No Misconduct Finding for Naval Officer

22 year Naval Officer was taken to a Board of Inquiry for allegations including fraud against the government (Art 132, UCMJ), failure to obey a general order or regulation (Art 92, UCMJ), conduct unbecoming an officer and a gentleman (Art 133, UCMJ), and numerous allegations of substandard duty performance.  At his Board of Inquiry, JAG Defense vigorously defended our client against all allegations by attacking the sufficiency of the investigation, impeaching the objectivity and motives of the Commodore who ordered the investigation and Board of Inquiry, presenting conclusive proof of our client’s innocence, and calling a virtual parade of fellow officers to testify to our client’s outstanding officership, integrity, and military character.  Result: The O-6 board members deliberated for only 5 minutes before returning a finding of NO MISCONDUCT on all charges, and RETAINED our client in the U.S. Navy.

Category: Military Success Stories

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.  

Category: Positive Urinalysis Success Stories

Naval Officer Retained After Positive Urinalysis for d-Amphetamines

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. 

Category: Positive Urinalysis Success Stories

Army Officer Retained at Board of Inquiry

A Second Lieutenant in the Army National Guard tested positive for cocaine on a random urinalysis test.  At his subsequent Board of Inquiry, JAG Defense presented compelling evidence of his military character, numerous errors by the collection facility, and the possibility of an unknowing ingestion.  The officer panel voted 4-0 that there was insufficient evidence that our client had committed any misconduct, and RETAINED him in the Army National Guard. 

Category: Positive Urinalysis Success Stories

Proactive Urinalysis Defense Results in Withdrawal/Dismissal of Charges

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.

Category: Positive Urinalysis Success Stories

Air Force E-4 Retained Despite Substandard Performance

Prior to JAG Defense involvement, Air Force E-5 was administratively reduced in paygrade to E-4 for substandard performance of duty, and immediately recommended for administrative discharge. Over the course of his 18 year career, our client had received numerous negative performance reports, been downgraded in his skill level assessment, been previously separated due to Reduction in Force, had failed to progress in multiple career fields, and had received numerous Letters of Counseling/Admonition/Reprimand. Client hired JAG Defense to represent him at his administrative separation board for substandard duty performance. At his board, we convinced the member panel to vote 3-0 for Probation and Rehabilitation for our Client. Despite that recommendation from the Board, Client’s chain of command opted to deny Client the opportunity for Probation and Rehabilitation, and continued to pursue discharge. JAG Defense continued to work with Client to fight the discharge, to include having him assessed for ADHD (where he was prescribed much-needed medication), and transferred to a new unit for a fresh appraisal of his duty performance. We solicited duty performance endorsements from his new chain of command, obtained evaluations from medical providers for his ADHD, and fought the discharge all the way to the Office of the Secretary of the Air Force. RESULT: Despite strong recommendations for discharge from the Wing, NAF, and MAJCOM levels, our client was RETAINED by the Office of the Secretary of the Air Force and will RETIRE from the USAF.

Category: Military Success Stories

Navy E-7 Charged with Child Molestation, No Misconduct Finding by Discharge Board

Prior to our involvement and based upon the erroneous advice of a Navy JAG, a Navy Chief with over 17 years of military service entered into a pre-trial diversion agreement (PDA) to resolve civilian charges that he sexually molested a 12-year old girl. Unknown to our client, this PDA qualified as a “Civilian Conviction” under existing Navy regulations and triggered mandatory separation processing. At his subsequent administrative discharge board, we convinced the members that the evidence did not support a finding that he committed the alleged misconduct. Result: Members found that NO MISCONDUCT occurred and our client was RETAINED in the U.S. Navy. 

Category: Military Success Stories

Navy E-5 Retained at Discharge Board for Disrespect to a Master Chief

A Navy E-5 was charged with disrespect to a Master Chief. Upon retaining our services, our client took our advice, refused Captain’s Mast and demanded a court-martial. Instead, his command initiated administrative discharge processing. At his subsequent administrative discharge board, we presented an overwhelming case in mitigation of our client’s actions. Result: Our client was RETAINED in the U.S. Navy. 

Category: Military Success Stories

Navy E-7 Retained with a 3-0 Board Vote of No Misconduct

A retirement-eligible Navy Chief allegedly made a racist comment to a subordinate Sailor. As a result, her command attempted to discharge her, which would have likely resulted in the loss of her retirement. At her discharge board, we presented evidence that the alleged “victim” of the racist comment had a history of filing baseless EO complaints throughout her career. Further, we demonstrated that the command failed to exhaust lesser administrative remedies for the situation. Result: The board voted 3-0 that our client committed NO MISCONDUCT and she was RETAINED in the Navy. 

Category: Military Success Stories

Air Force E-6 Retained After Testing Positive for Marijuana

Air Force E-6 with over 18 years of service was admitted to a civilian hospital. During her hospital stay, she allegedly tested positive for marijuana. Her command issued her a Letter of Reprimand (LOR), established an Unfavorable Information File (UIF), and initiated a separation action against her. Without even needing a board hearing, we were able to convince her command that the positive urinalysis was unreliable, that the LOR and UIF should be rescinded, and that separation action processing should cease immediately. Result: Our client was RETAINED without having to go through the stress and uncertainty of an administrative discharge board.

Category: Military Success Stories, Positive Urinalysis Success Stories