A positive military drug test can feel like the end of your career — but it’s not necessarily the end of the story. While the military’s drug policy is strict, one failed test does not automatically mean discharge. You still have rights, options, and possible defenses.

At the National Security Law Firm (NSLF), we’ve helped service members fight back after a positive urinalysis — protecting their careers, benefits, and reputations. This post explains the potential consequences, your rights under the Uniform Code of Military Justice (UCMJ), and how an experienced military attorney can make all the difference.

Immediate Impact of a Positive Military Drug Test

When a positive result comes back from the lab, your command is notified quickly — often within 5 business days. From there, you can expect:

  • Suspension from sensitive duties (flight status, classified access, armed watchstanding, etc.)

  • Interim removal from special programs like Special Forces, nuclear duty, or leadership billets

  • Initial counseling or notification that disciplinary or administrative action is being considered

This is the point where you should stop talking about your case and get legal help immediately. Anything you say to command, investigators, or even fellow service members could be used against you.

Possible Consequences

The outcome depends on your branch, rank, service record, and circumstances — but here are the most common paths.

1. Non-Judicial Punishment (NJP/Article 15)

  • Reduction in rank

  • Forfeiture of pay

  • Extra duties or restriction

  • Permanent adverse entry in your service record

NJP is faster and less formal than a court-martial, but accepting it means you’re essentially admitting to misconduct.

2. Administrative Separation

The military’s “zero tolerance” policy requires commands to process service members for separation after a confirmed positive, with limited exceptions (such as voluntary self-referral for treatment).

Possible discharge characterizations:

  • Honorable (rare in drug cases)

  • General (Under Honorable Conditions) – retains most VA benefits, but not the GI Bill

  • Other Than Honorable (OTH) – loss of most or all veterans’ benefits, and significant stigma

Whether you get a board hearing depends on your time in service and rank:

  • Under 6 years: Usually no board, unless you demand one and qualify

  • 6+ years or NCO/officer: Entitled to a board where you can present evidence and have legal counsel

3. Court-Martial (UCMJ Article 112a)

If the command chooses, they can charge you with wrongful use of a controlled substance under Article 112a. This is a federal criminal offense and can result in:

  • Confinement

  • Forfeiture of all pay and allowances

  • Dishonorable or Bad Conduct Discharge

  • Federal conviction on your record

Court-martial is more common if there are multiple offenses, allegations of distribution, or aggravating factors.

Your Rights After a Positive Test

Even with a confirmed lab result, you still have important rights:

  • The right to remain silent — You don’t have to explain or “clear things up” without your lawyer present.

  • The right to counsel — You can use a military defense attorney at no cost and/or hire a civilian attorney like NSLF.

  • The right to due process — At a separation board or court-martial, you can present evidence, call witnesses, and challenge the government’s case.

Defenses That Can Save Your Career

At NSLF, we’ve built successful defenses around:

  • Chain-of-custody errors — Missing signatures, unsealed bottles, or unexplained gaps in handling

  • Lab mistakes — Contamination, equipment calibration issues, or mislabeling

  • Innocent ingestion — Spiked drinks, mislabeled supplements, or other unknowing consumption

  • Prescription defenses — Authorized use of medication that triggered the positive result

  • Procedural violations — Failure to follow DoD or service-specific testing protocols

In some cases, we’ve been able to get the result thrown out entirely, keep clients in service, or negotiate a better discharge characterization that preserves benefits.

Why NSLF?

Our attorneys have served as military prosecutors, defense counsel, and senior legal advisors across all branches. We know how the military builds its drug cases — and exactly how to dismantle them.

We:

  • Investigate every step of the testing process

  • Demand and analyze all chain-of-custody and lab documentation

  • Work with forensic toxicology experts

  • Develop compelling legal and factual defenses tailored to your case

Take Action Immediately

The clock starts running the moment your command is notified of a positive result. Early legal intervention gives you the best chance to fight the allegations, protect your career, and preserve your benefits.

Book your free, confidential consultation online.
We also offer flexible legal financing with payments over 3 to 24 months.

Additional Military Drug Testing Resources

Looking for more detailed guidance? Explore these related resources from the National Security Law Firm: