Last week we did a Marine Corps administrative separation board for a staff
sergeant who tested positive for cocaine in an amount of 121ng/ml. That's
a pretty low amount. We were successful. The board found no basis for
separation.
During the course of the notification process, a memorandum was sent to
us (probably inadvertently) indicating Marine Corps success rates in drug
cases between 2012 to 2015. Ideally, we would want more recent and more
complete data. But, anecdotally I would say that these numbers are probably
consistent from year to year. Looking at our recent results, it's
clear that we have achieved great results comparable to those in the memo.
Another potential take away is that statistically, there probably is not
much incentive in waiving your right to a board and taking an OTH. You'll
probably fare better with the board - with the caveat that you need to
consult with counsel before making that kind of decision.
The memorandum stated in part:
"(1) From January to June 2015, Parris Island's Administrative
Law section processed eight administrative separation boards (AdSeps)
in which drug abuse was the sole basis for separation. In all eight boards,
the basis was substantiated and the Marine separated resulting in a 100%
separation rate at AdSep.
(2) From January to June 2015, Camp Lejeune's Administrative Law section
has processed 26 boards for drug abuse. Of those, 20 boards resulted in
separation. Of those 20, two were unconditional waivers...The remaining
18 boards resulted in separation with the following recommended characterization
of service: 10 other than honorable, 7 general..., 1 honorable. This is
a 77% separation rate at AdSep.
(3) As of 12 August 2014, 1st Marine Division convened 40 boards in the
previous year with drug abuse as the basis for separation. Of those boards,
14 out of 40 (35%) found no basis or chose to retain the Marine. In 10
out of 40 (25%) boards, the Marine was separated with an honorable or
general...characterization of service, and in 16 boards the Marine was
separated with another than the honorable characterization of service.
AdSep resulted in an overall separation rate of 65%.
(4) Marine Corps-wide, from 2012 to 2013, there were 50 courts-martial
where Article 112 (a) (drug offenses ) was the sole or primary charge.
Only 32 of these 50 courts-martial were contested... Of these 32 contested
trials, the Government only obtained a conviction in 14. Thus, court-martial
resulted in a 44% conviction rate when the accused Marine pleads not-guilty.
Some of these cases almost certainly encompassed more serious drug offenses
such as large quantities or possession/distribution in which the accused
was caught in possession of the contraband or confessed to the possession/use/distribution;
thus resulting in higher conviction rates than might be expected where
the primary evidence is a positive urinalysis.
(5) In the first two quarters of the fiscal year 2015, the Marine Corps
took 11 cases to court-martial where the only charge was a wrongful use
of a controlled substance. Of these 11 cases, seven resulted in a finding
of not guilty. Of the four guilty verdicts, two were guilty pleas. Thus,
out of nine contested courts-martial, the Government only obtained a conviction
twice, a 22% conviction rate at courts-martial in the fiscal year 2015."
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Categories:
- Administrative- Separation
- Drug Cases