No Misconduct Ruling After Navy E-3 Tested Positive for Amphetamines

A Navy E-3 tested positive for amphetamines on two separated urinalysis tests two days apart. After retaining our services, we worked with an expert toxicologist and ascertained that both of his positive military urinalysis tests were caused by his ingestion of Adderall, a prescription medication. Our subsequent investigation found that our client had unknowingly ingested an Adderall in the days leading up to both of his urinalysis tests. At his administrative discharge board, our cross-examination of the government’s expert witness led to his acknowledgment that the timing of ingestion, the specific nanogram level, and the proposed medication that we had presented as an explanation for the urinalysis tests was entirely consistent with the urinalysis testing results. Result: By a vote of 3-0, the board determined that our client committed NO MISCONDUCT and he was RETAINED in the U.S. Navy.