Military Defense Case Results

  • Positive urinalysis

    Record Cleared

    A Navy SEAL first class petty officer was charged with a positive urinalysis. When we appeared before a separation board, the board recommended separation, although the discharge characterization was a General under Honorable conditions. After the board, we filed a petition for review before the Board of Corrections. After nearly 2 1/2 years of ongoing legal maneuvering, the Board of Corrections found in our favor and REVERSED the finding of misconduct. The Navy thereafter gave the sailor CREDIT FOR PAY PURPOSES for all time since he had been discharged and RETAINED him with full retirement pay and benefits, as well as CLEARED HIS RECORD of any reference to the alleged drug usage.

  • 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we were able to convince her command that the positive urinalysis was unreliable, that the LOR and UIF should be rescinded, and that separation action processing should cease immediately.

  • Positive urinalysis for cocaine.


    E-6 reduced in rate to E-5 at NJP and then processed for administrative separation as result of unit sweep positive urinalysis for cocaine. Numerous irregularities in collection process demonstrated to include untrained observers, loss of control of individual samples and defective chain of custody resulting in unanimous finding of NO MISCONDUCT.

  • Positive on a urinalysis for cocaine


    A Navy E-7 came up positive on a urinalysis for cocaine. Due to problems with the case and his service record, it was recommended that the client not take the case to Courts-Martial, but that it be returned to Mast. After Mast, client was taken to an Administrative Separation Board, where after two complete panels were disqualified, the third panel found that the client DID NOT COMMIT MISCONDUCT.

  • Charged with using cocaine

    Two Time Failure - NO MISCONDUCT

    Navy E-4 was charged with using cocaine and was ACQUITTED of the charge by an officer jury. Approximately eighteen months later, the client came up POSITIVE AGAIN on another urinalysis for cocaine, and this time the command took her to an Administrative Separation Board after she refused Mast. The separation board found that she DID NOT COMMIT MISCONDUCT.

  • Separated by an Administrative Separation Board

    Receives Payment From Inconsistency

    A former Navy First Class who had been taken to Mast and separated by an Administrative Separation Board for a positive urinalysis, came to us to assist in his efforts to maintain an action against the Navy for his case. Finding an inconsistency between a Department of Defense regulation and a Naval instruction, we filed suit in Federal Court. The Government offered to settle the case prior to trial for a financial payment which the client accepted.

  • Navy Man To RETAIN SERVICE Despite Multiple DUI Charges


    Navy E-6 with 18 ½ years of service was processed for misconduct based upon 3 convictions for driving under the influence. At an Administrative Separation Board, we secured a recommendation that the separation be suspended, however the command was adamant that our client be separated. Through continued representation after the board, we were able to get the Naval Personnel command to RETAIN our client so that he will be able to retire.

  • Air Force E-6 CHARGES WITHDRAWN In Compromising of Materials Charge


    An E-6 in the Air Force was charged with offenses related to compromising of performance testing materials. After an ART. 32 Investigation, the charges were referred to trial by General Courts-Martial, however we secured WITHDRAWAL of the charges prior to the trial.

  • E-6 Reservist RETAINED SERVICE After Charges


    E-6 Reservist, with 15 years of service, living overseas charged with improper registration of POV through tax-free on-base MVRO as well as multiple specifications of improper purchase of tax-free items through Exchange System when no longer eligible as result of demobilization. By unanimous vote of Administrative Separation Board our client was RETAINED and permitted to continue career toward achieving retirement eligibility.

  • Air Force E-5 ACQUITTED Of Drug and Fraud Charges


    An E-5 in the Air Force faced a General Courts-Martial for use of cocaine. Prior to trial, the Government preferred an additional charge related to BAH fraud. We secured a withdrawal of the fraud charge after the Art. 32, then when we went to trial on the drug charge, our client was ACQUITTED. We secured the acquittal without putting on any evidence in our case.

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