MILITARY DRUG OFFENSE CASES

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.

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.

Command Urinalysis Sweep Irregularities

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