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.  

Navy O-5 tested positive for d-amphetamine on a random urinalysis test and was processed for administrative discharge at a Board of Inquiry.  JAG Defense fully investigated the circumstances of his positive urinalysis test, to include a review of the toxicology report from the drug testing laboratory.  In doing so, we uncovered a number of important aspects of our client’s drug test result.  First, the ration of d-amphetamine to l-amphetamine present in our client’s urine sample was 3:1, which indicated that the positive test result was due to a prescription medication, rather than a “street” amphetamine.  Specifically, the ratio was entirely consistent with Adderall, a commonly prescribed medication for ADHD.  Further, the d-amphetamine to l-amphetamine ratio was consistent with a recent use (within 12-24 hours), rather than a use that occurred many days earlier.  This was particularly important because our client’s nanogram level was fairly low, so it ruled out the government’s argument that he had used a significant amount many days earlier and probably had a much higher level at some point.  Armed with this information, we investigated our client’s actions in the 12-24 hours prior to his urinalysis test, which included his handling his wife’s Adderall medication on the morning of his urinalysis test.  At his Board of Inquiry, we presented testimony from a forensic toxicologist to demonstrate that our client’s test result was entirely consistent with his accidental ingestion of some minute amount of his wife’s Adderall on the morning of the test collection.  Result: By a vote of 3-0, the panel of O-6 officers found that our client had committed NO MISCONDUCT and RETAINED him in the U.S. Navy. 

USN E-5 tested positive on a command-sweep urinalysis for cocaine.  His command began preparations for Captain’s Mast and an Administrative Discharge Board.  Immediately after being retained, the attorneys of JAG Defense began a thorough investigation into the allegations of drug abuse.  In doing so, we identified a suspicious tea consumed by our client in the days leading up to the urinalysis collection.  We arranged to have the tea tested by a private laboratory, which confirmed the presence of coca leaf in the tea.  Armed with this scientific evidence, our attorneys prepared a comprehensive and compelling package detailing the findings of our investigation and provided it to the chain of command, to include the laboratory results, sworn affidavits of witnesses, and scientific articles about urinalysis testing following the ingestion of “coca tea.”  Result: Without even having to go to a discharge board hearing, the charges against our client with WITHDRAWN and DISMISSED.