Case Conclusion Date: April 20, 2012
Practice Area: Military Law
Outcome: No Misconduct Found, Discharge Dropped, Member Retained
Description: A U.S. Navy Petty Officer Second Class was sent for discharge through an administrative Separation Board on an allegation of wrongful use of drugs under Article 112a, UCMJ. The UA result was 30 ng positive for marijuana. The government asked for a UOTHC discharge. The board members heard testimony which we presented from a defense expert in drug testing, and the defense asserted was innocent ingestion due to the fact that the client has accidentally eaten a "pot brownie" at a New Year's Day Party. The client had 19 years of service. The board hearing was held at NAS Whidbey Island in Oak Harbor, WA.