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RETAINED, recommendation allows CS1 to remain in the Navy.

October 25, 2019, U.S. v. E-7, United States Navy, Naval Base Ventura County, Port Mugu, California.  Well-respected CS1 aboard the U.S.S. Carl Vinson recognizes he has a problem and seeks help from the Navy.  CS1 self-refers for cocaine use.  Following treatment, and per the MILPERSMAN, an administrative separation board is automatically initiated against CS1.  The Navy is a branch of the military that currently requires the initiation of separation even if the use is discovered only because of the sailor's self-referral.  CS1 seeks counsel and the Navy JAG defense counsel advises him that there is nothing he can do, that the Navy will certainly separate him and that there is not much he can do even if he argues before the board.  CS1 then retains Mr. Gapasin to represent him for the board.  Gapasin aggressively prepares for the board and calls two former O-5s to testify on his behalf.  Gapasin also highlights his client's accomplishments and popularity, arguing that he is “the face” of the U.S.S. Carl Vinson.  The Government also drops a number of medical records against Gapasin's client, reflecting that the cocaine use reached back at least 6 years prior to the self-referral.  None of the use occurs on a ship but at home port.  Despite these medical records reflecting prolonged cocaine use over a period of 6 years, and despite the Navy JAG's opinion of the CS1's low chances of success, Gapasin fights on behalf of his client in this full day board.  RESULT:  RETAINED, recommendation allows CS1 to remain in the Navy.


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