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Remand Decision

air force drug conviction

It brings us great joy to report that the Board for Correction of Naval Records granted our client full and complete relief, including retroactive retirement and back pay, for a case in which he was framed for wrongful use of a controlled substance.  Our client, a Navy LDO (limited duty officer) ensign, was found guilty at nonjudicial punishment (NJP) after his ex-girlfriend spiked his drink with ecstasy without his knowledge and then an anonymous woman called his ship’s Ombudsman to say that she had witnessed our client using controlled substances.  Our client, who did not know that he had consumed ecstasy, voluntarily consented to a urinalysis, which tested positive for d-methamphetamine.  His commander exercised the “attached to a vessel” provision of Article 15, UCMJ, which prohibits service members in the status of “attached to a vessel” to turn down NJP for a court-martial.  Thus, our client was forced to submit to NJP where the hearing officer found him guilty.  The Navy improperly reverted him to his enlisted status and discharged him with a General Discharge.  We filed a petition in the United States Court of Federal Claims challenging both the NJP and the discharge.  The court remanded the case back to the BCNR which sought advisory opinions from the Navy Office of the Judge Advocate General.  The opinion from the Administrative Law Division agreed with us that our client was improperly reverted to his enlisted status and given a General Discharge.  The Criminal Law Division opined that the NJP was 100% proper.  The BCNR disagreed with the Criminal Law Division and concluded that our client was not guilty of wrongful use of a controlled substance.  The BCNR granted our client full and complete relief by setting aside the NJP, retroactively promoting and retiring our client, and ordering the Navy to provide back pay.  We feel that justice has been served and we are so happy for our client and his family.

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