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Navy officer accused of illegal use of prescription medication and substandard performance required to show cause for retention on active duty.

 In ARTICLE 112a, ARTICLE 133, ARTICLE 92, Board of Inquiry, Separation Board

In 2015, the Navy ordered my client to show cause for retention on active duty after the client tested positive on a routine urinalysis. We submitted information to Navy Personnel Command demonstrating that the positive urinalysis was the result of a prescription medicine taken for a diagnosed medical condition. The Navy ignored this information and insisted on subjecting the officer to the Board of Inquiry process.

A year later, during board of inquiry we were able to demonstrate that the use of the prescription medication was not wrongful. The prescription was used to treat a legitimate medical condition, not to induce intoxication or for any other wrongful purpose. We also presented extensive evidence of the officer’s accomplishments and long record of honorable service. The board members deliberated for less than twenty minutes.

Result: By a vote of three to zero, the board of inquiry determined that the allegations of misconduct were unfounded – none of the reasons cited by the command were supported by the evidence and separation for cause was not warranted.

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