The UCMJ - Military Law Rights when notified of positive urinalysis / drug test.

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What are your rights under military law when you are notified of a positive urinalysis?
Check out this short video on your rights.
Right to remain silent under Article 31(b).
Right to consult with an attorney.
Servicemembers have rights under military law when notified of a positive urinalysis. They should be aware of the rights and options they have prior to making a decision and prior to speaking with law enforcement or their command.
There are several approaches the command and law enforcement may take once the drug lab notifies them the servicemember tested positive for drugs. If it is a very common drug such as THC, the command typically notifies the servicemember and presents them with a deal, that is favorable to the command. The deal typically consists of the servicemember agreeing to plead guilty at an Article 15 (Non-Judicial Punishment - NJP), and waiving their administrative separation board, resulting in an Other Than Honorable (OTH) characterization of service. This is an easy course of action for the command because it takes little to no time and resources for them. However, its not the best option, many times, because it does not give the service member the opportunity to challenge the results and potentially stay in the service.
Another route that is taken when the drug is less common, or of interest to law enforcement, is that the servicemember will be interrogated, with the goal of receiving information about the source of the drugs. Before speaking to law enforcement or the command, the service member should speak with an attorney. If the servicemember is brought in for interrogation, he/she can invoke their right to remain silent and request to speak to an attorney.
Once a statement is made, it makes the case more challenging, especially if the servicemember admits to drug use. The other risk is being charged with false official statement (Article 107). If a servicemember's statement deviates or is inconsistent, he/she can be charged with false official statement.
Article 31(b), of the UCMJ, states:
"No person subject to this chapter may interrogate, or request any statement from,
an accused or a person suspected of an offense
without first informing him of the nature of the accusation and
advising him that he does not have to make any statement
regarding the offense of which he is accused or suspected and
that any statement made by him may be used as evidence against him in a trial by court-martial."
Although article 31(b), of the UCMJ, does not specifically state the service member be advised he/she can consult with an attorney prior to questioning. This is a right the service member has and is typically conveyed to the service member.
When a service member first mentions he/she is invoking the right to remain silent per Article 31(b) of the UCMJ, law enforcement may ask the interviewee to clarify or if he/she is sure. They may also leave the room and come back in an hour or so in order to build anxiety in the mind of the interviewee. Make no mistake, this is to encourage the interviewee to continue speaking despite invoking the right to remind silent.
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[@efbnes]

I purposely failed a UA for Marijuana because I wanted to get out of the Air Force. It worked. 62 day process. Article 15, general discharge. Being in the military sucks.

[@ivorywhite7161]

​@wadefiller2930don't go out that way. You sound depressed, have you tried talking to behavioral health. You can let them know how you been feeling and if your depression is bad enough they might med board you. But I highly insist on talking to behavioral health then talk to the chaplain.

[@ivorywhite7161]

@wadefiller2930 ok I think that's like the army behavioral health. I was stressed asf and they gave me some meds that made me undeployable then I got retired after 7+ years. Just try to get out in a way that doesn't mess up your VA claims or anything. How much time left on your contract if you don't mind me asking

[@ivorywhite7161]

@wadefiller2930 the Co should have no say so when it comes to your health. My BH doctor started my med board. I wish you good luck and hope it gets better

[@woodzleblanc5235]

how long ago was this man? i’m trying to gtfo the army my leadership is so toxic

[@chrisloydmas8499]

I’m going tomorrow to speak to a JAG and get my ADSEP started. I popped after leave. Same situation. I never should have joined. I’m a carpenter and that’s where I find peace. Good money and I work doing what I like. Whenever all this concludes, that’s exactly what I’ll be back doing. To those who served, are serving or plan to serve. Thank you for your dedication and decision to fill those gaps.

[@enemroy]

I don't suggest using the free military attorney. When I popped positive I hired a civilian attorney that had much experience dealing with these cases and he got me off and I only had to pay for the initial consultation so it was basically free.

[@MilitaryDefenseLitigator]

Damn. That’s a good deal.

[@monkey4602]

This advice is amazing

[@MilitaryDefenseLitigator]

Thanks.

[@roberv8664]

What if it happened in 2008? I wish I knew more about this...I was so young, dumb, and ignorant.

[@stevemartin1320]

This would have been nice to know back in 1998. NAS Pensacola, MATSG1. Student-status. OTH....twice! I popped the piss test when I arrived at restriction barracks. Am I remembering this correctly?

[@Johnnnnyyy24]

Is it true that the drug screening test at MEPS begins at 50ng and then a confirmatory test at 15ng of initial screening showed a positive (THC)

[@willisshields647]

Good question I'm following hope he answers your question

[@jasonsolis5416]

its true, i failed and at the 6105 you sign before njp says your test levels, with anything higher than 15 ng a fail

[@MilitaryDefenseLitigator]

Yes. You are correct.

[@MilitaryDefenseLitigator]

Yes. There is an initial immunoassay test done with a cutoff of 50ng for THC, then a confirmation chromatography/mass spectrometry test done with a cut off of 15ng for THC. Here is a link to the DOD drug testing procedures and program: www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/101016p.pdf?ver=yNtAyTrYnY-8wMCQDa9vpw%3D%3D