Urinalysis Courts-Martial and Administrative Separations in the Military

Matthew Thomas Law, PLLC & Korody Law, P.A. are Military Defense Attorneys that represent and defend military service-members that are accused of violating Article 112(a), UCMJ or suspected of drug abuse at administrative separation. Article 112a, UCMJ, Wrongful Use of a Controlled Substance, has two related elements: (1) use of a controlled substance, that is (2) wrongful. The term “controlled substance” is defined in Article 112a, UCMJ, in three ways: (1) by what is listed in the text of the article, (2) through reference to a schedule as prescribed by the President, and (3) through reference to Schedules I through V of the Controlled Substances Act (CSA). The legal authorities that control "Drug Abuse" at administrative separation define "drug abuse," as: "Confirmed illegal drug use requires mandatory administrative separation processing. If processing is based solely upon evidence that may not be considered in determining characterization of service, the separation authority may direct retention or approve an honorable or general (under honorable conditions) characterization of service as warranted by the respondent’s service record."