a. Basis. A Service member may be separated for misconduct when it is determined under the guidance set forth in paragraph 1 of Enclosure 4 that the Service member is unqualified for further military service by reason of one or more of the following circumstances:
(1) Minor Disciplinary Infractions. A pattern of misconduct consisting solely of minor disciplinary infractions. If separation of a Service member in entry-level status is warranted solely by reason of minor disciplinary infractions, the action should be processed under entry-level performance and conduct (see section 6 of this enclosure).
(2) A Pattern of Misconduct. A pattern of misconduct consisting of:
(a) Discreditable involvement with civil or military authorities; or
(b) Conduct prejudicial to good order and discipline.
(3) Commission of a Serious Offense. Commission of a serious military or civilian offense if a punitive discharge would be authorized for the same or a closely related offense under the Manual for Courts-Martial (Reference (m)).
(4) Civilian Conviction
(a) Conviction by civilian authorities or action taken that is tantamount to a finding of guilty, including similar adjudications in juvenile proceedings and if the following conditions are present:
1. A punitive discharge would be authorized for the same or a closely related offense under Reference (m); or
2. The sentence by civilian authorities includes confinement for 6 months or more without regard to suspension or probation.
(b) Separation processing may be initiated whether or not a Service member has filed an appeal of a civilian conviction or has stated an intention to do so. Execution of an approved separation should be withheld pending outcome of the appeal or until the time for appeal has passed, but the Service member may be separated before final action on the appeal upon request of the Service member or upon direction of the Secretary concerned.
b. Counseling and Rehabilitation. Separation processing for minor disciplinary infractions or a pattern of misconduct (see subparagraphs 10.a.(2)(a) and 10.a.(2)(b) of this enclosure) may not be initiated until the Service member has been formally counseled concerning deficiencies and has been afforded an opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records. If the sole basis of separation is commission of a serious offense (see subparagraph 10.a.(3) of this enclosure), or a civilian conviction (see subparagraph 10.a.(4)(a) of this enclosure), the counseling and rehabilitation requirements are not applicable.
c. Characterization or Description. Characterization of service shall normally be under other than honorable conditions, but characterization as general (under honorable conditions) may be warranted under the guidelines in section 3 of Enclosure 4. For respondents who have completed entry-level status, characterization of service as honorable is not authorized unless the respondent's record is otherwise so meritorious that any other characterization clearly would be inappropriate. In such cases, separations for misconduct with an honorable characterization shall be approved by a commander exercising general court-martial jurisdiction or higher authority as specified by the Secretary concerned.
(1) As an exception, the Secretary concerned may authorize general court-martial convening authorities to delegate authority to special court-martial convening authorities to approve separations with service characterized as honorable. This delegation may be done when the sole evidence of misconduct is command-directed urinalysis results that cannot be used for characterization of service, or when an administrative discharge board has recommended separation with an honorable discharge.
(2) When characterization of service under other than honorable conditions is not warranted for an enlisted Service member in entry-level status in accordance with section 3 of Enclosure 4, the separation will be described as an entry-level separation.
Comments: To view or download the complete regulation, click on the link to it in the box above these comments.
ENCLOSURE 2 MPDATP GUIDANCE
Comments: MPDATP stands for Military Personnel Drug Abuse Testing Program
1. This mandatory program guidance is provided for the implementation, management, and oversight of the MPDATP.
g. Use of collection codes to document the basis for military drug abuse urine testing:
- (1) Inspection. Use collection code ‘IO’ during any random inspection or examination collection pursuant to the Military Rules of Evidence (M.R.E.) 313, Manual for Courts Martial (Reference (i)). Random collections can be subdivided as:
(a) Use collection code ‘IU’ for a random inspection or examination of an entire unit.
(b) Use collection code ‘IR’ for a random inspection or examination of an individual(s) within a unit.
- (2) Probable Cause. Use collection code ‘PO’ during a probable cause collection search or seizure when there is reasonable belief that the urine to be collected contains evidence of illegal drug use, pursuant to the M.R.E. 315 of Reference (i).
- (3) Consent. Use collection code ‘VO’ when a Service member voluntarily agrees to participates in urine collection as part of a consent search pursuant to the M.R.E. 314(e) of Reference (i).
- (4) Rehabilitation. Use collection code ‘RO’ for collections conducted during a Service member’s participation in a drug treatment and rehabilitation program, as prescribed by the Military Department.
- (5) Safety Mishap. Use collection code ‘AO’ for collections following any incident considered a safety mishap under the regulations of the Service involved. Except as provided in subparagraph 1.h.(1)(b) of this enclosure, a specimen may be collected from any individual directly or indirectly involved with the incident. Such samples collected may be used for any lawful purpose, including but not limited to:
(a) Use consistent with applicable M.R.E. (Reference (i));
(b) Disciplinary action under the UCMJ; or
(c) Inclusion as independently collected evidence in a safety mishap investigation or other investigations.
- (6) Command-Directed. Use collection code ‘CO’ during a command-directed examination of a Service member to determine the Service member’s competence for duty or the need for counseling, rehabilitation, or other medical treatment when the commander has reason to question the Service member’s competence for duty (e.g., aberrant, bizarre, or uncharacteristic behavior; unauthorized absences; violations of safety regulations; breaches of discipline; or other similar behavior).
- (7) Medical. Use collection code ‘MO’ for urine collections pursuant to M.R.E. 312, Reference (i) procured during any examination for a valid medical purpose, such as emergency treatment, periodic physical examinations, and such other medical examinations as necessary for diagnostic or treatment purposes.
- (8) New Entrant. Use collection code ‘NO’ when a collection is provided during the preaccession physical or initial period of military service (including a Reserve Component). The policy on pre-accession or new entrant drug testing and dependency evaluation is in section 978 of Reference (g).
- (9) Other. Use collection code ‘OO’ for collections conducted under other circumstances, as allowed by Reference (i).
h. The use of an approved military drug abuse testing result is permitted in the following circumstances for the stated purposes provided.
- (1) Urinalysis results may be used as evidence in disciplinary actions under the UCMJ, and in administrative actions (including separation from the Military Service), except when:
(a) A Service member voluntarily submits to a DoD treatment and rehabilitation program (before the receipt of an order to appear for a urinalysis) or the urinalysis is administered as an integral part of the rehabilitation program. This limitation does not apply to, or prohibit the use of, the urinalysis results:
- 1. As required for national security, such as suspension and processing for removal of access to classified information or retention in a sensitive position; or
- 2. For non-punitive or administrative action, including separation for drug abuse if the Service member is considered a rehabilitation failure or if information substantiates continued drug abuse after initial entry into the treatment or rehabilitation program. Separation based on such records must be under honorable conditions.
(b) In certain safety investigations, a safety investigator has given a promise of confidentiality to an individual who provides evidence for the investigation to encourage frank or open communications. The privileged safety information shall not be used to support disciplinary or adverse administrative action, to determine the misconduct or line-of-duty status of any personnel, or as evidence before any evaluation board. Uses of privileged safety information shall be in accordance with DoDI 6055.07 (Reference (j)).
(c) A Service member is tested for possible drug use as part of a command-directed urinalysis, as in subparagraph 1.g.(6) of this enclosure. Results of a command-directed urinalysis test may be used as a basis for administrative action, including separation, but shall not be used as the basis for an action under the UCMJ or be considered in the issue of characterization of service in a separation proceeding.
(d) A Service member is tested for a controlled substance for which he or she has a valid prescription from a licensed medical authority and has taken the substance pursuant to the prescription and the licensed medical authority’s direction.