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OPNAVINST 5350.4C (15 Oct 2003) DRUG AND ALCOHOL ABUSE PREVENTION AND CONTROL

Comments: To view or download the complete regulation, click on the the link to it in the box above these comments.

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c. Navy's Policy on drug abuse is zero tolerance. Navy members determined to be using drugs, in violation of applicable provisions of the Uniform Code of Military Justice (UCMJ), Federal, State or local statutes, shall be disciplined as appropriate and processed for administrative separation as required. Members diagnosed as drug dependent shall be offered treatment prior to separation. As an exception, members who have received treatment for drug dependency and are in a prescribed command-approved aftercare status are not eligible for another treatment period prior to separation.

d. Navy's policy on alcohol is responsible use. ... Alcohol shall not be consumed to the extent that it:

(1) Impairs the rational and full exercise of a member's mental and physical faculties while on duty or in the performance of military duties.

(2) Reduces the member's dependability and reliability.

(3) Reflects discredit upon the member personally or upon the Navy.

(4) Violation of the prohibitions set forth in this instruction subjects military members to disciplinary action under the UCMJ. The full range of administrative and disciplinary actions is available to address violations. These include informal counseling, comments in fitness reports and evaluations, administrative separation, and punitive measures under the UCMJ.

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e. It is the Navy's goal to be free from the effects of drug and alcohol abuse. ...

(1) Commands will discipline as appropriate and process for administrative separation those members whose alcohol-related misconduct is severe (see serious offense definition) , who are reueat offenders, or who do not respond favorably to treatment.

(2) Members who incur an alcohol incident, any time in their careers, after having received treatment that resulted from a previous alcohol incident, will be processed for administrative separation, unless a written waiver is obtained from the Commander, Navy Personnel Command (COMNAVPERSCOM). For purposes of this provision, treatment shall include Medical/Alcohol Treatment Facility early intervention services (e.g., Alcohol Impact or equivalent).

(3) Additionally, members who incur an alcohol incident at any time during the screening and treatment process that resulted from a previous alcohol incident, even though treatment may not have been completed, will be processed for administrative separation unless a waiver is obtained from COMNAVPERSCOM.

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SCREENING AND TREATMENT

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2. Referral For Screening (no incident)

a. It is incumbent upon all members of the Naval Service to detect and address alcohol misuse at the earliest possible stage of development. The preferred method of addressing potential or suspected abuse is through procedures called "command-referral" and "self-referral". Command- and self-referrals are means of early intervention in the progression of alcohol abuse by which members can obtain help before a problem becomes more advanced and more difficult to resolve without risk of disciplinary action.

b. A self-referral is personally initiated by members. Members who desire counseling or treatment for alcohol problems may initiate the process by disclosing the nature and extent of their problem to one of the following personnel who is actively employed in their capacity as a qualified self-referral representative:

(1) DAPA.

(2) CO, OIC, Executive Officer, or Command Master Chief.

(3) Navy Drug and Alcohol Counselor (or intern).

(4) DOD medical personnel (including LIP).


Comments: "DAPA" is the Drug and Alcohol Program Advisor. "CO" is the Commanding Officer; "OIC" is the Officer in Charge. "LIP" is a Licensed Independent Practitioner.

(5) Chaplain (privileged information may exist).(6) Family Service Center Counselor.

c. To qualify as a self-referral, the disclosure of alcohol abuse must be made to a qualified referral representative with the intent of acquiring treatment, and there can be no credible evidence of the members involvement in an alcohol-related incident. Disclosure made to any other person who is not a qualified self-referral representative may not shield members from disciplinary action. By way of exception, this safe haven for self-referral shall extend to members who admit to having purchased, possessed, or consumed alcohol in violation of the minimum age requirement to purchase, possess, or consume alcohol set by the military installation, State, county, or local jurisdiction in which the members are located.

d. A command-referral is initiated by the members chain of command and may be based on any credible factor such as hearsay, personal observation, or noticeable change in job performance.

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7. Treatment Failures. The Navy is committed to providing quality care for all members in need of alcohol abuse/dependency treatment. per reference (e), however, commands shall process for administrative separation all members considered to be treatment failures unless a written waiver is obtained from COMNAVPERSCOM . Refer to reference (i) for enlisted members and reference (j) for officers.

a. The following are examples of treatment failures:

(1) Any member who incurs a serious alcohol incident any time in his/her career after a Deriod of treatment that was precipitated bv a prior incident. (For purposes of this provision, treatment shall include MTF/ATF directed early intervention services provided within the Continuum of Care (e.g., Alcohol Impact or equivalent).


Comments: "MTF" is Medical Treatment Faciltiy; "ATF" is Alcohol Treatment Facility.


(2) Any member who has incurred an alcohol incident or has self-referred, and has been screened by medical and found to be in need of treatment, and who commences but subsequently fails to complete treatment or incurs a second alcohol incident. (Conduct which amounts to a refusal, failure to complete, or nonamendability must be determined by the MO/LIP. Conduct which amounts to a second incident shall be determined by the member's CO.)


Comments: "MO" is Medical Officer.


(3) Any member who fails to participate in, fails to follow, or fails to successfully complete the medically prescribed and command-approved aftercare plan. (This determination must be made by the members CO in consultation with the DAPA and the MTF/ATF.)

(4) Any member who returns to alcohol abuse at any time during his or her career following treatment, and is determined to be a treatment failure by an appropriate LIP or MO.

b. A member who incurs a relapse (return to drinking) without incident, after which helshe self-refers, is not necessarily considered a treatment failure, and shall be referred to an MTF/ATF for appropriate determination.

c. Any member who self-refers and is diagnosed to be in need of treatment by an MTF/ATF, and subsequently refuses treatment, may be subject to disciplinary and/or adverse administrative action. If in the judgment of the members CO, the purported self-referral is determined to be a fraudulent attempt to avoid assignment to unwanted duty or transfer, or to take unjust advantage of acquired education or other incentive, the CO should administer appropriate disciplinary action and may return the member to duty or process member for administrative separation.

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12. Limitations on Use of Information. Disclosures made by a member to substance abuse screening, counseling, treatment or rehabilitation personnel relating to the members past substance use/abuse, or possession incident to such use, including disclosures made at Alcoholics Anonymous meetings, Narcotics Anonymous meetings or when attending Navy/Marine Corps preventive education or intervention classes, may not be used against the member in any disciplinary action under the UCMJ or as the basis for characterizing a discharge, provided that the information is disclosed by the member for the express purpose of seeking or obtaining treatment or rehabilitation.

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Disposition of Naval Reservists

1. Reservists serving on extended active duty orders (30 or more consecutive days) are subject to the same policies and procedures prescribed for regular Navy active duty members.

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4. Failure to comply with an ordered treatment plan or treatment failure, shall normally reflect negatively on the members potential for continued useful service and shall lead to processing for administrative separation.

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6. Special Guidelines for Disciplinary /Administrative Action (Reservists Not on Extended Active Duty)

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c. A reservist in an inactive duty status involved in a confirmed drug abuse incident, including conviction in civilian court, is subject to administrative action and/or processing for separation, as appropriate, even though disciplinary action may not be possible. Inactive-duty reservists, both officer and enlisted, may be processed for Other Than Honorable discharge for drug abuse established through urinalysis conducted on inactive duty training.

d. A positive urinalysis test for marijuana during the first 29 days of a Naval Reserve members continuous active duty may not, by itself, constitute evidence to support disciplinary action. ...

e. Refusal to participate in an ordered treatment program constitutes grounds for administrative separation processing.

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DRUG PROGRAM

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1. Overview

a. The Navy has zero tolerance for drug abuse. ...

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c. Navy members who abuse drugs, including those who selfrefer, will be screened, disciplined as appropriate, and processed for administrative separation. Members diagnosed as drug dependent will be offered treatment prior to separation.

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10. Voluntary Self-Referral Policy. All Navy personnel who self-refer for drug abuse to a qualified self-referral representative and conform to all requirements for self-referral, as listed in enclosure (1) of this instruction, shall be screened for drug dependency at an appropriate medical facility, and an official determination of dependency shall be made by either a MO or LIP.

a. Personnel who screen as drug dependent shall be considered valid self-referrals and shall be exempt from any disciplinary action. Valid self-referrals, however, shall be processed for administrative separation, and offered rehabilitation treatment prior to separation.

b. Personnel who screen as "not drug dependent" are not valid self-referrals and will not be exempt from disciplinary action. In such cases, COs will take the following action:

(1) If member is not drug dependent, but has used drugs, commands shall initiate disciplinary action as appropriate and process for administrative separation.

(2) If member is not drug dependent and has not used drugs (e.g., members admission is furtive attempt to avoid sea duty or transfer, or take advantage of acquired education): Commands shall initiate disciplinary action as appropriate, and return to duty or process for administrative separation.

c. Any member who has been notified of the requirement to submit, or actually has submitted, a urine sample for analysis under any testing premise is ineligible to participate in the self-referral program until the results of his/her current urinalysis has been received by the command and any potential disciplinary or administrative actions have been initiated.

d. Notwithstanding a members valid self-referral, appropriate disciplinary or administrative action, including separation under other than honorable conditions, may be taken against the member for drug abuse occurring either before or after self-referral, if detection of such abuse is based upon independent evidence.

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14. Post-Enlistment Disclosure of Pre-service Drug Abuse. Commands will, on a case-by-case basis, evaluate personnel who admit to pre-service drug abuse after denying such abuse at the time of entry. COs may discipline those members, if appropriate, and/or process for administrative separation by reason of fraudulent enlistment. Personnel who otherwise would have met acceptance criteria at induction may be retained with the approval of the officer exercising General Court-Martial (GCM) authority. In such cases, forward copies of all related correspondence to COMNAVPERSCOM (PERS-8).