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Military Positive Drug Test Defense – Innocent Ingestion

I have a passion for defending military members who have tested positive on a military urinalysis.  I am motivated, in part, by the military’s unwillingness to concede that mistakes have been made and innocent service members have been separated based on positive drug tests when they never used the drugs.  Because the average military member […]

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The Coast Guard’s “stain on the military justice system”

In the midst of the military’s war on sexual assault, military commanders succumbed to political pressures on a daily basis, often sending good servicemembers to court-martial for sexual assault based on bare accusations.  As one of the Navy’s Special Victims Prosecutors, I often fought a war behind closed doors with staff judge advocates and commanders,

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Former Fitzgerald, McCain COs Face Negligent Homicide, Dereliction of Duty Charges Over Fatal Collisions

In my post almost 6 months ago in which I discussed the USS Fitzgerald collision off the coast of Japan and the law governing hazarding a vessel (can be found here), I predicted the CO would be relieved and face disciplinary action that could include court-martial charges. Now widely publicized, the former Fitzgerald and McCain

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BAH fraud theories impacted by the same-sex marriage case!

The SMARTEST thing anyone suspect in a criminal investigation can do is keep his or her mouth shut.  Don’t say anything.  Don’t try to explain how it’s just a big misunderstanding.  And most importantly, don’t ever, ever admit to anything that constitutes an admission or a crime. Some smart JAG with the Army’s appellate defense

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NAVY CANCELS ALL SEPARATIONS FOR PHYSICAL FITNESS ASSESSMENT (PFA) FAILURE

In NAVADMIN 304/17, the Navy cancelled the provisions of the Military Personnel Manual (MILPERSMAN) that permit the service to separate enlisted members for two or more Physical Fitness Assessment (PFA) failures.  The message also cancelled certain pending separations for PFA failure and permitted certain Sailors pending separation for PFA failure to opt to remain the

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Military Urinalysis Retest Following a Positive Urinalysis

Following almost every positive urinalysis, the military member will be asked to provide another sample.   Command often refers to this second sample as a “retest” but it really isn’t – it’s a second urinalysis. The command timeline for a military urinalysis is as follows: Day 1: urinalysis taken, placed into storage Day 2 – 5:

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