Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.
False negatives are a commonly stated defense, but there is no solid evidence of a false negative. By that, I mean that there has never once been a test set forward where the sample was absolutely known to have no THC where the sample then showed THC following the more stringent screening.
Now, there is plenty of anecdotal evidence of a false positive, but that is entirely based on us believing the person that says that they didn't actually use any THC.
So, unfortunately, your statement alone that this is a false negative isn't going to be enough to convince command not to take some action. They'll pretty much have to. All positive drug tests, not related to a prescripted medication, must be processed for separation
from the military for drug abuse. That would result in a General Discharge
, at least unless you are entitled to a board hearing based on 6 or more years of service (or if they seek an Other than Honorable discharge
). Only before a board hearing would you even have the ability to plead the "false positive" argument.
If you have less than 6 years and they don't go for an OTH, they can just give you a General through a notification process discharge, where you'll have no real ability to fight it.
If you get anything less than an honorable discharge, you'll lose the GI bill.
I doubt they'll go for any serious punishment, beyond an Article 15
(non-judicial punishment). You'd have to demand trial by court martial
to end up with a record, but fi you do that it will be permanent. Only the President can remove a military conviction, so it stays on your record forever.