Expert: MARK A. HOWELL - 2/28/2009

Question
QUESTION: Hi,
My boyfriend failed a drug test a few days after we had gone to a concert.
He has been fighting this because he has never done any drugs. We had been drinking that night and he got a little out of control and blacked out. I thought he just drank too much.
I know for a fact that he would NEVER do any sort of drug and we have several witness that can vouch for his innocence.
He was able to fight NJP and now has a board meeting on Monday. The military lawyer says it does not look good for him althought he has been in the Navy for 8years and has been an excellent sailor and never been in any trouble prior.
I have been asked to go as a witness which I will definatly do, along with a few others.
Do you know of anything else I could to aid him in this? I pray that he does not get kicked out, this is his life. He never did anything wrong. There were some jerks at the concert, I think they may have slipped something in his drink. His piss test popped up for meth. very very small traces.
Any advice? or opinions on what will happen? Any chance he will be able to stay in?

ANSWER: Michelle,
This is going to be a very difficult battle.  The board has heard just about every excuse in the book from all sorts of whiners and complainers.  It'll be tough to convince them you're not just another whiner.  With no solid evidence, such as somebody admitting they slipped him some Meth., it makes for a difficult case.  He's smart to seek legal counsel to represent him.  I assume it's someone from his JAG office?  Those folks are good, especially the women.  I've sat on many Courts-Martials and seen these little ladies fight tooth and nail for their client.  I saw a female Navy JAG defend a murderer and ended up making me feel bad for putting him in jail.  The men are good also, but you CAN request any defense attorney available.

Do not go to your NAVAL LEGAL SERVICE OFFICE, this is above their heads.  Go straight to the JAG.
I wish him the best of luck,
Colonel H



---------- FOLLOW-UP ----------

QUESTION: Thank you so much for your words.
After writing a 4 page letter to the board members, gathering witnesses and character references his lawyer (from navy legal and female) says he has a good case. So we are crossing our fingers hoping he just gets a drop in rank, which still stinks but better than the alternative. I have  NO CLUE how any of this happened, all I know is it's very scary.

Answer
Michelle
I know exactly how you both must feel.  The first time I walked into a federal courtroom I was scared and unsure what would happen and I was only a witness.  I'm glad to hear his lawyer thinks he has a good case.  That's a little bit reassuring.  Should he be found guilty for some reason, his length of service and clean past should minimize any punishment.  Officers may be scary but they're not all bad.  We were young once too!
Good luck and please let me know the outcome.
Colonel H