Navy E-6 with 18½ years tested positive on a urinalysis test for marijuana at a level of 42 ng/mL. Upon our advice, he refused Captain’s Mast and demanded a court-martial. When his command refused to permit him to present his case at a court-martial, we represented the First Class Petty Officer at his administrative separation board. There, we presented evidence that our client knew the urinalysis was coming, that he could have possibly unknowingly ingested marijuana to cause a test result with a nanogram level like his, and that he had passed a civilian polygraph examination. The members deliberated only 8 minutes before returning a 3-0 vote for NO MISCONDUCT. Our client will continue on in his career and will be able to RETIRE.
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