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Marine Avoids OTH Discharge By Turning Down NJP And Contesting Urinalysis At Separation Board

March 10, 2022, U.S. v. E-4, United States Marine Corps, Camp Lejeune, North Carolina.  Lance Corporal pops hot for THC in a urinalysis conducted after returning from leave for his sister's wedding.  Lance Corporal's command gives him no other options but to accept the NJP and waive his right to a separation board with an Other Than Honorable (“OTH”) Discharge.  This Marine would be forced to take a characterization of discharge that would stigmatize him for the rest of his life and significantly handicap him from suitable employment opportunities.  The Lance Corporal's level of THC was a small nanogram level above the DOD-acceptable limit.  Lance Corporal retains Mr. Gapasin, who ultimately advises him to turn down NJP since his goal was to avoid an OTH at all costs.  Gapasin aggressively represents client and the Marine Corps subsequently dismisses court-martial charges against his client.  Mr. Gapasin then represents his client at a separation board and focuses on the low nanogram level of THC.  RESULT:  Court-Martial DISMISSED.  Though initially recommended for an OTH characterization of discharge, Mr. Gapasin obtains a General “Under Honorable Conditions” discharge, allowing his client to maintain ALL benefits and allowing him to REENLIST in the future.

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