A 16-year Navy E-6 tested positive for cocaine on a random urinalysis test. Prior to consulting with us, he consented to (and did not pass) two NCIS polygraph examinations. When his command took him to an administrative discharge board, we presented concrete evidence that our client’s wife had “spiked” the sugar bowl with cocaine. As a result, our client had unknowingly put cocaine into his morning coffee. On cross-examination of the government’s expert toxicologist, the expert conceded that the nanogram levels exhibited in our client’s urinalysis test were entirely consistent with our defense given the amount of cocaine ingested and the time between ingestion and the urinalysis test. Result: The members voted 3-0 that our client had committed NO MISCONDUCT and he was RETAINED in the U.S. Navy.
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