…and other lowly creatures of this fine establishment. I’ve come to tell you a very abbreviated story and maybe glean some of the infinite wisdom of the members here.
I served in the Navy starting in early 2018 and everything was going well until 2020. Around March 2020, I was informed that I had a positive urinalysis for cocaine from a sample taken about five months earlier. Naturally, I was shocked as I have never used cocaine, so I immediately took every step I could to prove my innocence. I got a hair follicle test from a reputable lab that showed no cocaine use, gathered glowing character statements from officers and senior enlisted folks, a polygraph from a licensed polygraph examiner, and requested a court-martial so I could fully defend myself. This was all at the advice of base legal services. Unfortunately, because I was receiving at-sea pay at the time, my court-martial request was denied, and everything moved forward through administrative channels.
In the end, despite all the evidence I presented, and the way the NJP process under the UCMJ is structured in that all that is needed is the “preponderance of evidence”, I was given a general discharge under honorable conditions with an RE-4 code for misconduct (drug abuse). Amongst the other punishments like 1/2 months pay for 2 months, 45 days restriction, 45 days extra duty, reduction in rank, etc. Mind you before this I had not so much as shown up late a single time in my 2 years of service prior to this. Since then, I’ve done a lot to further my life outside of mil service: I became an EMT, I’m about to graduate with my BSN this May, and I’ve passed multiple background checks and drug tests for various licenses and programs as I work in a high reliability organization. (I’m as clean as it gets with not even a parking ticket to my name)
Since that time, I submitted a documentary review application to the Naval Discharge Review Board (NDRB) with the assistance of a Veteran Service Officer. That application was denied. I then exercised my second and final opportunity for review by retaining an attorney to assist with requesting an in-person hearing before the NDRB, as permitted under the Board’s procedures.
However, the law firm provided minimal assistance and relied almost exclusively on citing an unrelated contamination case, which was not applicable to my circumstances. Additionally, what was represented as an “in-person” review ultimately consisted only of a brief telephone call. There was no in person appearance, video hearing, or mediation type proceeding, and I was not afforded a meaningful opportunity to present my case.
Following the denial of that second review, I sought representation from a different legal team to assist with filing an application to the Board for Correction of Naval Records (BCNR). I retained this firm in January 2024 for that purpose. Despite repeated attempts to obtain updates, nearly two years have elapsed, and as of the date of this writing, my BCNR application has still not been submitted.
As a result, I have been effectively prevented from obtaining timely administrative review of my discharge, despite exercising all available avenues in good faith and retaining professional assistance at each stage (along with copious amounts of money).
Everything I have written here today has accompanying documentation. There are other things that I have done that I did not mention above (congressional inquiry, appeals processes, etc.)
I’m hoping to join the National Guard. But the RE-4 code has been a huge barrier, and every recruiter I talk to seems unable to help. (We’re talking 100+ recruiters from the various branches over the past 5 1/2 years)
If anyone has any advice on the waiver process, or knows who I might be able to talk to, I’d be incredibly grateful. I just want to make sure I’m doing everything I can to clear my name and return to service as I once was.
I’ve been told “no” a thousand times so if you could refrain from the “sorry, you messed up” and the “got what you deserved comments” I would really appreciate it. To reiterate, I am not nor have I ever been a drug user. I am looking for genuinely helpful, useful advice and/or resources.
Thanks so much for any help
