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
him with full retirement pay and benefits, as well as
CLEARED HIS RECORD
of any reference to the alleged drug usage.
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and UIF should be rescinded, and that separation action processing should
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
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
DID NOT COMMIT MISCONDUCT.
Navy E-4 was charged with using cocaine and was
of the charge by an officer jury. Approximately eighteen months later,
the client came up
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.
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 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
our client so that he will be able to retire.
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
and permitted to continue career toward achieving retirement eligibility.
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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