO MISCONDUCT
Naval reservist doing his two weeks of annual training overseas was interrogated about spending time with a questionable foreign national female. The reservist admitted to being with the female when she smoked marijuana, but insisted he did not use any drugs. He consented to provide a urine sample, which came up positive for cocaine. The reservist was taken to Mast for use of cocaine, was reduced in pay-grade and referred to an Administrative Separation Board. At the Board, we secured a NO MISCONDUCT finding.
Navy E-5 ACQUITTED Of Drug Use
An E-5 in the Air Force faced a General Courts-Martial for use of cocaine. Prior to trial, the Government preferred an additional charge related to BAH fraud. We secured a WITHDRAWAL of the fraud charge after the Art. 32, then when we went to trial on the drug charge, our client was
ACQUITTED. We secured the acquittal without putting on any evidence in our case.
Navy E-6 RETAINS CAREER Despite Drug Use Charge
An Administrative Separation Board recommended discharge for a Navy E-6, with over 18 years of service, for Misconduct, Drug Abuse (Amphetamines). We challenged the results of the board and had it set aside based on improper constitution of the board. Thereafter we secured a finding of NO MISCONDUCT at the new board allowing this sailor to continue his career towards retirement eligibility.
Distribution of Marijuana - NO CONFINEMENT & NO PUNITIVE DISCHARGE
A Navy Second Class was implicated in an undercover drug operation which involved allegations of distribution of marijuana, introduction of marijuana on a Naval installation, and distribution of one joint. Although the case was initially headed to a General Courts-Martial, we were able to negotiate a deal for referral to a Special Courts-Martial, with dismissal of all charges except distribution. Our pre-trial agreement provided for a confinement cap of 90 days, but at trial we were able to secure a sentence involving reduction in pay grade, with NO CONFINEMENT and
NO PUNITIVE DISCHARGE.
Distribution of LSD
Marine E-4 charged with distribution of 2 hits of LSD in the barracks to an undercover informant, as well as introduction of LSD onto the Marine base. We secured a pretrial agreement that provided for DISMISSAL of the introduction charge and a sentence of confinement for only 75 days, reduction to E-1, a BCD and forfeitures of pay.
Marijuana Distribution - CHARGES WITHDRAWN - NO MISCONDUCT
Navy Third Class Air Traffic Controller was charged with distribution of marijuana as a result of an undercover NCIS investigation in which the informant turned over to NCIS a bag of marijuana with our client's fingerprint on the bag. We secured a WITHDRAWAL of the Courts-Martial charges, and then when the case was sent to an Administrative Separation Board, we secured a finding of
NO MISCONDUCT from the board.
Navy Petty Officer Charged w/Public Intoxication - Disorderly Conduct - CHARGES DEFERRED THEN DISMISSED
A Petty Officer First Class contacted us to represent him on charges of Disorderly Conduct and Public Intoxication. Our client had been involved in an altercation with a friend in his front yard early in the morning, and both were heavily intoxicated. Based upon the noise and commotion at such an early hour, a neighbor called the police, and ultimately our client was charged with both offenses, with the disorderly conduct charge carrying a maximum possible term of confinement of twelve months in jail. At trial, we argued that the disorderly conduct charge was inappropriate due to the circumstances, and also were able to present evidence of our client’s position in the Navy, and his good conduct and service. Upon our argument, the judge DISMISSED the disorderly conduct charge and DEFERRED the public intoxication charge for two months, whereupon the charge was DISMISSED.
Navy Seal Charged w/Public Intoxication - Resisting Arrest - NOT GUILTY & CAREER RETAINED
Navy SEAL E-7 with an extensive combat history and outstanding reputation, faced the loss of his career based on charges in the local court system of public intoxication, resisting arrest, obstruction of justice and assault on a police officer. At the first appearance in General District Court, we secured a dismissal of the resisting arrest and obstruction of justice charges, and the court deferred the public intoxication charge for a period of 6 mths, at which time that charge was dismissed. In Circuit Court, a conviction of the charge of assault on a police officer would be a felony, with a mandatory minimum jail to serve of 6 mths – clearly this would result in the loss of his Naval career. At the trial by judge alone on the charge of assaulting a police officer, the court found that our client was NOT GUILTY.
Show Cause Board Inquiry for Alcohol Incident - CAREER RETAINED
Naval aviator faced a Show Cause Board of Inquiry and possible OTH characterization of discharge for charges related to an alcohol incident involving comments of a sexual nature toward a junior female officer, as well as racial overtones towards a senior officer. Our client was RETAINED by the board.
Another Show Cause Board Inquiry for Alcohol Incident - CAREER RETAINED
O-6 Active Duty Physician recommended for Administrative Separation through "Board of Inquiry/Show Cause" procedures for poly-substance abuse (alcohol and prescription drugs); alcohol rehabilitation failure; Misconduct - Violation of UCMJ Art. 86: Unauthorized Absence for 3 days and Unauthorized Absence for 7 days; Art. 133: Conduct Unbecoming an Officer; and, Art. 134: Drunkenness; as well as Substandard Performance of Duty and Failure to comport with expected standards for an officer of that grade and experience. Case determined by panel composed of three Flag/General Officers with final recommendation for Retention in the Military.
Navy E-4 Obtains General Discharge From Alcohol Incidents
Frocked Navy E-4. Background includes difficult adolescence to include being expelled three times, and flunking out one time during four years of high school at three different schools, disclosure of and enlistment waiver for pre-service underage drinking and DUI and pre-service marijuana use. During first year in Navy, NJP for underage drinking and incapacitation for duty due to consumption of alcohol followed by disenrollment from Alcohol Rehabilitation Program. Our firm successfully challenged disenrollment and obtained retention on active duty. One year later sailor tests positive for cocaine during random urinalysis testing. De-frocked and reduced to E-2 at NJP and processed for administrative separation. After initially waiving Administrative Discharge Board (ADB) we were retained, were able to get case back before an ADB at which we avoided OTH and obtained General Discharge.