DEPARTMENT40F  

Tii NAVY
CORRECTI&  OF NAVAL RECORD

BOARD FOR

 

2 NAVY ANNE

X

WASHINGTON DC 20370-510

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S

CRS
Docket No: 8356-00
17 July 2001

Your allegations of error and

from the Navy Drug Testing Program Manager, a

Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 27 June 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
The Board also considered the advisory opinion,
dated 9 May 2001,
copy of which is attached.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
In this regard, the Board substantially
error or injustice.
concurred with the comments set forth in the advisory opinion.
The Board found that you reenlisted in the Navy on 10 August 1994
after nearly nine years of prior active service.
reflects that you received nonjudicial punishment (NJP) on 31
August 1999 for use of marijuana, amphetamine, and
The punishment imposed consisted of forfeitures
methamphetamine.
restriction and extra duty for
of $1005 per month for two months,
Subsequently,
45 days, and a reduction to pay grade E-5 (OS2).
an administrative discharge board (ADB) found that you had not
committed misconduct, and you were retained in the Navy.
The Board noted your contentions concerning the imposition of NJP
on 31 August 1999.
Vicks
considered a letter from Dr.
inhaler which would produce a false positive urinalysis for
methamphetamine.
concerning substances that would also cause false positives for

You further submitted additional information

Your record

Specifically, the Board noted that the ADB

H stating that you had used a 

-’

You'implied that you had used some

marijuana and amphetamines.
of these substances prior to the urinalysis.
The advisory opinion opined that second hand marijuana smoke or
Vicks inhaler would not cause a false positive
the use of a 
Further, the opinion found that the other listed
urinalysis.
medications provided in the statements by you and Dr. H would
not, alone or in any combination, produce false positive results
for methamphetamine, amphetamine or marijuana with the testing
procedures utilized by the Navy Drug Screening Laboratories.
opinion recommended that your request be denied, and the Board
concurred with this recommendation.
The Board also noted your performance of duties prior to and
subsequent to the NJP, but found that it was insufficient to
warrant the deletion of established misconduct from your record.
In this regard, the Board concluded that such action would be
unfair to your peers against whom you will compete for promotions
Accordingly, your application has been denied.
and assignments.
The names and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.

The

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

2

DEPARTMENT OF THE  
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NAVY
ENVIRONMENTA HEALTH-CENTER

2510 

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NORFOLK VIRGINIA 23513-2617

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From:Navy Drug Testing 
To:

Chairman, Board for Correction of Naval Records
2 Navy Annex, Washington, DC 20370-5 100

ProgramManager

Subj: COMMENTS AND RECOMMENDATION IN THE CASE OF

Ref:

(a) BCNR ltr with file AEG:jdh Docket No: 8356-00 of 20 Apr 01
(b-t al. Journal of Analytical Toxicology, Vol. 11,
 

(1987), p.89.

1. In response to reference (a), an explanation of the procedures at the Navy Drug
Screening Laboratories is provided to refute the allegations of inaccuracies and the
possibilities of false positive results in the subject case.

2. The second hand smoke of marijuana while in a car scenario provided by the service
member to explain the positive tetrahydrocannabinol (THC) result (indicating recent
marijuana ingestion) has been scientifically proven to be unrealistic. A scientific study
published as reference (b) addressed whether an individual exposed to second hand
smoke from marijuana cigarettes could in fact produce a positive urinalysis by testing
procedures at that time. The key finding of this study was that the ventilation conditions
of the room where the study occurred appeared to be extremely important. THC was
monitored within the airtight room during the study where under extreme conditions, the
smoke of 16 marijuana cigarettes was pumped into a room the  size of a small bathroom.
The sevenvolunteers wereexposed foronehourtothe smoke   of16 marijuanacigarettes
for six consecutive days. Room air samples were withdrawn and tested for the THC
content. The results of this study indicated that under these extreme conditions the
volunteers did ingest enough second hand smoke to present as a positive THC urinalysis
(GUMS) above the Department of Defense
by gas chromatography/mass spectrometry  
(DOD)  cutoff after accumulation of THC for several days. The key component, which
allowed the accumulation of THC, was the airtight conditions of the room such that the
volunteers required eye goggles to tolerate the extreme amount of smoke in the room.
Once the door of the room was open the THC air content dropped dramatically to less
than 10% of when it was closed. In conclusion, it is highly improbable a service member
fYom
would knowingly expose himself to the extreme amount of second hand smoke 
multiple 
(4- 16) marijuana cigarettes for the length of time necessary (l-6 hr) to be above
the 
above the  
service member tested 
last l-3 days for an infrequent user.

DOD cutoff limits for the screening immunoassay of 50  

DOD cutoff for the-confirmation GUMS analysis of 15

GUMS, consistent with THC ingestion within the

ng/mL. The subject

ng/rnL  THC 

ng/mL by 

metabolites  and

$ 18 

 

3. The  use of 
not result in a positive methamphetamine test result by the

Vi&s inhaler which contains 

I-methamphetamine  (1-desoxyephedrine) will

 

DOD testing requirements

HE CASE OF

because asecondconfirmationtestis performed to   determine  the  %d- 
and%l-
methamphetamineisomers.The d-methamphetamineisomer is  the  psychoactive
stimulant that is readily   abused whereas the 1-methamphetamine is used to relieve nasal
congestion through its vasoconstrictor properties with little stimulatory effects. In the
subject case the Navy Drug Screening Laboratory performed the  
methamphetamine isomers with the result of 95% d-methamphetamine. This is
Vicks inhaler which would produce only the 
inconsistent with the use of the 
methamphetamine isomer.

chiral  test for

l-

4. The other listed medications provided in the statements by the service member and Dr.
Holtorf, including the Additional Amplifying Information, would not alone or in any
combination produce false positive results for methamphetamine, amphetamine or THC
with the testing-procedures utilized by the Navy Drug Screening Laboratories. I support
the actions
punishmen

, Commanding Officer,
est results performed at
My recommendation is to deny the appeal b
r re-instatement to first class petty officer.

5. If there is further information required please do not hesitate to contact me at (757)
462-5405, DSN: 253-5405 or by 

email mcwhorterl@,nehc.med.navy.mil.