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William A. Andrews, Plaintiff,
vs.
James H. Webb, Jr., Secretary of the Navy, Defendant
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Issues:
Random testing, due process, marijuana, policy and procedure, Fifth Amendment.
Case Summary:
William A. Andrews, a former captain in the U.S. Marine Corps, appeals a military board's decision affirming his termination from the service. Andrews posted a positive result for marijuana in an random drug test. The Marines discharged Andrews for violating established policy on drug abuse. Andrews appealed the ruling to the Board of Corrections for Naval Records, which upheld his discharge. Andrews subsequently filed suit, claiming violation of his Fifth Amendment rights.
Decision of lower jurisdiction:
This is the first judicial review o this case.
Outcome:
Andrews loses. The U.S. District Court for the Eastern District of Virginia, Alexandria Division, affirmed the BCNR's decision. The court ruled it could find no reversible error in the discharge proceedings and concluded the board acted appropriately in discharging Andrews from the Marine Corps.