Army E-6 tested positive for marijuana on a command sweep urinalysis. He was offered an Article 15, but followed our advice in turning it down and demanding a court-martial. During exhaustive pretrial preparation, we identified errors and deviations from the Army Regulation governing urinalysis collection. At trial, we attacked the collection procedures used by his unit during the unit sweep. On cross-examination, we were able to elicit admissions from ASAP personnel that they made numerous mistakes in collecting our client’s sample, and that they should have invalidated the sample because of those mistakes. The officer member panel found our client NOT GUILTY of the charge against him.
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