Military Office Accused of Unlawful Drug Use
An Air Force Officer tested positive for Oxycodone during urinalysis testing. In accordance with Air Force Regulation, he was immediately processed for administrative separation. The Officer retained Attorney John L. Calcagni III to represent him in this action. As part of a Defense strategy, Attorney Calcagni obtained the Officer’s prior medical and pharmacy records for previously prescribed medications. Oxycodone was among them. Though prescribed several years before the urinalysis test, the Officer sustained an injury some years ago for which his doctor prescribed the drug with instructions that he take it as needed. The Officer failed to disclose or list the Oxycodone prior to the urinalysis, which made it difficult to raise as a defense now. Attorney Calcagni marshaled these records, along with evidence of the Officer’s service history, evaluations, character statements and professional accomplishments into a mitigation packet that he submitted to the JAG and Command. Based on this packet, along with other zealous advocacy, the Command cancelled the administrative separation action and retained the Officer for further service.