An Officer in the Navy Reserve tested positive for cocaine at a level approximately 100 times the Department of Defense cutoff. Our investigation into the command’s urinalysis program unearthed a history of errors and noncompliance with the applicable OPNAVINST. At our client’s subsequent Show Cause Board, we presented evidence that the collection facility had an error rate of over 25%. Result: The members voted 3-0 that our client committed NO MISCONDUCT and he was RETAINED in the Navy Reserve.
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