Mala conducta (la que incluye el consumo de drogas y el alcoholismo)

Army

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AR 635-200 Active Duty Enlisted Administrative Separations (19 Dec 2016)

Fuente

7.3 MB (7.3 MB)

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Chapter 14
Separation for Misconduct

Section I
General Provisions
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14-3. Characterization of service or description of separation

a. A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the soldier's overall record.
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Section III
Acts or Patterns of Misconduct

14-12. Conditions that subject soldiers to discharge

Soldiers are subject to action per this section for the following:

a. Minor disciplinary infractions. A pattern of misconduct consisting solely of minor military disciplinary infractions. Except as provided in paragraph 1-13c, if separation of a soldier in entry-level status is warranted solely by reason of minor disciplinary infractions, the action will be processed under chapter 11.

b. A pattern of misconduct. A pattern of misconduct consisting of one of the following:

(1) Discreditable involvement with civil or military authorities.

(2) Discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the UCMJ, Army regulations, the civil law, and time-honored customs and traditions of the Army.

c. Commission of a serious offense. Commission of a serious military or civil offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the MCM.

(1) An absentee returned to military control from a status of absent without leave or desertion may be separated for commission of a serious offense. (See para 1-43 for civil offenses under investigation by foreign authorities.)

(2) Abuse of illegal drugs is serious misconduct.

(a) However, relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under a or b, above, as appropriate.

(b) All soldiers against whom charges will not be referred to a court-martial authorized to impose a punitive discharge or against whom separation action will not be initiated under the provisions of chapter 9 or section II of this chapter will be processed for separation under a, b, or c, above, as applicable.

1. Processed for separation means that separation action will be initiated and processed through the chain of command to the separation authority for appropriate action.

2. The immediate and intermediate commanders will recommend separation or retention. Recommendations will be made as to characterization of service. (See para 2-2 or 2-4.)

3. The separation reason in all separations authorized by this paragraph will be misconduct-abuse of illegal drugs. Voluntary (self) identification/referral in accordance with AR 600-85, paragraph 3-2, does not require initiation of separation proceedings under this section.
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Chapter 9
Alcohol or Other Drug Abuse Rehabilitation Failure
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9-2. Basis for separation

a. A soldier who is enrolled in the ADAPCP for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program in one of the following circumstances:

Comentario: "ADAPCP" significa el "Alcohol and Drug Abuse Prevention and Control Program" (programa para la prevención y control del alcoholismo y el consumo de drogas).

(1) There is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.

(2) Long-term rehabilitation is necessary and the soldier is transferred to a civilian medical facility for rehabilitation.

b. Nothing in this section prevents separation of a soldier who has been referred to such a program under any other provision of this regulation.

c. Initiation of separation proceedings is required for soldiers designated as alcohol/drug rehabilitation failures.
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9-4. Characterization of service or description of separation

The service of soldiers discharged under this section will be characterized as honorable or under honorable conditions unless the soldier is in entry-level status and an uncharacterized description of service is required. An honorable discharge is mandated in any case in which the Government initially introduces into the final discharge process limited use evidence as defined by AR 600-85, paragraph 6-4. (See para 2-6h for procedures for reinitiation or rehearing, if appropriate.)

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AR 600-85 Army Substance Abuse Program (ASAP) (23 JULY 2020)

Fuente

AR 600-85 Army Substance Abuse Program (ASAP) (23 JULY 2020) (3.5 MB)

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Chapter 7
Identification, Referral for Treatment
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7-2. Methods of identification

a. Early ID is a critical aspect of the SUD evaluation process and occurs through a variety of methods--

Comentario: "SUD" significa el "Substance Use Disorder" (Trastorno por consumo de sustancias).

(

• (1) Voluntary (self) ID.
• (2) Command ID.
• (3) Drug testing ID.
• (4) Alcohol testing ID.
• (5) Medical ID.
• (6) Investigation/apprehension.

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7-3. Voluntary (self) identification and referral

a. Voluntary (self) ID is the most desirable method of discovering substance abuse disorder. ... The Soldier's unit commander must become involved in supporting voluntary help seeking and and early ID of problematic substance abuse. ... Command policies will encourage Soldiers and DA Civilian employees to voluntarily seek assistance and will avoid actions that would discourage these individuals from seeking help. Soldiers may initially request help from their commander, primary care provider, chaplain, any officer or NCO in their chain of command, or other agencies. Soldiers seeking self-referral for problematic substance use may access services through BH services for a SUD evaluation. The Limited Use Policy exists to encourage Soldiers to proactively seek help.

Comentario: La "Limited Use Policy" (política del uso limitado), la cual previene el uso de las pruebas del consumo de drogas y el alcoholismo para castigar a un soldado o afectar a la calificación de su servicio bajo ciertas circunstancias, se describe a continuación.

b. In situations where a Soldier reveals to a chaplain or chaplain assistant that they have or have had an alcohol or other drug use problem, confidential communication could limit a chaplain from notifying a Soldier's unit commander. However, the Soldier may waive the communication privilege and allow the chaplain to inform the unit commander. If the soldier does not waive their privilege, the chaplain will inform the Soldier that treatement for an SUD is available through the BH clinic.

c. Identification resulting from a Soldier seeking emergency treatment for an actual or possible alcohol or other drug overdose, not subsequent to a traffic accident or criminal offense, is considered to be a variation of voluntary (self) ID, and therefore the limited use policy will apply. For reporting purposes, such cases will be classified as self referral.
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f. Commander/supervisor ID occurs when a commander/supervisor observes, suspects, or otherwise becomes aware of an individual whose job performance, social conduct, interpersonal relations, physical fitness, or health appears to be affected adversely by suspected problematic substance use. Soldiers who are identified with possible problematic substance use will be processed by their unit commander or designated representative in accordance with AR 600 – 85 using DA Form 8003 and referred to the BH clinic for a SUD evaluation. All referrals made with a DA Form 8003 will have a SUD evaluation performed by the BH clinic. If mandated treatment for SUD is required, the recommended frequency, length of counseling sessions, and level of treatment will be shared with the commander to solicit support.

7-4. Drug testing identification

a. Drug testing ID is accomplished through UA, which is discussed in detail in chapter 4 for Soldiers and in chapter 5 for civilian employees.

b. Any Soldier identified with a verified drug positive requires a mandatory command referral to the BH clinic for a SUD evaluation within 5 duty days of receipt of the validated positive drug test results. When this ID method applies, the commander will describe the Limited Use Policy to the Soldier. The DA Form 8003 will be marked with reason for command referral as bio-chemical.

c. Any civilian employee identified with a verified drug positive requires a mandatory referral to the EAP for an assessment.

7-5. Alcohol testing identification

a. Alcohol testing ID is accomplished through alcohol breathalyzer or blood sample alcohol testing which is discussed in chapter 3 of this regulation.

b. Any Soldier on duty whose alcohol breathalyzer or blood sample alcohol test result indicates alcohol impairment as discussed in paragraph 3 – 2 requires a mandatory command referral to the BH clinic for a SUD evaluation within 5 duty days of receipt of the test result.

c. When this ID method applies, the commander will describe the Limited Use Policy to the Soldier and refer the Soldier to the BH clinic for a SUD evaluation using the DA Form 8003 form as soon as possible. The DA Form 8003 will be marked with reason for referral as bio-chemical.

d. Any civilian employee subject to the DOT breath testing for employees performing duties requiring a commercial driver’s license will require a mandatory referral to the ASAP EAP for screening/assessment and referral to the installation SAP if the confirmed alcohol test result is 0.04 percent or higher. Supervisors will follow procedures outlined in DA Pam 600 – 85, if confirmed alcohol test is 0.02 percent or higher.

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7-7. Medical identification

a. During routine or emergency medical treatment, health care providers may note problematic substance use. In such instances, health care providers will refer the Soldier to the BH clinic for a SUD evaluation. If a Soldier reveals abuse of substances (illegal drug, controlled drug, alcohol or other) to a health care provider, the health care provider will refer to BH for a SUD evaluation, if necessary. The revelation of problematic substance use, by itself, will not subject the individual to adverse administrative action. UA which may follow such disclosure will be covered under the Limited Use Policy. When this ID method applies, the commander will describe the Limited Use Policy to the Soldier as soon as possible and support the medical referral of the Soldier to the BH clinic for a SUD evaluation. The health care provider will provide information about the Soldier’s alleged problematic substance use immediately to the Soldier’s commander, should it appear that any of the following conditions exist:

• (1) The Soldier is acutely impaired.
• (2) Impaired judgment is evident.
• (3) Potential danger to others exists as a result of problematic substance use (for example, Chemical or Nuclear Surety Programs, flight crews).
• (4) Problematic substance use impacts the Soldier’s judgment, reliability, or trustworthiness to protect classified information.

b. If a health care provider notes problematic substance use during routine or emergency medical screening of a civilian employee or Family member, the health care provider will recommend the individual for referral to BH for a SUD evaluation.

c. The evaluation, ID, and referral of health care providers with abuse of substances (illegal drug, controlled drug, alcohol or other) related problems are very sensitive issues. Health care providers are responsible for helping to identify and refer any colleague whose performance is impaired by alcohol or other drugs to the Impaired Health Care Provider Program. All health care providers will be responsible for reporting any problematic substance use concerns to the Impaired Health Care Provider Committee or chain of command. The medical health authority will manage the potentially impaired provider through the Impaired Health Care Provider Committee. When this ID method applies, the medical commander will describe the Limited Use Policy to the healthcare provider as soon as possible and support the medical referral of the Soldier to the BH clinic for a SUD evaluation.

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Section II
Administrative and Uniform Code of Military Justice Actions for Soldiers

10-4. Administrative and Uniform Code of Military Justice options

a. Commanders must take action against Soldiers who test positive for illicit drugs or for illegal use of legal drugs when a MRO determines the Soldier has no legitimate medical purpose for taking the drug. Some possible actions include:

• (1) Administrative actions—
• (a) Oral or written counseling/reprimand.
• (b) Suspension of access to classified information.
• (2) UCMJ actions—
• (a) Non-judicial punishment.
• (b) Court martial.

b. Any legal or administrative action should be based on the substance abuse-related incident that resulted in the referral to BH for SUD evaluation; actions will not be based on screening or enrollment determinations.

c. Mandatory administrative actions include the following:

• (1) Commanders must initiate FLAGs on all Soldiers who engage in the misconduct.
• (2) The commander must initiate administrative separation. The retention/separation authority will decide if the Soldier is retained or separated

Comentario: Aunque es obligatorio iniciar los trámites de la separación, no es obligatorio dar de baja al soldado.

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10-6. Separation actions – military personnel

Illicit drug use is grounds for disciplinary action under the UCMJ and/or the initiation of administrative separation proceedings. In addition to the rules for administrative separation actions and boards (refer to AR 600 – 8 – 24 and AR 635 – 200), the following rules apply to administrative separation actions and boards for illicit drug use. The following policies will apply to separations initiated under provisions of AR 135 – 175, AR 135 – 178, AR 600 – 8 – 24, and AR 635 – 200. The basis for separation for alcohol abuse and illicit drug use and authority for retention are as follows:

a. Drug test results from an DoD FTDTL normally can be substantiated by a “Laboratory Documentation Package” alone. Counsel for the respondent will be allowed adequate opportunity to interview laboratory officials before the board date. Soldiers determined by SUD provider and informed to the commander as a rehabilitation failure, as determined in paragraph 8–4d, will be processed for separation in accordance with separation regulations; in addition, Soldiers with a subsequent alcohol or drug-related incident of misconduct at any time during the 12-month period following successful completion of the enrolled SUD treatment or during the 12-month period following removal from the enrolled SUD treatment, for any reason, will be processed for separation as an alcohol or drug abuse rehabilitation failure. The term "process for separation" means the separation action will be initiated and processed through the chain of command to the separation authority for appropriate action. Except for Soldiers referred to a court-martial authorized to impose a punitive discharge, commanders will process for separation all Soldiers who are—

• (1) Involved in two serious incidents of alcohol-related misconduct within a 12-month period. A serious incident of alcohol-related misconduct is defined as any offense of a civil or military nature that is punishable under the UCMJ by confinement for a term exceeding 1 year.
• (2) Involved in illegal trafficking, distribution, possession with intent to distribute, or sale of illegal drugs, including those listed in paragraph 4-2.
• (3) Identified as an illegal drug abuser by a verified test positive for unauthorized use of controlled drugs or illegal drug use. Tested positive for illegal drugs a second time during their career.
• (4) Convicted of DWI or DUI a second time during their career.

b. For Regular Army and Active Guard Reserve (AGR) Soldiers who meet separation criteria in paragraph b, above, but for whom commanders support retention, the retention authority will be elevated to the first GO in the chain of command with a judge advocate or legal advisor before going to the General Court Martial convening authority available in accordance with the provisions below.

• (1) NCOs (corporal and above) processed for separation as provided for in paragraph above, require a retention decision from the first GO in the chain of command. All separation decisions (including retention in the Army) for specialist and below will remain with existing separation authorities.
• (2) All enlisted Soldiers processed for separation as a result of drug or alcohol misconduct as provided for in paragraphs above, require a retention decision from the first GO in the chain of command.
• (3) All separation actions on enlisted Soldiers with 18 or more years of qualifying service for retired pay will be submitted to HQDA for final decision in accordance with existing regulatory provisions.

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10-9. Actions before, during and after deployments and reassignments
Deployments.

    a. Legal and administrative actions against a Soldier on deployment orders with a confirmed positive drug test may be suspended at the discretion of the separation authority until the Soldier's unit redeploys from the theater of combat operations.

    b. All independently privileged providers will profile Soldiers with a BH/SUD disorder who presents occupational impairment based on clinical judgment. Treatment in mandatory/enrolled care may render Soldiers non-deployable to certain combatant commands (COCOM), which may be waived by the COCOM surgeon.
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Section III Legal Actions for Soldiers
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10-12. Definition of the Limited Use Policy

    a. Unless waived under the circumstances listed in paragraph 10-13d, Limited Use Policy prohibits the use by the government of protected evidence against a Soldier under the UCMJ or on the issue of characterization of service in administrative proceedings. Additionally, the policy limits the characterization of discharge to "Honorable" if protected evidence is used. Protected evidence under this policy is limited to:

•     (1) Results of command-directed drug or alcohol testing that are inadmissible under the MRE. ...

Comentario: Las "MRE" son las "Military Rules of Evidence" (reglas militares del uso de las pruebas).

• (2) Results of a drug or alcohol test collected solely as part of a safety mishap investigation undertaken for accident analysis and the development of countermeasures is further described in paragraph 4-5.
• (3) Information concerning drug or alcohol abuse or possession of drugs incidental to personal use, including the results of a drug or alcohol test, collected as a result of a Soldier's emergency medical care solely for an actual or possible alcohol or other drug overdose. To qualify for Limited Use protection, Soldiers must inform their unit commander of the facts and circumstances concerning the actual or possible overdose. The commander must receive this information as soon after receipt of the emergency treatment as is reasonably possible. If treatment takes place at a civilian facility, the Soldier must give written consent to the treating civilian physician or facility for release of information to the Soldier's unit commander concerning the emergency treatment rendered. If the medical treatment resulted from an apprehension by military or civilian law enforcement authorities, or if the admission for treatment resulted from other than abuse of alcohol or drugs, such as for injuries resulting from a traffic accident, the Limited Use Protection will not be available to the Soldier.
• (4) A Soldier's self-referral to BH for SUD treatment.
• (5) Admissions and other information concerning alcohol or other drug abuse or possession of drugs incidental to personal use occurring prior to the date of initial referral to treatment and provided by Soldiers as part of their initial entry into SUD treatment. This includes an enrolled Soldier's admission to a physician or ASAP counselor concerning alcohol or other drug abuse incidental to personal use occurring prior to the initial date of referral to SUD treatment.
• (6) Drug or alcohol test results, if the Soldier voluntarily submits to a DOD or Army rehabilitation program before the Soldier has received an order to submit for a lawful drug or alcohol test. Voluntary submission includes Soldiers communicating to a member of their chain of command that they desire to be entered into SUD treatment. This limited use protection will not apply to test results, which indicate alcohol or other drug abuse occurring after the voluntary submission to the rehabilitation program.

Comentario: Ejemplos de las circunstanicas bajo las cuales la "Limited Use Policy" se aplica y no.

Examples: The unit commander has ordered a urinalysis on Monday for all members of the unit (an inspection under MRE 313). Before receiving an order (or having knowledge of a pending test) to appear for the urinalysis, a Soldier approaches the platoon sergeant, admits having used illegal drugs over the weekend, and indicates a desire to receive help. Later that day, the Soldier is ordered to and provides a specimen for the urinalysis, which results in a positive report for cocaine use. Those results are protected by the limited use policy unless there is some evidence that demonstrates the use reflected by the test occurred after the admission was made to the platoon sergeant. Later that week, the commander orders another unit inspection for the following Monday. The inspection is conducted properly under MRE 313, and the Soldier once again has a positive result for cocaine. These test results, as interpreted by an FTDTL expert, indicate the Soldier had used cocaine after admitting use to the platoon sergeant. This test result is not protected by the Limited Use Policy.

• (7) The results of a drug or alcohol test administered solely as a required part of a DOD or Army SUD treatment program.

b. The Limited Use Policy does not prevent a counselor from revealing, to the commander or appropriate authority or others having a need to know, knowledge of certain illegal acts which may compromise or have an adverse impact on mission, national security, or the health and welfare of others. The unit commander will report the information to the appropriate authority. Likewise, information that the patient presently possesses illegal drugs or that the patient committed an offense while under the influence of alcohol or illegal drugs, other than prior illegal possession incident to the prior use, is not covered under this policy. Limited use is automatic. It is not granted, and it cannot be vacated or withdrawn. It may be waived in the situations described in paragraph 10-13d.

c. An order from competent authority to submit to UA or breathalyzer or blood sample alcohol test is presumed a lawful order. Soldiers who fail to obey such orders may be the subject of appropriate disciplinary action under the UCMJ.

d. The Limited Use Policy does not preclude the following:

• (1) The introduction of evidence for impeachment or rebuttal purposes in any proceeding in which the evidence of drug abuse (or lack thereof) has first been introduced by the Soldier. ...
• (2) The initiation of disciplinary or other action based on independently derived evidence, including evidence of continued drug abuse after initial entry into SUD care.

e. If the command is made aware of a Soldier's illegal drug use through the Soldier's self-referral and admissions, the requirement to initiate separation proceedings pursuant to the appropriate enlisted or officer separation regulation will not apply. The unit commander may initiate a separation action; however, the information is protected by the Limited Use Policy.
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Chapter 15
Army Substance Abuse Program in the Army National Guard
Section 1

General

15-1. Scope

The ASAP policies and procedures in this regulation apply to all components of the Army, including the ARNG. However, due to the different laws and conditions that affect National Guardsmen when they are on state and federal duty, some additional ASAP policies and procedures also apply. This chapter establishes those specific policies, responsibilities, and procedures for implementing and managing the ASAP in the ARNG. The CNGB will implement the ASAP at the State level based on program functions in the ARNG. Subject to the CNGB’s discretion, the following should be considered when planning State ASAPs.

Comentario: CNGB significa "Chief, National Guard Bureau" o Jefe de la Oficina de La Guardia Nacional.

15–7. Drug testing rate

Company/troop commanders will randomly test 10 percent of their Soldiers each month or the equivalent for units on alternate battle assembly cycles. All Soldiers are required to provide a valid sample for testing annually. Any Soldiers who are not selected for testing in the first three quarters, must be selected for testing in the fourth quarter using the Inspection Other (IO) in addition to the normal 10 percent monthly random selection.

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15–9. Specimens requiring review by a medical review officer by Department of Defense policy Medical Review Officer (MROs) are authorized to check the State Prescription Monitoring Program (PMP) to determine Authorized Use, prior to any of these steps. If authorized use is determined, MRO will notify the ASAP office immediately. Lack of documented prescription information in the PMP cannot be used to determine Illicit Use. a. Upon receipt of a presumptive positive drug result, ARNG commanders will—

• (1) Notify Soldiers within 30 calendar days of receipt of the presumptive positive drug test result.
• (2) Document the notification procedure used.
• (3) Forward the documentation to the SAP office.

b. If unable to notify the Soldier telephonically or in person, ARNG commanders will—

• (1) Mail the notification by certified mail, return, and/or return receipt requested.
• (2) Complete an affidavit of mail.
• (3) Forward the affidavit of mail and return receipt to the SAP office.

c. If the notification memorandum is mailed and the Soldier fails to acknowledge receipt, or fails to submit a reply within 30 calendar days of the postmarked date, administrative separation actions will proceed.

d. ARNG Soldiers must provide any legitimate prescription information or documentation within 30 calendar days after receiving notification on a presumptive positive drug test result to the SAP office.

e. Requests for an extension for good cause may be submitted to the SAP office for approval.

f. Unless an extension is granted, failure to deliver the proper documentation within 30 calendar days of the date of notification of a presumptive positive drug test may constitute a determination of illegitimate use and result in initiation of administrative separation actions.

g. The SAP office will ensure that the MRO receives test results for review and proper prescription documentation within 15 calendar days of SAP office receipt.

h. The MRO will provide a formal determination and complete DAMIS input and forward to the SAP office within 15 days of receiving positive test result documentation. Within 15 days of receiving the MRO determination, the SAP office will notify the Soldier’s commander for action and decision.

i. Total process for MRO review should take no greater than 90 calendar days from result posting to completion of DAMIS input.

15–10. Military justice

Incidents involving alcohol or other drugs may also constitute a basis for violation of law and/or a military justice code. Soldiers may be processed under applicable code for disciplinary action in addition to separation and other administrative actions outlined under this regulation. ...

Chapter 16
Army Substance Abuse Program in the U.S. Army Reserve
Section 1

General

16-1. Scope

This chapter establishes policies, responsibilities, and specific procedures for implementing and managing the ASAP within the USAR. 

16-2. Applicability

a. This chapter applies to USAR Soldiers while not on AD for 31 days or more in the following categories:

• (1) Troop program units (TPU). (See AR 135-200)
• (2) Individual Mobilization Augmentee (IMA) Program.
• (3) Individual Ready Reserve (IRR).
• (4) Soldiers serving on various tours:
• (a) ASOS
• (b) Active Duty Special Work (ADSW)
• (c) ADT

b. The ASAP policies and chapters apply to activated USAR Soldiers in the following status:

• (1) Active Guard Reserve (AGR)
• (2) Presidential Selected Reserve Call-up (Title 10, active) such as partial, full, or total mobilization
• (3) Mobilized 31 days or more

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Section III

Policies and procedures

16–8. Policy

The objective of the USAR program is to sustain a well-disciplined, mission capable force ready for mobilization. Abuse of alcohol and other drugs is incompatible with service in the USAR.. Well organized and effective programs in UA testing and alcohol and other drug prevention and education are critical to achieving this objective. Substance abuse incidents are defined as any event in which alcohol or other drugs were involved, including positive UA for illicit drug use or non-legitimate use, DUI, domestic violence/assaults, fights, attempted suicide/gestures, unrestricted SHARP reports, arrests, and so forth.

a. Company or troop commander will conduct inspection random selection at a minimum of 10 percent monthly or 25 percent quarterly. The maximum selection rate is 40 percent of the overall unit strength per collection.

b. Commanders will not release information on positive drug results or initiate administrative actions until an MRO review is completed if one is required.

c. The USAR Soldiers identified as having a substance abuse incident will be—

• (1) Counseled by the unit commander, in person or by certified mail for possible enrollment in a USAR program. Command counseling sessions will be conducted within 30 calendar days, or by the close of the next battle assembly, after the receipt of MRO-verified positive drug test report.
• (2) Flagged immediately in accordance with AR 600–8–2 using DA Form 268 to suspend favorable personnel actions until separation procedures for misconduct are adjudicated, especially if a Soldier has two serious incidents for alcohol or two for drug related misconduct within in year.
• (3) Processed for administrative separation. Administrative separation will be initiated and processed to the separation authority for decision on any Soldier with a positive drug test that could not have resulted from legitimate medical use of a drug.
• (4) Evaluated for continued eligibility for access to classified information and reported to DoD CAF.

d. Commanders will not release information on positive drug results or initiate administrative actions until an MRO review is completed, if one is required.

e. Company or troop commanders will randomly select a minimum of 25 percent not to exceed 40 percent of their assigned strength to each month to meet the requirement of 100 percent.

f. USAR Soldiers involved in alcohol related misconduct such as drinking/impaired on duty (see para 3–2a) or operating a motor vehicle while impaired (regardless of the geographic location of the incident) will be—

• (1) Counseled by the unit commander, referral to EAP coordinator, military, VA or certified community-based substance abuse treatment program for initial screening and possible treatment. Command counseling will occur within 45 calendar days of the Soldier’s ID for possible alcohol related abuse, if operationally possible.
• (2) Flagged after first incident (using DA Form 268) immediately in accordance with AR 600–8–2 until separation procedures under appropriate regulations for misconduct are adjudicated.
• (3) If a Soldier has two serious incidents of alcohol related misconduct in a year.
• (4) Have their current duty assignment reviewed, and be relieved from duty if warranted. Commanders will ensure relief for cause is recorded.
• (5) Have their Service record reviewed by the Soldier’s commander to determine if one or more of the following actions are warranted:

(a) Administrative reduction in rank for inefficiency under the provisions of AR 600–8–19.

(b) Bar to reenlistment.

(c) Relief for Cause evaluation report.

(d) Administrative discharge/or disciplinary action under UCMJ, if applicable.

(e) General Officer Memorandum of Reprimand.

(6) Evluaated for continued eligibility for access to classified information and reported to the DoD CAF who will determine if any formal evaluation of a security clearance is required. Note: No formal suspension of security clearance occurs at this time. In the case of a suspended separation, the Soldier will remain flagged until separation is remitted.

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