You are a Military Service Member that had a Positive Drug Test. What Should You Do?

You are a Military Service Member that had a Positive Drug Test. What Should You Do?

Military service members are tested twice yearly for drug use. The test is typically a urinalysis and you’ll be screened for marijuana, cocaine, amphetamines and opiates. In some cases you may also be screened for other drugs like barbiturates, LSD, or even steroids. The effect on the service members career can be devastating and include military separation or court martial. What should you do if you come up positive on a test? What if you feel you have been falsely accused? Should you accept the offer of a free trial defense or retain private counsel? Steve and Patty Shewmaker with the Law Firm Shewmaker & Shewmaker answer these questions and many more in this video.

Navy Corpsman with PTSD and a Positive Urinalysis Retains Retirement and Benefits Thanks to Shewmaker & Shewmaker

Navy Corpsman with PTSD and a Positive Urinalysis Retains Retirement and Benefits Thanks to Shewmaker & Shewmaker

Hello Friends,

Robert Capovilla here from Shewmaker & Shewmaker.

Last week I had the honor to represent HM2 Christopher Alliano at a separation hearing held at the U.S. Navy Recruiting Command in Millington, Tennessee.

HM2 Alliano hired me after he tested positive for THC from a urinalysis done in June 2019. At the time he tested positive for THC, HM2 Alliano was a 19 year veteran of the United States Navy, a combat veteran, a decorated Naval Corpsman, a survivor of the 2015 Chattanooga shootings that took place at the Navy Reserve Center in Chattanooga, and a recipient of the Combat Action Ribbon.

In October 2006, HM2 Alliano forward deployed with Company D, 3D Amphibious Assault Battalion, 2d Marine Expeditionary Force in support of Operation Iraqi Freedom. During that deployment, several Marines that I spoke to who served with HM2 Alliano described him as an outstanding “doc” who was not afraid to put his own life at risk to save Marines in combat. For his efforts, HM2 Alliano received the Navy and Marine Corps Achievement Medal with a Combat Distinguishing Device (Valor) for heroic achievement.

After that deployment, HM2 Alliano began to struggle with PTSD and combat trauma. He did not report his symptoms because he did not want to jeopardize his career. In 2015, HM2 Alliano came face-to-face with the terrorist who murdered several Marines and Sailors at the recruiting station where HM2 Alliano worked. HM2 Alliano was forced to barricade himself in the office while the terrorist shot at him several times. After that horrible incident, HM2 Alliano’s symptoms grew worse and more defined.

By June 2019, HM2 Alliano was suffering from several PTSD associated ailments that he kept secret from his command. As a result, he began to self-medicate.

During the board, the Recorder requested that HM2 Alliano be separated from the Navy with a less than an honorable discharge and, as a result, lose his retirement. After 4 hours of litigation, the Board rejected the Recorder’s argument and awarded HM2 Alliano with an honorable discharge, but recommended that the sentence be suspended for 6 months so that HM2 Alliano could retire with all his benefits in place.

HM2 Alliano will now retire from the Navy after 20 years of service with a full retirement and all his benefits intact.

PTSD remains a very serious issue for all our combat veterans who have served overseas in a combat zone. Many of these veterans do not feel comfortable reporting their symptoms because they don’t want to jeopardize their careers or risk being transferred to a different unit. If you’re struggling with PTSD or PTSD related issues, please, please get the help that you need.

Robert Capovilla
Shewmaker&Shewmaker
Military Defense Attorney