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NAVPERS 15560D MILPERSMAN Section 1910-138 (10 Nov 2009) SEPARATION BY REASON OF MISCONDUCT - MINOR DISCIPLINARY INFRACTIONS

Source
NAVPERS 15560D MILPERSMAN Section 1910-138 (10 Nov 2009) SEPARATION BY REASON OF MISCONDUCT - MINOR DISCIPLINARY INFRACTIONS (102 KB)

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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2. Policy. Members may be processed for separation based upon a series of at least three, but not more than eight, minor violations (specifications) of reference (a), provided

a. none of the reasons could have resulted in a punitive discharge (reference (b), appendix 12 refers);

b. offenses are documented in the members service record;

c. offenses have occurred during the current enlistment;

d. member was disciplined by one nonjudicial punishment (NJP); and

e. member has violated a NAVPERS 1070/613 (Rev. 07-06), Administrative Remarks counseling/warning (MILPERSMAN 1910-204).

3. Exception to this Policy. If the member is in Entry Level Status (ELS) as defined in MILPERSMAN 1910-010, and the reasons for processing are based solely on minor violations of reference (a) and do not meet eligibility of any other type of misconduct, the processing should then be under Entry Level Performance and Conduct (MILPERSMAN 1910-154).

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5. Characterization of Separation. The least favorable and accepted characterization is General (Under Honorable Conditions) (GEN), although Honorable (HON) may be assigned if appropriate....

NAVPERS 15560D MILPERSMAN Section 1910-140 (10 Nov 2009) SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT

Source
NAVPERS 15560D MILPERSMAN Section 1910-140 (10 Nov 2009) SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT (79.2 KB)

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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2. Policy

a. Members may be separated when during the current enlistment they have

(1) two or more nonjudicial punishments (NJP), court-martials, or civil convictions (or combination thereof);

(2) three or more unauthorized absences, each is more than 3 days, but less than 30 days duration;

(3) a set pattern of failure to pay just debts; or

(4) a set pattern of failure to contribute adequate support to dependents or failure to comply with civil court orders, decrees, or judgments concerning dependent support; and

(5) violated a NAVPERS 1070/613 (Rev. 7-06), Administrative Remarks counseling/warning (MILPERSMAN 1910-204) specifically addressing the non-support.

b. A member must have violated a NAVPERS 1070/613 warning prior to processing. A counseling and warning is legally binding on the Navy. The typical correct sequence is NJP - NAVPERS 1070/613 - NJP. There is no requirement for a commanding officer (CO) to award a NAVPERS 1070/613 following NJP. That decision should be based on the circumstances of the situation. A common error occurs when commands issue a NAVPERS 1070/613 warning following the second NJP. In those instances, the member is essentially being given another opportunity by the CO to correct the deficiency and processing for pattern of misconduct is inappropriate. Another common error is initiating processing for pattern of misconduct without a NAVPERS 1070/613 warning.

c. All offenses processed or considered under Pattern of Misconduct must have occurred in the current enlistment.

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4. Characterization of Separation

a. Further guidance on characterization of service is provided in MILPERSMAN 1910-300. This table provides general information based on type of procedures used.

IF... THEN the least favorable characterization...
the Notification Procedure is used, is GEN per MILPERSMAN 1910-300.
the Administrative Board Procedure is used, is OTH per MILPERSMAN 1910-300.

b. If the member has less than 180 days of service an Entry Level Separation (ELS) may be appropriate. See MILPERSMAN 1910-308 for further guidance.

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NAVPERS 15560D MILPERSMAN Section 1910-142 (10 Nov 2009) SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE

Source
NAVPERS 15560D MILPERSMAN Section 1910-142 (10 Nov 2009) SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE (112 KB)

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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2. Policy

a. Members may be separated based on commission of a serious military or civilian offense when

(1) specific circumstances of offense warrant separation; and

(2) offense would warrant a punitive discharge per reference (a), appendix 12 for same or closely related offense.

b. Commission of a serious offense does not require adjudication by non-judicial or judicial proceedings; however, offense must be substantiated by a preponderance of evidence (e.g., copy of police record, Naval Criminal Investigative Service (NCIS) investigation, etc.).

3. Mandatory Processing. Processing is mandatory for

a. violent misconduct which resulted in, or had potential to result in, death or serious bodily injury (e.g., homicide, arson, armed robbery, assault with a deadly weapon, etc.).

b. illicit use of inhalants (huffing) and excessive use (beyond what is normal, sufficient, or prescribed) of prescription and/or over-the-counter drugs and medications.

c. deviant sexual behavior (lewd and lascivious acts; forcible heterosexual sodomy; indecent assault, acts, and/or exposure; or any child sexual abuse, possession of child pornography, or incestuous relationships).

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(3) If member is accepted, but later evaluated as a rehabilitation failure, reprocess per MILPERSMAN 1910-162.

d. Sexual harassment under following circumstances:

(1) Threats or attempts to influence another's career or job in exchange for sexual favors;

(2) rewards (including bribes to influence favorably another's career) in exchange for sexual favors; or

(3) unwanted physical contact of a sexual nature which, if charged as a violation of reference (b), could result in a punitive discharge.

4. Procedures. Use this table to determine processing procedures.

WHEN... THEN use EXCEPT when... THEN use..
offense requires mandatory processing or commanding officer (CO) believes circumstances surrounding offense warrants an Under Other than Honorable (OTH) per MILPERSMAN 1910-300, Administrative Board Procedure (MILPERSMAN 1910-404), offense occurred preservice or in a prior enlistment and was unknown to Navy at time of enlistment or reenlistment and processing for fraudulent enlistment is not appropriate, Notification Procedure (MILPERSMAN 1910-402) and process for erroneous enlistment.
offense does not require mandatory processing and CO believes circumstances do not warrant an OTH per MILPERSMAN 1910-300, Notification Procedure (MILPERSMAN 1910-402).    

5. Characterization of Separation

a. Further guidance on characterization of service is provided in MILPERSMAN 1910-300. This table provides general information based on type of procedures used.

IF... THEN least favorable characterization is...
Notification Procedure is used, General (GEN), per MILPERSMAN 1910-308.
Administrative Board Procedure is used, OTH, per MILPERSMAN 1910-300.

b. If member has less than 180 days of service, an Entry Level Separation (ELS) may be appropriate. See MILPERSMAN 1910-308 for further guidance.

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NAVPERS 15560D MILPERSMAN Section 1910-144 (10 Nov 2009) SEPARATION BY REASON OF MISCONDUCT - CIVILIAN CONVICTION

Source
NAVPERS 15560D MILPERSMAN Section 1910-144 (10 Nov 2009) SEPARATION BY REASON OF MISCONDUCT - CIVILIAN CONVICTION (21.8 KB)

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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2. Policy

a. Members may be separated based on civilian convictions, or actions tantamount to findings of guilt,

(1) adjudication withheld;

(2) deferred prosecution;

(3) entry in adult/juvenile pretrial intervention programs;

(4) any similar disposition of charges which includes imposition of fines, probation, community service, etc.; when offense would warrant a punitive discharge per reference (a), appendix 12 for same or closely related offense; specific circumstances of offense warrant separation; or civil sentence includes confinement for 6 or more months without regard to suspension, probation, or early release.

b. All civilian convictions (federal, state, and local) including any actions tantamount to findings of guilt are binding on issue of whether misconduct has occurred and administrative discharge board is required to find that misconduct did occur.

c. Foreign court convictions are not binding on administrative boards, and do not preclude processing due to misconduct (serious offense and/or civil conviction).

NOTE: Members confined in foreign jails may be processed for separation, but may not be discharged or separated from service until completion of imprisonment and return to the United States. In unusual cases (i.e., life sentence without possibility of parole) separations may be authorized by Secretary of the Navy (SECNAV) per reference (b).

3. Mandatory Processing. Processing is mandatory for

a. violent misconduct which results in, or had potential to result in, death or serious bodily injury (e.g., homicide, arson, armed robbery, assault with a deadly weapon, etc.); or

b. deviant sexual behavior (lewd and lascivious acts; forcible heterosexual sodomy; indecent assault, acts, and/or exposure; or any child sexual abuse, possession of child pornography, or incestuous relationships).

...

(3) If member is accepted, but later evaluated as a rehabilitation failure, reprocess per MILPERSMAN 1910-162.

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5. Characterization of Separation.

a. Further guidance on characterization of service is provided in MILPERSMAN 1910-300. This table provides general information based on type of procedures used.

IF... THEN least favorable characterizations is...
Notification Procedure is used, General (Under Honorable Conditions) (GEN), per MILPERSMAN 1910-308.
Administrative Board Procedure is used, Under Other than Honorable (OTH), per MILPERSMAN 1910-300.

b. If member has less than 180 days of service, an Entry Level Separation (ELS) may be appropriate. See MILPERSMAN 1910-308 for further guidance.

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NAVPERS 15560D MILPERSMAN Section 1910-146 (10 Nov 2009) SEPARATION BY REASON OF MISCONDUCT - DRUG ABUSE

Source
NAVPERS 15560D MILPERSMAN Section 1910-146 (10 Nov 2009) SEPARATION BY REASON OF MISCONDUCT - DRUG ABUSE (18.9 KB)

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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2. Policy

a. Processing is mandatory for the following:

(1) Positive urinalysis that was tested and confirmed positive at a Navy Drug Screening Lab (NAVDRUGLAB) or other Department of Defense (DoD) approved lab. If the commanding officer (CO) determines the urinalysis result was caused by administrative errors (e.g., faulty local chain of custody, evidence of tampering) or the drug use was not wrongful (e.g., prescribed medication, unknowing ingestion), then the member shall not be identified as a drug abuser and the positive urinalysis is not a drug abuse incident. ...

(2) Admission of drug use.

(3) One or more military drug-related offense(s).

(4) Nolo contendere, no contest plea in civil courts.

(5) Civil conviction for a drug related offense(s).

(6) Actions tantamount to findings of guilt in civil courts:

(a) Deferred prosecution.

(b) Entry in pretrial intervention program.

b. Drug related offenses include the following:

(1) Drug Abuse - illegal or wrongful use, possession of controlled substances or attempts to commit drug offenses.

(2) Drug Paraphernalia - all equipment, products, and materials that are used, intended for use, or designed for use in injecting, inhaling, or otherwise introducing controlled substances into the human body in violation of law.

(3) Drug Trafficking - the sale, transfer, or possession with the intent to sell or transfer controlled substances.

Comments: Self-referring for treatment gets a discharge and is handled by notification procedures (see 3.a. below), not administrative board procedures.  Therefore, self referral does not, in itself, risk a court-martial and, according to the tables above, results in a characterization of service no worse then General (Under Honorable Conditions).

3. Procedures

a. Notification procedures are used for the following situations:

(1) Member self refers to a qualified self referral representative with the intent of acquiring treatment and is found to be drug-dependent by proper medical authority.

(2) Processing is based on fitness for duty or certain service-directed urinalysis, ...

(3) Voluntarily discloses evidence of prior personal drug abuse during course of treatment/rehabilitation.

(4) Naval Reservists testing positive on accession test into the Reserve program.

(5) Prior service applicants for Selected Reserve (SELRES) enlistments/reenlistments whose break in service from a SELRES or Regular component is more than 6 months.

b. Other than the above exceptions, drug abuse must be processed using administrative board procedures (MILPERSMAN 1910-404) with Under Other Than Honorable (OTH) being the least favorable characterization of service considered. This applies to both Regular and Reserve personnel. (Example: Drilling reservists who test positive on urinalysis may be processed for OTH regardless of when the drugs were ingested.)

 

SECNAVINST 5300.28D (05 Dec 2005) MILITARY SUBSTANCE ABUSE CONTROL AND PREVENTION

Source
SECNAVINST 5300.28D (05 Dec 2005) MILITARY SUBSTANCE ABUSE CONTROL AND PREVENTION (89 KB)

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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d. Military members determined to be using drugs, in violation of applicable provisions of the UCMJ, Federal, State or local statutes, or who unlawfully engage in the trafficking of drugs or drug abuse paraphernalia, or who are diagnosed as drug dependent, shall be disciplined as appropriate and processed for administrative separation. Additionally, military members who incur a subsequent alcohol incident after entering a prescribed treatment program (successful completion notwithstanding) precipitated by a prior alcohol incident, shall be disciplined as appropriate, and processed for administrative separation. Members who are found to be physically dependent on alcohol and/or drug(s) shall, prior to separation, be afforded treatment by an appropriate facility based on a medical officer's or Department of Defense (DOD) authorized licensed practitioner's opinion. Members who have received treatment for alcohol and/or drug dependency and are in a prescribed command-approved aftercare status may not be eligible for another treatment period prior to separation.

e. Military personnel who abuse alcohol but are determined to have a high probability of successful treatment shall be disciplined as appropriate. They shall be provided counseling and/or treatment in order to be restored to full duty under enclosure (2). ...

PRE-SERVICE AND IN-SERVICE MILITARY DRUG AND ALCOHOL ABUSE

1. Policy. It is Department of the Navy policy that no person who is alcohol and/or drug dependent, who currently abuses alcohol and/or drugs, whose pre-service abuse of alcohol and/or drugs indicates a proclivity to continue abuse in the service, or who has a record of any drug trafficking offenses, be permitted to enter or be retained in the Naval Service.

a. Some people have clear potential to adhere to a substance abuse-free military service despite past substance use. Preservice use/abuse, as long as the substance use/abuse is completely discontinued upon entry into the Naval Service, is not necessarily disqualifying. Therefore, persons who have abused alcohol or drugs prior to application for military service, but who are not substance dependent, may be considered for entrance on a case-by-case basis. However, the overall record must show the applicant is qualified in all other ways and displays the potential to meet acceptable standards of performance and conduct.

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b. Enlisted Separation Policy

(1) Enlisted personnel who refuse to consent to testing or evaluation during IEAD or whose drug test is confirmed positive for cocaine shall be discharged.

Comments: "IEAD" is Initial Entry on Active Duty.

(2) Enlisted personnel whose drug test is confirmed positive for cannabinoids alone shall be discharged unless a waiver is granted under criteria established by the CNO and CMC following an individual assessment of the particular case.

Comments: "CNO" is the Chief of Naval Operations; "CMC" is the Commandant Marine Corps.

(3) Enlisted personnel whose alcohol test indicates a 0.05 percent blood alcohol level or greater and who are determined not alcohol dependent shall be discharged unless a waiver is granted under criteria established by the CNO and CMC following an individual assessment of the particular case.

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4. Post Enlistment Disclosure of Pre-service Alcohol and/or Drug Abuse. Military personnel who as applicants disclaim pre-service alcohol and/or drug abuse and subsequently admit to pre-service use which could have disqualified them from entry into the service specified above at time of entry, and who have demonstrated a potential for further useful service, will be evaluated on a case by case basis at the time of such admission. Those who would have met the acceptance criteria for future useful abuse-free service may be retained under criteria established by the CNO and CMC. All others should be processed for separation.

5. Pre-service Drug-Related Offenses. For purposes of this enclosure, the phrase "convicted of a drug offense" will not include civil arrests or judicial action involving drug use when the charges were dropped or the individual was adjudged not guilty, unless such judgment or dismissal was the result of an agreement or deferral of prosecution conditioned on entry into the Naval Service. Persons with substance abuse-related convictions identified by the recruiter's local police check and on their entrance national agency check should normally be considered ineligible for Naval Service.

6. Pre-service Alcohol-Related Offenses. Individuals who have been convicted of an alcohol-related offense may also be considered within the guidelines for acceptance provided for in paragraph 2a. However, persons with multiple alcohol-related civil convictions (DWIs, etc.), should normally be considered ineligible for Naval Service.

7. In-Service Drug-Related Offenses

a. Drug trafficking incidents mandate disciplinary action, as appropriate, and processing for separation under references (i) and (j) due to their detrimental effect on military readiness, reliable mission accomplishment and the health and welfare of naval personnel.

b. Drug use by members of the Naval Service is inconsistent with the high standards expected of all personnel. Members will be disciplined, as appropriate, and processed for separation in accordance with references (i) and (j).

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DETECTION AND DETERRENCE OF MILITARY DRUG AND ALCOHOL ABUSE

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6. Voluntary Self-Referral for Rehabilitation for Drug Abuse

All Navy and Marine Corps active duty and reserve personnel who self-refer for drug abuse to qualified representatives shall be screened for drug dependency at a medical facility. Those who are officially confirmed as valid self-referrals shall be exempt from any disciplinary action, processed for administrative separation, and offered treatment as outlined in reference (a). Those personnel who are subsequently screened as "not drug dependent" will be ineligible for exemption from disciplinary action.

OPNAVINST 5350.4D (4 JUN 09) DRUG AND ALCOHOL ABUSE PREVENTION AND CONTROL

Source
OPNAVINST 5350.4D (4 JUN 09) DRUG AND ALCOHOL ABUSE PREVENTION AND CONTROL (3.6 MB)

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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6. Policy

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h. Navy's policy on drug abuse is "zero tolerance." Navy members determined to be using, possessing, promoting, manufacturing, or distributing drugs and/or drug abuse paraphernalia (in violation of applicable provisions of reference (b), Federal, State, local statutes, or this instruction) shall be disciplined as appropriate and processed for ADSEP as required. Members diagnosed as drug dependent shall be offered treatment prior to separation.

i. Navy members shall never wrongfully possess, distribute or abuse drugs, be in possession of drug abuse paraphernalia, or under the unauthorized influence of prescribed drugs. Members shall report all prescription medications received from non-military Medical Treatment Facilities (MTFs) to their chain of command and ensure they are entered into their military health record.

j. Navy's drug abuse policy is not subordinate to any foreign, State, or local ordinance, which may permit the use, possession, distribution, or prescription of a controlled substance.

k. The purchase, possession, introduction, distribution, or use of any product or device of any kind that are used, intended for use or designed for use by personnel to defeat Navy's Drug Testing program (e.g., substituting urine; masking urine; diluting urine; taking a product to flush one's system before providing a urine sample; chemically altering, adulterating, or modifying one's own urine; using a foreign device), for the purpose of circumventing a urinalysis test or assisting another in attempting to do the same, is prohibited and is a violation of this instruction. Personnel in violation of this provision are in violation of a lawful general order and shall be subjected to discipline and administrative action as appropriate. In addition, members who observe or have information that another service member(s) has purchased, possessed, introduced, distributed, or used any such products or devices must report such information to his/her defeated or has attempted to defeat drug-testing detection must report such information to their chain of command.

i. Navy members shall never wrongfully possess, distribute or abuse drugs, be in possession of drug abuse paraphernalia, or be under the unauthorized influence of prescribed drugs. Members shall report all prescription medications received from non-military Medical Treatment Facilities (MTFs) to their chain 2f command and ensure they are entered into their military health record.

j. Navy's drug abuse policy is not subordinate to any foreign, State, or local ordinance, which may permit the use, possession, distribution, or prescription of a controlled substance.

k. The purchase, possession, introduction, distribution, or use of any product or device of any kind that are used, intended for use or designed for use by personnel to defeat Navy's Drug Testing program (e.g., substituting urine; masking urine; diluting urine; taking a product to flush one's system before providing a urine sample; chemically altering, adulterating, or modifying one's own urine; using a foreign device), for the purpose of circumventing a urinalysis test or assisting another in attempting to do the same, is prohibited and is a violation of this instruction. Personnel in violation of this provision are in violation of a lawful general order and shall be subjected to discipline and administrative action as appropriate. In addition, members who observe or have information that another service member(s) has purchased, possessed, introduced, distributed, or used any such products or devices must report such information to his/her defeated or has attempted to defeat drug-testing detection must report such information to their chain of command.

I. It is the Navy's goal to be free from the effects of a1cohoL and drug abuse. Recognizing Navy's investment in every salior, those who are diagnosed as alcohol abusers or alcohol dependent should be returned to full duty status upon successful completion of prescribed education, intervention, or treatment.

  • (1) commands will discipline, as appropriate, and process for ADSEP, those members whose alcohol-related misconduct is serious (see enclosure (4) of this instruction for “serious offense” definition), who are repeat offenders, or who do not respond favorably to treatment. \
  • (2) Members who are involved in a subsequent alcohol related incident, at any time in their career, after having received treatment which resulted from a previous alcohol related incident, will be processed for ADSEP, unless a written a written waiver is obtained from Commander, Navy Personnel Command (COMNAVPERSCOM). Per paragraph lb of enclosure (I), commanding officers may deviate from this policy in cases involving officers and senior enlisted personnel (E5 and above), provided 3 years have lapsed since previous incident and the commanding officer evaluates the member as possessing exceptional potential fol further useful Naval service. For purposes of this provision, treatment shall include Substance Abuse Rehabilitation Program (SARP) early intervention services (Level 1 treatment or above as defined in American Society of Addictions Medicine (ASAM) Patient Placement Criteria (PPC)). IMPACT is an intensive goal-oriented early intervention designed for individuals who incur an alcohol-related incident, and, through a valid treatment regimen, shall not be considered treatment for ADSEP purposes. For members who have received IMPACT after an alcohol-related incident and no other treatment intervention, the ADSEP requirement is automatically waived. This provision is not applicable if the member has received IMPACT a second time.
  • (3) Members who incur an alcohol incident at any time during the medical treatment process, even though treatment may not have been completed, will be processed for ADSEP, unless a waiver is obtained from Office of the Chief of Naval Operations (OPNAV), Personal and Family Readiness (N135)
  • (4) In any event, members diagnosed as alcohol abusers or alcohol dependent will be offered appropriate treatment prior to separation, except those members who have previously received treatment and are currently in a prescribed aftercare status, as stated in reference (f), article 1910-232.

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SCREENING AND TREATMENT
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Enclosure 1

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 identify and address any alcohol misuse or abuse immediately. 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 a one-time event that is personally initiated. by the member. Members who desire counseling or treatment resulting from drug and/or alcohol abuse, 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 agent:

(1) DAPA

(2) Commanding officer, XO, OIC, or CMDCM/Chief of the Boat (COB)

(3) Navy drug and alcohol counselor (or intern);

(4) DoD medical personnel (including LIP);

(5) Chaplain; and

(6) Fleet and Family Support Center counselor.

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.

c. To qualify as a valid self-referral, disclosure of alcohol abuse must be made to a qualified referral agent with the intent of acquiring treatment, and there can be no credible evidence of member's involvement in an alcohol-related incident. Disclosure made to any other person who is not a qualified self-referral agent may not shield the member from disciplinary action.

d. Self-referral disclosure policy for drug use (refer to enclosure 2, paragraph 11 of this instruction).

e. Command-referral is initiated by the member's chain of command and may be based on any credible factor such as hearsay, personal observation, or noticeable change in job performance. Commanding officers may refer members of their command for medical screening at a SARP in situations where no offense has been committed and regardless of whether or not the member has personally disclosed their problem. Some events for which commanding officers are strongly encouraged to consider referral for members are (courtesy turnover is not necessarily an incident)

(1) Medical record of alcohol-related involvement;

(2) History of Monday or Friday absences;

(3) History of financial problems;

(4) Domestic disturbance/family concerns;

(5) Peer, co-worker concerns

(6) History of accidents or mishaps;

(7) History of heavy drinking;

(8) Alcohol-related injury (to self, not due to misconduct, and

(9) Alcohol-related victim of a crime (e.g., rape, assault, robbery), wherein a clear pattern of alcohol abuse by victim is a contributing factor.

3. Referral for Screening (post-incident)

a. Alcohol misuse or abuse that is not recognized and treated at the earliest stage through the command or self-referral process may remain unchecked to the point where it results in an alcohol related incident. An alcohol related incident is an offense, punishable under reference (b), or civilian laws, committed by a member, where in the judgment of the member's commanding officer, offender's consumption of alcohol was a contributing factor. Alcohol abuse/dependency screening is mandatory for members who return to drinking and incur an alcohol incident. The following are examples of events after which members shall be screened:

(1) DUI/DWI;

(2) Drunkenness or drunk and disorderly conduct;

(3) Alcohol-related NJP;

(4) Alcohol-related civilian arrest;

(5) Domestic violence where alcohol is a factor; or

(6) Incompetence for duty due to alcohol intoxication or impairment.

b. The above list is for illustrative purposes and is not all-inclusive. Commanding officers, or equivalent, should consult with the command DAPA, legal officer, ADCO, or OPNAV iN135) for additional guidance and clarification as required.

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7. Treatment Failures. Navy is committed to providing quality care for all members in need of alcohol abuse/dependency treatment. Comply with provisions of reference (h). Per reference (f) however, commands shall process for ADSEP all members considered to be treatment failures, unless a written waiver iS obtained from NAVPERSCOM (PERS-832) via OPNAV (N135). Per paragraph lb of this enclosure, senior enlisted personnel (E5 and above) and officers may be eligible for a second period of treatment if their commanding officer evaluates them as possessing exceptional potential for further useful naval service, provided more than 3 years have elapsed since previous incident. A SARP screening is required to determine amenability for another period of treatment (refer to reference (c) for enlisted members and reference (d) for officers). A sample letter requesting the ADSEP waiver is contained in appendix A to this enclosure.

a. The following are examples of treatment failures:

(1) Any member who incurs an alcohol incident any time in their career after a period of treatment at Level 1 or above that was precipitated by a prior incident.

Comments: "ADSEP" is administrative separation.

(2) Any member who has incurred an alcohol incident, has been a command referral, or has self-referred, and has been screened by medical personnel and found to be in need of treatment and who commences but subsequently fails to complete any prescribed treatment or incurs an alcohol incident. (Conduct which amounts to a refusal, failure to complete, or non-amenability shall be determined by the medical officer or LIP. Conduct which amounts to an alcohol incident shall be determined by the member's commanding officer.)

(3) Any member who fails to participate in, fails to follow, or fails to successfully complete any medically prescribed and command-approved aftercare plan. This determination nmust be made by the member's commanding officer in consultation with the DAPA and SARP.

(4) Any member who returns to alcohol abuse as defined in current Diagnostic and Statistical Manual (DSM) IV criteria at any time during their career following treatment, and is determined to be a treatment failure by their commanding officer in consultation with command DAPA, local SARP, and appropriate medical officer or LIP.

b. A member who, after successfully completing treatment, self-refers without any credible evidence of an alcohol related incident, is not considered a treatment failure and shall be referred to a SARP for appropriate aftercare plan or treatment if necessary.

c. Any member who self-refers and is diagnosed to be in need of treatment by a SARP, and subsequently refuses treatment, may he subject to disciplinary and/or adverse administrative action and suspension of security clearance. If in the judgment of member's commanding officer, 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, commanding officer should take appropriate disciplinary action and may return member to duty to process member for ADSEP. Comply with provisions of reference (h).


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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.

a. This provision does not preclude use of disclosed to establish basis for separation in a separation proceeding, to deny or revoke clearance eligibility by the DON CAF, or to take other administrative action. Nor does it preclude introduction of evidence for impeachment or rebuttal purposes in any proceeding in which illegal substance abuse (or lack thereof) has first been introduced by the member.

b. Use of information disclosed by a member to persons other than military substance abuse program personnel is not limited under this provision. Similarly, use of information disclosed in response to official questioning in connection with any investigation or disciplinary proceeding will not be considered information disclosed for the purpose of seeking or obtaining treatment or rehabilitation and is not limited under this provision.



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Disposition of Naval Reservists

Appendix D to Enclosure (1)

1. Reservists serving on extended active duty orders are subject to the same policies and procedures prescribed for regular Navy active duty members, regardless of drilling location.

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4. Failure to comply with an ordered treatment plan or treatment failure reflects negatively on member's potential for continued useful service and requires processing for ADSEP and possible loss of clearance eligibility.

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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 IDT.

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 immediate ADSEP processing and loss of clearance eligibility.

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DRUG TESTING PROGRAM
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1. Overview

a. Navy has zero tolerance for drug abuse. ...
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d. Navy members who abuse drugs, including those who self refer, per the provisions outlined in enclosure (1) of this instruction, will be screened for dependency, disciplined as appropriate, and processed for ADSEP, and be considered for clearance denial/revocation. Members diagnosed as drug dependent will be offered treatment prior to separation.

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11. 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. Immediate processing for ADSEP will not be delayed for treatment purposes.

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

(1) If a  member tests positive and is not drug dependent, commands shall initiate disciplinary action as appropriate and process member for ADSEP.

(2) If a member tests negative and is not drug dependent and has not used drugs (i.e., member's 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 full 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 their current urinalysis has been received by the command and any potential disciplinary or administrative actions have been initiated.

d. Notwithstanding a member's 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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15. 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. Commanding officers 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.