Army Officer Cleared of Meth Charge

Army O-3 tested positive on a urinalysis test for methamphetamine.  Upon our advice, she refused nonjudicial punishment and demanded trial by court-martial.  At her subsequent General Court-Martial, JAG Defense attacked the credibility of the urinalysis program, showing numerous errors that occurred on the day of our client’s collection. The member panel deliberated for less than 30 minutes. Result: Without even having to testify, our client was found NOT GUILTY of wrongful methamphetamine use.

Category: Positive Urinalysis Success Stories

Poppyseeds Cause Rare Codeine Test Result

A Navy Chief Petty Officer tested positive on random urinalysis test for codeine.  He was taken to Captain’s Mast and found guilty.  Subsequently, he retained the services of JAG Defense to represent him at his discharge board.  During our investigation into the circumstances surrounding the test, JAG Defense discovered that our client consumed multiple poppyseed muffins prior to the urinalysis test.  Traditionally, poppyseeds will cause someone to test positive for morphine, but not codeine. Working with an expert in forensic toxicology, JAG Defense discovered evidence that a new strain of poppyseed has been shown to make users test positive for codeine instead of morphine.  At our client’s subsequent discharge board, the government expert from the DoD drug testing laboratory admitted on cross-examination that the laboratory had seen a recent uptick in codeine tests, and that this increase was likely due to this new strain of “codeine-heavy” poppyseeds being introduced into the U.S. market. The board voted unanimously that NO MISCONDUCT occurred and RETAINED our client.  Following the board, JAG Defense petitioned the Commanding Officer to set aside our client’s Captain’s Mast in light of the evidence presented at the board.  The Commanding Officer agreed, set aside the previously imposed Captain’s Mast, and restored all rights and privileges that had been negatively affected by the entire process.  

Category: Military Success Stories, Positive Urinalysis Success Stories

December 2022

U.S. Army O-3 General Court-Martial, Fort Hood, TX
Result: Full Acquittal

Category: Recent Results

November 2022

U.S. Army E-6 Special Court-Martial, JB Lewis-McChord, WA
Result: Full Acquittal

Category: Recent Results

October 2022

U.S. Marine Corps Warrant Officer Board of Inquiry, MCB Kaneohe Bay, HI
Result: No Misconduct/Retain

Category: Recent Results

Allegations of Wire Fraud Mitigated for AF SSgt

Staff Sergeant in the Air Force received Statement of Reasons (SOR) containing allegations of wire fraud.  JAG Defense successfully mitigated concerns demonstrating that the member believed the funds in question were income generated from her partner’s business and were meant to cover childcare expenses and no charges were filed.  Clearance retained.

Category: Security Clearance Success Stories

Clearance Retained Despite Debt Collections

Federal employee received Supplemental Information Request (SIR) regarding alleged student loan debt in collections, Article 15 and discharge from US Army while in entry training, previous work terminations and previous traffic citations (some unpaid).  JAG Defense successfully mitigated concerns demonstrating debt reduction plan in place and provided explanations for work/military terminations and traffic citations in the SF-86.  Clearance granted.

Category: Security Clearance Success Stories

TS Retained by Office of the President Employee

Applicant to a position with the Executive Office of the President received a Letter of Intent (LOI) to deny Top Secret eligibility due to allegations of domestic violence and failure to disclose these alleged incidents on the SF-86.  JAG Defense successfully mitigated concerns the adjudicators had demonstrating that the incidents in question had not resulted in any charges being filed requiring disclosure and they had been properly previously disclosed.  Top secret clearance retained.

Category: Security Clearance Success Stories

Traffic Stop Shown Not to be Disqualifying

Federal employee received Supplemental Information Request (SIR) regarding an allegedly non-disclosed traffic stop.  JAG Defense successfully mitigated concerns by demonstrating that traffic stop had been a ticket with a fine under $300, thus not requiring disclosure on the SF-86.  Clearance retained.

Category: Security Clearance Success Stories

Clearance Retained After Being Fired from Job

Federal employee received Statement of Reasons (SOR) alleging he had been fired from previous positions following a reprimand and unsatisfactory performance and failed to respond to a Supplemental Information Request (SIR) containing allegations of false statements made regarding GS Level when applying for a new position.  JAG Defense successfully mitigated concerns with previous employment and GS Level as well as demonstrating that employee’s security management officer never accessed the SIR and it was therefore never forwarded to the employee.  Clearance retained.

Category: Security Clearance Success Stories