Army E-8 tested positive on a urinalysis test for amphetamines and benzodiazepines. He was offered nonjudicial punishment, which he refused pursuant to JAG Defense advice. His command elected not to pursue a court-martial. Instead, he was processed for administrative separation and send to a discharge board. During our investigation into the urinalysis collection, JAG Defense discovered significant flaws in the urinalysis collection program overall, and with our client’s sample specifically. We were able to obtain the urinalysis bottle from the testing laboratory, which definitively showed someone else’s initials on the bottle attributed to our client! It was the rare case where we were able to prove without a doubt that a false positive urinalysis test had occurred. Result: The members voted 3-0 for No Misconduct and our client continued his Army career.
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