No Misconduct Finding for Navy E-4 After Positive Urinalysis Test

Navy E-4 tested positive on a urinalysis test for benzoylecgonine, the metabolite for cocaine.  He immediately retained the services of JAG Defense to represent him.  His command initiated Captain’s Mast, which he refused to accept.  As anticipated, his command opted not to pursue a court-martial, and instead sent his case directly to an administrative separation board.  At his subsequent board, JAG Defense presented testimony from a local bouncer who admitted to spiking our client’s drink with cocaine.  In addition, the government’s expert in forensic toxicology admitted during our cross-examination that the nanogram level in our client’s sample was scientifically consistent with the explanation of the spiked drink, and that our client’s test results were so low that he may not have even felt the effects of cocaine, let alone used it intentionally.  Result: The members voted 3-0 that our client committed NO MISCONDUCT and to RETAIN him in the U.S. Navy.