E-7 Retained Despite ADAPT Failure

An Air Force E-7 self-referred to ADAPT for alcohol abuse and entered treatment. Over the course of almost a year, our client attended multiple detox clinics, in-patient rehabilitation centers, and out-patient treatment programs.  Despite these ADAPT efforts, our client relapsed repeatedly (7x) during his treatment plan and was deemed an “ADAPT treatment failure.” Our client’s chain of command initiated administrative separations proceedings against him.  At his subsequent administrative separation board, we presented compelling evidence of his continued efforts to maintain sobriety, significant underlying mental health issues that led to his use of alcohol, and his overall exceptional military career. Result: The administrative separation board voted to RETAIN our client in the Air Force.

Category: Military Success Stories

Poppyseeds Cause Rare Codeine Test Result

A Navy Chief Petty Officer tested positive on random urinalysis test for codeine.  He was taken to Captain’s Mast and found guilty.  Subsequently, he retained the services of JAG Defense to represent him at his discharge board.  During our investigation into the circumstances surrounding the test, JAG Defense discovered that our client consumed multiple poppyseed muffins prior to the urinalysis test.  Traditionally, poppyseeds will cause someone to test positive for morphine, but not codeine. Working with an expert in forensic toxicology, JAG Defense discovered evidence that a new strain of poppyseed has been shown to make users test positive for codeine instead of morphine.  At our client’s subsequent discharge board, the government expert from the DoD drug testing laboratory admitted on cross-examination that the laboratory had seen a recent uptick in codeine tests, and that this increase was likely due to this new strain of “codeine-heavy” poppyseeds being introduced into the U.S. market. The board voted unanimously that NO MISCONDUCT occurred and RETAINED our client.  Following the board, JAG Defense petitioned the Commanding Officer to set aside our client’s Captain’s Mast in light of the evidence presented at the board.  The Commanding Officer agreed, set aside the previously imposed Captain’s Mast, and restored all rights and privileges that had been negatively affected by the entire process.  

Category: Military Success Stories, Positive Urinalysis Success Stories

TSgt Cleared Despite Two Positive Urinalysis Tests

USAF TSgt tested positive for marijuana on a medical drug screen.  Using that test result as the basis for probable cause, his command ordered him to provide another urinalysis sample 3-4 weeks later.  That sample also tested positive for marijuana.  Since the tests were so far apart, they were definitively NOT the result of a single exposure to marijuana.  Based on these test results, the command initiated administrative separation.  At his board hearing, we presented evidence that our client had been unknowingly consuming THC-infused vodka at or near the time of both urinalysis tests.  We presented expert testimony from a forensic toxicologist who confirmed that our client’s nanogram levels were consistent with consuming this laced vodka, perhaps without even feeling any marijuana-related effects.  We further presented compelling evidence of our client’s otherwise exceptional career and character.  Result: The board members unanimously voted that our client had committed No Misconduct and Retained him in the Air Force.

Category: Positive Urinalysis Success Stories

JAG Defense Proves Urinalysis Sample Came From Another Soldier

Army E-8 tested positive on a urinalysis test for amphetamines and benzodiazepines.  He was offered nonjudicial punishment, which he refused pursuant to JAG Defense advice.  His command elected not to pursue a court-martial.  Instead, he was processed for administrative separation and send to a discharge board.  During our investigation into the urinalysis collection, JAG Defense discovered significant flaws in the urinalysis collection program overall, and with our client’s sample specifically.  We were able to obtain the urinalysis bottle from the testing laboratory, which definitively showed someone else’s initials on the bottle attributed to our client!  It was the rare case where we were able to prove without a doubt that a false positive urinalysis test had occurred.  Result: The members voted 3-0 for No Misconduct and our client continued his Army career.

Category: Positive Urinalysis Success Stories

Army Officer Cleared of Pornography Charges

Our client was a 20-year officer in the U.S. Army Reserve.  While working in his civilian capacity as a government contractor, he was charged with the possession of pornography on a government computer system.  He was summarily fired from his contractor job and his Army Reserve command initiated administrative discharge proceedings against him.  He hired JAG Defense to represent him at his Board of Inquiry.  At his Board, we were able to demonstrate that the alleged misconduct occurred only in his civilian position, not when he was serving as a member of the Army Reserve.  In addition, we showed that the “pornography” was really the sharing of Facebook “memes” with his wife, who was deployed at the time.  While some of these “memes” were fairly explicit, we argued that they did not rise to the level of “pornography.”  Result: The Board of Inquiry voted 3-0 that our client had NOT possessed pornography as a member of the Army Reserve and RETAINED him in the Army.

Category: Military Success Stories

USMC Gunnery Sergeant Cleared of Positive Urinalysis Test

A decorated Gunnery Sergeant retained JAG Defense after she allegedly tested positive for D-Amphetamines on a random urinalysis test.  During our initial investigation of the case, we uncovered significant issues with our client’s urinalysis sample.  Using the collection program’s own records, we were able to demonstrate that the collection program had mislabeled another Marine’s urinalysis sample with our client’s information.  We presented this information to the command, which resulted in NO CHARGES even being filed against our client.

Category: Positive Urinalysis Success Stories

Navy Lieutenant Cleared of Misconduct, Retained at Board of Inquiry

Our client, a Navy O-3, went TAD to Ghana.  Following the trip, one of his disgruntled Sailors started circulating rumors that our client engaged in repeated sexual activities with Ghanaian foreign nationals, despite the fact that he was married.  These rumors swirled around the command for months before an anonymous tip was made to NCIS only days before our client was set to PCS.  After a rushed and laughingly inept “investigation,” our client was offered nonjudicial punishment, which he refused.  The command referred his case to Navy BUPERS, who ordered our client to show cause for retention at a Board of Inquiry for alleged violations of Article 92, 133, and 134, UCMJ.  At the Board, we presented overwhelming evidence of our client’s exceptional Naval career and integrity, as well as evidence that the accusing Sailor had a reputation for exaggerating and spreading rumors.  Result: After only 10 minutes of deliberations, the Board voted 3-0 that our client committed NO MISCONDUCT and to RETAIN him in the Navy.

Category: Military Success Stories

Naval Officer Involved in Camel Accident CoverUp – Retained

A group of officers and enlisted members went on liberty in Djbouti, Africa.  While on liberty, they purchased and consumed alcohol (with the exception of the driver).  On the way back to their base, they struck a camel, severely damaging their GOV.  In the ensuing investigation, a number of the members made false, conflicting statements about their consumption of alcohol.  Our client admitted to his own drinking, but on two separate occasions, denied knowledge of anyone else’s purchase or consumption of alcohol, which was not true.  Our client was taken to Admiral’s Mast, where he was found guilty of false official statement, conduct unbecoming an officer and a gentleman, and failure to obey a lawful regulation.  Following his Mast, our client completed his deployment in Djbouti, returned to the U.S., and then was notified that he would be required to show cause for retention in the U.S. Navy.  At his Board of Inquiry, our client took responsibility for making false statements on 2 occasions, as well as not properly executing the required liberty paperwork (which was the basis of the orders violation).  We presented compelling evidence of his otherwise positive Naval career, coupled with his exceptional performance on deployment, both before and after the incident.  Result: The Board voted 3-0 to RETAIN our client in the U.S. Navy.

Category: Military Success Stories

Coast Guard O-4 Retained After 2nd Alcohol Incident

Following an extremely successful command tour, a disgruntled subordinate initiated an EEO investigation against our client.  While the EEO claims were ultimately determined to be unsubstantiated, the investigation uncovered evidence that our client became excessively intoxicated during a junior officer’s “wetting down,” groped/fondled females at the bar, and led to his removal from the bar, urinating on the sidewalk, and failure to pay his taxi fare.  Our client was further charged with coercing his Chiefs Mess and Executive Officer into not reporting his behavior to the chain of command.  In addition, our client had a previous DUI 11 years earlier.  As a result, he received a 2nd “Alcohol Incident,” which requires mandatory discharge processing in the Coast Guard.  At his subsequent Board of Inquiry, we demonstrated that the allegations that our client coerced his Chiefs Mess and XO were entirely inaccurate, as were the allegations of groping and fondling females.  We further mitigated many of the additional allegations against him, and presented compelling evidence of his otherwise exceptional career.  Result: Despite 2 Alcohol Incidents, our client was retained in the U.S. Coast Guard and will retire honorably.

Category: Military Success Stories

Commanding Officer Navy IG Investigation – Client Promoted to O-6

Senior Officer (O-5) Commanding Officer was named subject in three complaints filed by a disgruntled former subordinate Department Head/Junior Officer concerning administrative orders request, IG Complaint and Article 1150 US Navy Regulations complaint of wrong, all related to alleged administrative misconduct by the Commanding Officer. Working very closely with assigned military defense counsel, we were ultimately able to achieve a favorable resolution of the issues/concerns and, despite an initial delay, the client was both promoted to O-6 and continued in career-enhancing assignments with no permanent adverse official military personnel file entries.

Category: Military Success Stories