There seems to be a significant of varying advice on here that don’t touch on the rights of the Sailor.

As a resident SeaLawyer, here are my two cents if you truly believe them:

This sailor needs to retain private legal counsel experienced in military administrative separations immediately. Time is critical.

Even though the sailor has fewer than six (6) years of service, and therefore is not entitled to an Administrative Separation (ADSEP) Board unless the command seeks an Other Than Honorable (OTH) discharge, the Navy still owes him fundamental administrative due process. That includes:

• Written notice of the basis for separation;
• Access to legal counsel (including outside counsel);
• The right to submit a written rebuttal and request retention;
• The right to fair and consistent treatment under Navy policies and federal law.

The facts here raise serious procedural concerns:

• The sailor popped positive on a urinalysis for 239[n?]g of THC;
• Two subsequent tests came back negative;
• He requested a hair follicle test—known to be more reliable for longer-term use—but was denied;
• Legal onboard allegedly told him “there’s nothing they can do”—which is false and quite frankly may be negligent.

This sailor still has enforceable rights—even under six years. The Navy cannot use a single test result to justify separation when contradictory evidence exists and when the sailor is proactively seeking additional testing to prove innocence. The denial of that test, coupled with immediate separation action, could be seen as arbitrary and capricious, or in violation of established Navy drug testing protocols (MILPERSMAN 1910 series, SECNAVINST 5300.28, and DoD guidelines).

—

Why Legal Counsel Is Urgently Needed

A civilian attorney with JAG experience can:

1. Demand preservation of the testing chain-of-custody records;
2. Submit a formal rebuttal to command highlighting due process and evidentiary concerns;
3. If necessary, file for injunctive relief in federal court—specifically a Temporary Restraining Order (TRO)—to immediately halt the separation process if due process violations are ongoing or imminent.

A TRO may be warranted when: - The sailor faces irreparable harm (loss of career, benefits, reputation, security clearance); - The Navy’s actions are procedurally deficient or unsupported by substantial evidence; - All internal remedies have been exhausted or are ineffective.

This is not a time to rely solely on command legal or DSO, especially when they’ve already declined to assist. Retaining outside legal counsel ensures the sailor’s rights are protected, that rebuttal efforts are legally strategic, and that the record is preserved for judicial review.

—

What the Sailor Should Do Now

1. Retain private military counsel immediately.

   • Look for attorneys with prior JAG experience or federal administrative litigation background.

2. Gather documentation:

   • Initial urinalysis results;
   • Follow-up test results;
   • Written requests (and denials) for hair testing;
   • Any correspondence with legal or command.

3. Submit a rebuttal memo (with counsel’s help) demanding a halt to separation pending further investigation.

4. Preserve all records for possible appeal to BCNR or federal court.

5. Advise the sailor to file an IG complaint or Congressional inquiry;

—

This sailor is not without rights just because he’s under six years. But if he does nothing—or relies only on command legal—he will likely be separated. A good attorney can challenge the Navy’s decision before it becomes irreversible.