Expert: MARK A. HOWELL - 2/22/2011

Question
My son has been in the Navy now for 3 years and is a Corpman working in a stateside clinic. Never got deployed due to some back problems that developed in the first year he spent in Japan.  He recently had an incident while working at his clinic where he dozed off at his desk...slow day,...and a civilian walked by, saw him and reported him.  The next day he is put on stand by, and then interrogated.  He was read is rights but didn't fully realize what was going on.  The officer in charge put so much pressure on him to admit to some drug offense that he succumbed to a urine test. They also suggested that he was using too much 'dust-off' to clean his area and coerced him into saying he had sniffed it.  He is the kind of kid who respects his higher ups and will do what they tell him without question. He signed his statement because they told him to.  He had no idea he could refuse to make a statement or even refuse the urine test at that time.  His urine test incidently, to make matters worse, showed positive for marijuana use.  I know he does not smoke it regularly but had a couple of months ago when he went with his roommate to a local concert.  This whole situation has really fallen apart....they won't let him speak to a JAG officer until they make a judgement as to what his future will, or will not, be.  Everything I've read says he has a right to some legal council. They are switching him to another clinic now and he'll be under another chiefs command.  I, of course, am heartbroken for my son as it was such a major decision for him to join the Navy in the first place and it kills me to think he will lose his GI bill for one stupid mistake.  If they did a random urine on many in the current clinic he is working in...they'd be discharging the whole group.  This whole thing just seems very hypocritical to me.  I want to know what his rights are, any recourse he may have, and what should he do to fight for his position so he may fulfill his enlistment and retain his GI Bill.  This means EVERYTHING to him.  I am at such a loss....

Answer
Dawn,
I don't think you're getting the entire story.  Most of what he's telling you is true.   Sleeping on duty is a serious offense.  Marijuana doesn't remain in your system for "a couple of months" so I would question that part of his story.

Yes, he can refuse the urine test but then he'd be in worse trouble.  It's like refusing a breathalyzer test during a traffic stop, if you refuse, you're automatically considered guilty.  An innocent person would not be afraid to take the test.  He doesn't really need legal counsel because he hasn't been charged with anything yet, but he can certainly consult with them.

Putting him under another Chief's command may be just what he needs at this point.

You'd be surprised at how many times I get this same story from parents.  I receive phone calls almost every month at my base saying, "My son is innocent, he would never do anything like that."
99.9% of the time the son has a completely different personality away from home.

I understand your concern and worry, but from what you've told me I don't believe much will become of it or it would have happened already.  He'll most likely receive a monetary fine and maybe a "suspended bust", which means he could be "busted" down one rank and lose a stripe if he doesn't stay out of trouble for a certain period of time.

I wish him and you well.
Colonel H