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I'm getting separated from the military on a misuse of dru…

I'm getting separated from the...
I'm getting separated from the military on a misuse of drugs
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Answered in 18 minutes by:
12/1/2014
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,932
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
Hello,

Thank you for the information, will you please tell me what your legal question is? Also, did you test positive on a urinalysis (random, unit, or what) and what drug was it? Are you saying that you didn't use this drug? Did you appeal your NJP? If so, what was the result? Finally, how many years service do you have and what military branch are you in?
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Customer reply replied 3 years ago

My Question is is there anyway I can beat my case I tested positive for methamphetamine/deamphetamine and yes I'm saying I'm not using this drug and never touch this drug and I was told not to appeal it because I would lose the case by my jag attorney and I have been in 2 years and 10 months and I have already reenlisted for a mother 4 years

Hello again and thank you for your reply. You don't say what Service you are in can you tell me that and also whether or not your entitled to a Board versus just notification?
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Customer reply replied 3 years ago

Army and I haven't been in for 6 years so I can't attend a board

Thank you and yes, that is correct for the Army. It is unfortunate that you did not appeal your NJP (Article 15) results since that is really your only option to challenge the findings of your CO at NJP. You can submit matters for consideration and in rebuttal to your separation paperwork, assuming you didn't waive those rights. I will tell you, as you likely already know, it is very difficult to challenge a positive drug test unless you immediately went out after doing your urinalysis and got a civilian drug test that showed negative or you have a substantiated challenge to the chain of custody of your sample. Sometimes, if a servicemember is taking medications that they can substantiate and that are known to cause false positives, that too would be evidence that could have been presented in your NJP appeal or with your submission with the separation paperwork.

Otherwise,there isn't anything to do to stop the process. If you are separated despite your objection and rebuttal, you can, if you choose, file an application for an upgrade and removal of the NJP from your record via the Board for Correction of Military Records for the Air Force. That too though is not an easy road, you must convince them that the urinalysis results were faulty or chain of custody was bad, etc. But that is an option.

Please feel free to ask follow up questions if you have them. I would be glad to assist you further if I can.
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,932
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
Marsha411JD and 87 other Military Law Specialists are ready to help you
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Customer reply replied 3 years ago

But would writing a letter to the state senator help me out

Honestly, although it is your right to send a Congressional Inquiry to your U.S. Congressional representative, it isn't going to change the outcome here. The evidence is there and unless you have proof that someone specific tampered with your urine or they have made this whole thing up, the congressional inquiry will just be a rubber stamp of what the Army tells them. In other words, what happens when you send a letter in is that the office of your representative sends an inquiry to the Army and it goes down to your Command to respond to. As long as they get a response, that is all the representative cares about and they send you a letter, most of the time, that says you will need to avail yourself of the options I discussed with you. But again, you are always free to send your letter, I just want to make sure you understand what the likelihood of a positive outcome is going to be.

I wish I had better news for you, but the process is what it is and you have to have evidence of a mistake in order to succeed going forward and then jump through the hoops I mentioned.
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Customer reply replied 3 years ago

Well if that's the case is it anyway I can prove that if I did came up positive on a ua that it was unknowingly ingested

You would have had to already presented that evidence at your Article 15 hearing and it would have to be reliable evidence. In other words, just saying it, isn't enough, you would need someone reliable to say they gave it to you or witnessed someone spike your food or drink. If you have that, you can present that with your rebuttal to your admin sep paperwork and your application for an upgrade to the Board for Correction of Military Records. But again, it has to be real reliable (believable) evidence. It is an uphill battle at this point. That doesn't mean you shouldn't try, but expectations should not be too high.
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