JBSA-Fort Sam Houston, Texas–Following an unit sweep urinalysis testing, a 17.5-year Petty Officer First Class found himself in an unexpected position: having to fight for his continued military career.
After being notified of the positive urinalysis test, this noncommisisoned officer immediately found Veritas Military Law, to build a counter-offensive defense from jump. With the help of the Department of Defense’s chief forensic toxicologist, Veritas Military Law dug into the studies and the facts surrounding this PO2’s 72 hours before the sweep to find the truth.
Because this PO1 had engaged with our team early, he was prepared for the Disciplinary Review Board (DRB), Executive Officer Inquiry (XOI), and Captain’s Mast to request trial by court-martial.
Instead of proving a crime, the legal office decided for the “easy” path of Administrative Separation (AdSep), where the standard of proof is only preponderance of the evidence instead of proof beyond a reasonable doubt. Even with the lower standard, Mr. Tolin showed the board the truth about positive cocaine tests through the government’s own Department of Navy expert and a Department of Defense expert, then presented the uncontradicted facts from the Sailor’s perspective.
In the Navy, the only binding result is a finding of no basis (meaning if the board says you wrongfully used drugs once, but you’re still a a great sailor and recommend retention, you can still be discharged). Because Mr. Tolin was able to shine the light on the truth in this case, the AdSep board found no basis, and this Sailor gets to continue proudly serving his country until he chooses to retire.