Navy E-5 tested positive on a random urinalysis test for cocaine, and (under the Navy’s Zero Tolerance policy) was processed for administrative separation with a possible OTH characterization of service. The military lawyers at JAG Defense conducted a full investigation into the urinalysis program at the command, uncovering a number of problems with the collection of our client’s urinalysis sample. These problems included the command’s drug collection program using the wrong Social Security Number for our client since his arrival at the command. Further, our cross-examination of the government’s forensic toxicologist demonstrated the possibility that our client could have unknowingly or innocently ingested cocaine, given his extremely low nanogram level. Result: The member panel voted 3-0 that NO MISCONDUCT had occurred, and our client was RETAINED in the Navy.
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