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- MILPERSMAN Section 1910-138 (16 Jun 2012) SEPARATION BY REASON OF MISCONDUCT - MINOR DISCIPLINARY INFRACTIONS
- MILPERSMAN Section 1910-140 (21 JUL 2012) SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT
- MILPERSMAN Section 1910-142 (9 OCT 2019) SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE
- MILPERSMAN Section 1910-144 (9 OCT 2019) SEPARATION BY REASON OF MISCONDUCT - CIVILIAN CONVICTION
- MILPERSMAN Section 1910-146 (9 OCT 2019) SEPARATION BY REASON OF MISCONDUCT - DRUG ABUSE
- SECNAVINST 5300.28F (23 APR 2019) MILITARY SUBSTANCE ABUSE CONTROL AND PREVENTION
- OPNAVINST 5350.4E (28 MAR 2022) DRUG AND ALCOHOL ABUSE PREVENTION AND CONTROL
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MILPERSMAN Section 1910-138 (16 Jun 2012) SEPARATION BY REASON OF MISCONDUCT - MINOR DISCIPLINARY INFRACTIONS
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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. See reference (b), Appendix 12, for list of maximum punishment for each article of reference (a);
b. Offenses are documented in the member's 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 Administrative Remarks Counseling and or Warning as explained in MILPERSMAN1910-204,or other form of counseling as explained in MILPERSMAN 1910-202 prior to processing.
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).
5. Characterization of Separation. The least favorable and accepted characterization is General (Under Honorable Conditions) (GEN), although Honorable (HON) may be assigned if appropriate....
MILPERSMAN Section 1910-140 (21 JUL 2012) SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT
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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
b. A member must have violated a NAVPERS 1070/613 warning or other form of counseling as explained in MILPERSMAN 1920-202 prior to processing. 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 completed counseling per MILPERSMAN 1910-202.
c. All offenses processed or considered under Pattern of Misconduct must have occurred in the current enlistment.
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. Refer to MILPERSMAN 1910-308 for further guidance.
MILPERSMAN Section 1910-142 (9 OCT 2019) SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE
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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.).
c. Sailors who lose their ability to carry or handle weapons in the performance of their duties due to a qualifying conviction for misdemeanor crimes ofdomestic violence(DV), per reference (b), section 922(g)(9), must be processed for separation for the corresponding DV incident(s).
3. Mandatory Processing. See MILPERSMAN 1910-233for a complete list of offenses for which administrative separation processing is mandatory.
4. Procedures. Use the following table to determine processing procedures:
- When officer (CO) believes circumstances surrounding the offense warrants an “under other than honorable” (OTH) characterization pursuant to MILPERSMAN 1910-300,
- then use administrative board procedures per MILPERSMAN 1910-402,
- except when offense occurred pre-service or in a prior enlistment and was unknown to the Navy at the time of enlistment or reenlistment and processing for fraudulent enlistment is not appropriate,
- then use MILPERSMAN 1910-402and process forerroneous enlistment.
- When CO believes circumstances do not warrant an OTH characterization pursuant to MILPERSMAN 1910-300,
- then use Notification procedures per MILPERSMAN 1910-402.
5.Characterization of Separation
a. Further guidance on characterization of service is provided per MILPERSMAN 1910-300. This table provides general information based on type of procedures used:
- If notification procedures are used,
- then least favorable characterization is GEN per MILPERSMAN 1910-402.
- If administrative board procedures are used,
- then least favorable characterization is OTH per MILPERSMAN 1910-402.
b. If Service member has less than 180 days of service, an entry-level separation may be appropriate. See MILPERSMAN1910-308 for further guidance.
MILPERSMAN Section 1910-144 (9 OCT 2019) SEPARATION BY REASON OF MISCONDUCT - CIVILIAN CONVICTION
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a. Members may be separated based on civilian convictions, or actions tantamount to:
- (1) Findings of guilt,
- (2) Adjudication withheld;
- (3) Deferred prosecution;
- (4) Entry into adult/juvenile pretrial intervention programs;
- (5) Any similar disposition of charges which includes:
(a) Imposition of fines, probation, community service;
(b) When offense would warrant a punitive discharge per reference (a), appendix 12 for same or closely related offense;
(c) Specific circumstances of offense warrant separation; or
(d) 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. See MILPERSMAN 1910-233 for a complete list of offenses for which ADSEP processing is mandatory.
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.
MILPERSMAN Section 1910-146 (9 OCT 2019) SEPARATION BY REASON OF MISCONDUCT - DRUG ABUSE
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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 Trafficking - the sale, transfer, or possession with the intent to sell or transfer controlled substances.
Comentario: Entregarse voluntariamente al tratamiento resulta en una separación que es procesada por "notification procedures" (trámites de notificación), no "administrative board procedures" (trámites de consejos administrativos); a consecuencia, por si mismo no arriesga una corte marcial y, según las tablas anteriores, resulta en una calificación de servicio no peor que General (Under Honorable Conditions) (bajo circunstancias honrosas).
a. Separation on the basis of drug abuse may be processed using notification procedures when the CO believes the circumstances surrounding the offense and its disposition do not warrant an “other than honorable” (OTH) characterization pursuant to MILPERSMAN 1910-300. Administrative board procedures should be used when the CO believes circumstances surrounding the offense warrant an OTH pursuant to MILPERSMAN 1910-300.
b. Per reference (b), drug abuse is defined as the illegal or wrongful use or possession of a controlled substance or prescription medication, including steroid usage other than that specifically prescribed by competent authority, or attempts to commit drug offenses. The wrongful use of inhalants (huffing) or the misuse of designer drugs must be processed under MILPERSMAN1910-142.
c. If board procedures are used and member waives right to an administrative board, under administrative board procedures, only the general court-martial convening authority or higher serves as SA. Note: Policy and procedures apply to both Active and Reserve Service members(e.g., drilling reservists who test positive on urinalysis must be processed for separation, regardless of when the drugs were ingested.
5.Characterization of Separation. Further guidance on characterization of service is provided in MILPERSMAN 1910-300. This table provides general information based on type of procedures used:
IF notification procedures are used, THEN least favorable characterization is GEN per MILPERSMAN 1910-402.
IF administrative board procedures are used, THEN least favorable characterization is OTH per MILPERSMAN 1910-402.
If AD Service member has less than 180 days of service, an entry-level separation may be appropriate. See MILPERSMAN 1910-308 for further guidance.
SECNAVINST 5300.28F (23 APR 2019) MILITARY SUBSTANCE ABUSE CONTROL AND PREVENTION
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...5. Policy. Substance abuse by members of the Armed Forces is incompatible with military standards of discipline, performance, and operational readiness. It is the goal of the DON to eliminate substance abuse; the illegal possession, distribution, or trafficking of drugs and prohibited substances; and the wrongful possession, use, promotion or distribution of drug paraphernalia. To achieve these goals, it is DON policy that:
- a. Navy and Marine Corps members will not wrongfully use, possess, manufacture, distribute, and/or import drugs, prohibited substances, or drug paraphernalia into the customs territory of the United States. Navy and Marine Corps members will not export from the United States, introduce onto a Department of Defense (DoD)-controlled installation, vessel, vehicle, or aircraft, drugs, prohibited substances, or drug paraphernalia....
- b. Military members found to be misusing illicit drugs or abusing prescription drugs, in violation of applicable provisions of reference (b) or pertinent civilian laws or statutes are subject to appropriate disciplinary or administrative actions.
- c. Military personnel who abuse alcohol but are believed to have a high probability of being rehabilitated may be disciplined as appropriate, provided counseling, and/or treatment services in order for them to return to full active duty per enclosure (2).
- d. Military members who incur a second driving under the influence or driving while intoxicated conviction during their military career, or who incur a subsequent alcohol related incident after entering a prescribed alcohol misuse or treatment/aftercare program may be disciplined as appropriate, per enclosure (3) and will be processed for administrative separation per enclosure (4).
- e. Members who are found to have a substance use disorder shall, prior to separation, be afforded evaluation, treatment and rehabilitation in an appropriate facility as recommended by a medical officer or DoD authorized licensed practitioner. Members who have received treatment for a substance use disorder and are in a prescribed aftercare status are generally eligible for a single course of treatment prior to separation....
- f. Commands will proactively offer relevant education, prevention and outreach programs to deter substance abuse and misuse. Commands will engage with the Naval Criminal Investigative Service (NCIS) when warranted for proactive narcotic briefings and education training regarding narcotic usage within the command and trends identified in the local area. In addition to, ongoing briefings provided pertaining to the NCIS quarterly crime reduction campaign. When requested by NCIS, commands will provide information regarding positive urinalysis for the purpose of debriefing service members in an effort to gain narcotic intelligence to proactively mitigate narcotic use within the command.
- g. Persons convicted of a drug trafficking offense, or who have a documented pattern of substance misuse that indicates a substance use disorder, will not be inducted into the Navy or Marine Corps except as specified in enclosure (4). Trafficking, as it applies in this section, includes importing, exporting, distribution, sale, transferring, or marketing of drugs or prohibited substances.
- h. Navy and Marine Corps resale outlets are prohibited from advertising, possessing or selling drug paraphernalia as defined by this instruction or as determined by competent authority. This prohibition applies to military exchanges, open messes, commissaries, and private organizations and concessions located on DON installations and facilities under DON control.
8. Limitations on Use of Information. Disclosures made by a member to alcohol or substance misuse screening, counseling, treatment, or rehabilitation personnel relating to past alcohol or substance abuse, or possession incident to such misuse, including disclosures made at Alcoholics Anonymous or Narcotics Anonymous meetings, or when attending Navy and Marine Corps preventative education or intervention classes, may not be used against the member in disciplinary action under reference (b) or as the basis for characterizing a discharge, provided that the information is disclosed by the member for the sole purpose of seeking or obtaining treatment. This does not preclude the use of disclosed information to establish the basis for separation in a separation proceeding or to take other administrative action, nor does it preclude the introduction of evidence for impeachment or rebuttal purposes in any proceeding in which alcohol or prohibited substance misuse (or lack thereof) has first been introduced by the member. The use of information disclosed by a member to persons other than military substance misuse program personnel or other established communications that are considered privileged (i.e. communication to clergy) is not limited under this paragraph. Similarly, the 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 therefore not limited under this paragraph.
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.
3. New Entrant Drug Use, Alcohol Testing and Dependency Evaluation...
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.
Comentario: "IEAD" significa Initial Entry on Active Duty (entrada inicial al servicio activo).
(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.
Comentario: "CNO" significa el Chief of Naval Operations (jefe de operaciones navales); "CMC" significa Commandant Marine Corps (comandante de los 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.
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).
DETECTION AND DETERRENCE OF MILITARY DRUG AND ALCOHOL ABUSE
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 5350.4E (28 MAR 2022) DRUG AND ALCOHOL ABUSE PREVENTION AND CONTROL
ALCOHOL MISUSE PREVENTION AND CONTROL
1. Alcohol Misuse Prevention and Control Policy.
a. Responsible Consumption of Alcohol. Legal alcohol consumption is a personal decision. Those individuals who choose to consume alcoholic beverages must do so lawfully and responsibly. In addition to compliance with Navy and local requirements, responsible use is the application of self-imposed limitations of time, place and quantity when consuming alcoholic beverages.
- (1) Minimum Drinking Age. Consumption of alcoholic beverages on naval installations must be restricted to personnel 21 years of age and older in all 50 States and U.S. territories. In foreign countries the drinking age on the installation must conform to the legal age set by the host country. In the absence of any local law, the minimum drinking age must be 21 years of age per reference (j).
- (2) Working Hours. The Navy does not condone the consumption of alcoholic beverages during designated working hours. However, for official functions, ceremonies and other infrequent command-sponsored events (e.g., picnics), it is permissible if approved and authorized by the CO.
- (3) Personal Responsibility. Commands must emphasize personal responsibility at all events and must deglamorize alcohol use during military functions and ceremonies (both on and off base) by forbidding those practices that may encourage personnel to consume alcohol irresponsibly. Adequate quantities of non-alcoholic beverages must be provided for those who choose not to drink alcohol. Commanders may issue more stringent guidance on alcohol consumption for their subordinate commands, as appropriate. When Navy personnel consume alcoholic beverages, they are completely responsible for their own actions and associated behavior.
b. Prevention. COs are responsible for providing (or providing access to) alcohol misuse prevention programs. It is far more constructive to prevent alcohol misuse from occurring than to deal with its consequences. A proactive approach by the CO enhances operational readiness and may also save lives and careers. COs must develop a written prevention plan that includes policies, training, education programs and provide a description of the referral process.
c. Alcohol Misuse. Alcohol consumption is never an acceptable excuse for misconduct or poor judgment. Any misconduct or questionable behavior when alcohol use is involved must be addressed immediately and effectively.
2. Identifying Alcohol Misuse. The Navy recognizes that alcohol use disorders are preventable and treatable medical conditions. Commands are responsible for identifying Service Members at risk and ordering members into appropriate intervention at the first sign of a problem. Commands may become aware of alcohol misuse by a Navy member through a variety of means. The three ways of identifying alcohol misuse and providing appropriate intervention are self- or command-referrals or alcohol incident (AI).
a. Self-referral. This process provides a Service Member the opportunity to self-report substance misuse to receive screening and appropriate treatment for personal alcohol misuse or misuse without fear of disciplinary action. This includes Service Members under the age of 21 who think they are in need of counseling or assistance for alcohol misuse. Two conditions must be met for a self-referral to be considered valid:
- (1) There can be no credible evidence that the Service Member seeking the referral has been involved in an AI. This is not an avenue to avoid the consequences of an AI. A command may not direct an individual to self-refer.
- (2) The request for referral must be made only to designated or authorized individuals. If the request is made to any individual other than the referral agents listed in subparagraphs 2a(2)(a) through 2a(2)(h), it cannot be considered a valid self-referral, but may be used as a factor in determining if a command-referral is appropriate. Authorized referral agents are:
(b) COs, XOs, Command Master Chiefs (CMC), Chiefs Of The Boat (COB), Senior Enlisted Advisors (SEA) or Leading Chief Petty Officers (LCPO).
(c) Navy Drug and Alcohol Counselor.
(d) DoD medical personnel, including LIP.
(f) Fleet and Family Support Center counselor.
(g) Marine and Family Substance Misuse Counseling Centers.
- (3) Self-Referrals Following Treatment. Service Members successfully completing treatment may at any time self-refer. Members with valid self-referrals are not subject to disciplinary action.
b. Command-referral. A command-referral is initiated by the Service Member's chain of command and may be based on any credible factor such as hearsay, personal observation, LIP report or noticeable change in job performance. COs may refer Service Members in their command for medical screening at a SARP in situations where no incident has occurred and whether or not the member has personally disclosed their problem. COs are strongly encouraged to consider referrals for members under the circumstances identified in subparagraphs 2b(1) through 2b(9):
- (1) Member’s medical records indicate a history of alcohol problems or events.
- (2) History of Monday or Friday absences.
- (3) History of financial problems.
- (4) Domestic disturbance or family concerns.
- (5) Peer or co-worker concerns.
- (6) History of accidents or mishaps.
- (7) History of heavy drinking.
- (8) Alcohol-related injury (to self, not due to misconduct).
- (9) Victim of a crime, wherein alcohol consumption by the victim is a contributing factor
c. AI. An AI is an offense punishable under reference (b) or civilian authority committed by a member where, in the judgment of the member’s CO, the consumption of alcohol was a contributing factor. An alcohol use disorder that is not recognized and treated at the earliest stage through the self-referral or command-referral process may remain unchecked to the point where it results in an AI.
a. Mandatory Screening. Screening is mandatory whenever one or more of the circumstances identified in subparagraphs 3a(1) through 3a(7) occur:
- (1) Any occurrence of DUI.
- (2) Drunk and disorderly conduct.
- (3) Behavior involving alcohol resulting in NJP or courts-martial conviction (including summary courts-martial).
- (4) Alcohol-related civilian arrest.
- (5) Domestic violence where alcohol is a factor.
- (6) Suicide-related behaviors or suicide attempts where alcohol is a factor.
- (7) Competence for duty due to alcohol intoxication or impairment.
b. Screening Process. All referrals must be ordered to the appropriate SARP for screening. Shore and non-deployed commands must refer within 5 working days; deployed commands must refer as soon as practicable. Screening and treatment resulting from command- and self-referrals for alcohol use, should not be viewed as detrimental when recommending member for advancement, promotion, command screening or special assignment.
4. Treatment. The primary purpose of a treatment program is to return the member identified as suffering from an alcohol use disorder to a full duty status with a positive, productive and healthy lifestyle. At completion of early intervention or treatment, the SARP must provide a treatment summary (including a prognosis, additional recommendations and an aftercare plan recommendation, when applicable) to the member’s CO.
a. Initial Treatment. Navy's policy is to provide treatment to Service Members diagnosed with an alcohol use disorder as a result of an AI, command-referral or self-referral.
b. Additional Treatment. COs may request additional screening by SARP to determine whether there is a clinical need for another period of treatment.
e. Family Participation. In line with reference (o), families of Service Members with alcohol use disorder should be offered counseling and encouraged to participate on a voluntary basis in the treatment process. Family members who have an alcohol use disorder must be encouraged to enter treatment voluntarily for their own benefit, as well as the Service Member’s benefit. Eligible family members may receive alcohol and drug misuse rehabilitation services offered through the Service Member’s selected dependent health care option (i.e., TRICARE Prime, TRICARE Extra or TRICARE Standard).
6. Treatment Failures. The member’s CO is responsible for reviewing all relevant information and all medical recommendations, when making a determination of treatment failure. The responsible CO may request input from OPNAV N173, prior to the execution of the ADSEP process to ensure treatment failure criterion has been met. Following a determination of treatment failure, commands are then responsible for conducting the required administrative actions. The examples identified in subparagraphs 6a through 6d provide general indications of treatment failures:
a. Any Service Member who incurs a subsequent AI anytime in his or her career after a period of treatment at Level 2 or above precipitated by a prior AI.
b. Any Service Member who 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 (i.e. formal care). Failure to complete treatment is not an automatic treatment failure (i.e. leaving treatment due to emergency). Commands may contact OPNAV N173 for additional assistance.
c. Service Members who incur an AI at any time during outpatient, intensive outpatient or residential treatment that resulted from an incident, command-referral or self-referral (even though treatment may not have been completed). In the event a member incurs an AI subsequent to screening, but prior to the commencement of formal care, the individual must be reevaluated by SARP and then allowed to receive appropriate treatment.
d. Any Service Member, who fails to participate, follow or successfully complete any medically-prescribed and command-approved recovery aftercare plan. This determination must be made by the member’s CO, in consultation with the DAPA and SARP.
7. Command Administrative Requirements.
a. In line with references (c) and (n), immediately process for ADSEP any member(s):
- (1) Determined to be a treatment failure by the command.
- (2) Incur a second DUI at any time in their career. All such events prior to 4 June 2009 must be counted as one DUI incident when determining a second incident. Upon receipt of notification, PERS-83 will temporarily flag the member's record to preclude transfer, reenlistment or promotion of the member pending resolution of the case.
- (3) Determined by a SARP to be in need of treatment and subsequently refuses treatment regardless of the reason (if command-referral or incident). If, in the judgment of member's 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 ADSEP, per guidance contained in reference (c) for enlisted members and reference (n) for officers.
- (4) Whose alcohol-related misconduct is a serious offense or who is a repeat offender forAIs and DUI as in line with reference (o). See Appendix A for definition of serious offense.
- (5) Who self-refers and subsequently refuses to be screened by medical personnel.
b. If the CO determines the member has potential for further useful service, the CO mayrequest a waiver to retain the member on active duty. Submit written waivers to PERS-83 via OPNAV N173B and the appropriate Echelon 3 commander (see DAPA Operating Guide for specific guidance).
c. Pre-separation Offer of Treatment. Service Members diagnosed by a SARP with alcohol or substance use disorders must be offered the recommended treatment prior to separation (see DAPA Operating Guide for specific guidance).
d. Program Completion. Upon satisfactory completion of treatment by the member, commands must:
- (1) Execute a program completion statement (details and a sample form are available on the OPNAV N173 Web portal https://mynavyhr.navy.afpims.mil/Support-Services/21st-Century-Sailor/NAAP/ or https://mynavyhr.navy.afpims.mil/Support-Services/21st-Century-Sailor/Drug-Detection-Deterrence/.
- (2) Monitor aftercare and support plans, including virtual recovery support through Navy MORE.
- (3) Explain to member the requirements for reinstatement to special programs and communities.
- (4) Submit treatment completion form when treatment is provided by a facility outside of a Military Medical Treatment Facility (MTF). See Resources Operating Guide for additional details, as well as a sample form.
e. Special Programs and Communities. Personnel assigned to the submarine and nuclear propulsion program may be suspended or decertified in line with reference (i). Personnel assigned to the PRP may be suspended or decertified in line with reference (j). For special programs and communities such as submarines, nuclear propulsion program, aviation, medical, diving and special warfare, the respective community manager must be consulted for guidance regarding suspension, decertification and reinstatement.
8. Disposition of New Accessions. Differences in administrative handling between officer and enlisted cases are:
a. Enlisted. Any enlisted person diagnosed with alcohol-use disorder moderate or severe
within 180 days of entry on active duty, may be processed for ADSEP as an “Erroneous Enlistment.” Absent such evidence, the member may be separated as an uncharacterized "Entry-level Separation."
b. Officer Applicants. All applicants for appointment to officer candidate programs determined to have an alcohol use disorder moderate or severe must be denied appointment.
c. Officer Candidates. Officer candidates currently enrolled in a commissioning program (e.g., NROTC) who incur an AI, must be disciplined as appropriate and directed to a SARP for screening and other appropriate actions as required.
d. Confidentiality of Records. Records of identity, diagnosis, prognosis or treatment of any member who has sought or received counseling, treatment or rehabilitation in any DoD facility or program (which are maintained in connection with such program) may not be introduced against the member in a courts-martial, except as authorized by a court order issued under standards set forth in section 290dd-2 of Title 42, U.S. Code. Such records may be used for rebuttal or impeachment purposes where evidence of illegal drug or alcohol misuse (or lack thereof) has first been introduced by the member.
e. Limitations on Use of Information. Disclosures relating to past substance misuse made by a member to alcohol screening, counseling, treatment or rehabilitation personnel may not be used against the member in any disciplinary action under reference (b) or as basis for characterization of discharge. This stipulation applies provided the information is disclosed by the member for the express purpose of seeking or obtaining treatment or rehabilitation. This includes statements made at Alcoholics Anonymous meetings or when attending military prevention, education or intervention classes.
- (1) Administrative Actions. This provision does not preclude use of disclosed information to establish a basis for separation in a separation proceeding, to deny or revoke clearance eligibility by the DoD 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 drug use (or lack thereof) has first been introduced by the member.
- (2) Other Disclosures. Use of information disclosed by a member to persons other than military drug or alcohol misuse 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 must not be considered information disclosed for the purpose of seeking or obtaining treatment or rehabilitation and is not limited under this provision.
- (3) Self-incrimination. A judge advocate general officer should be consulted on all self-incrimination cases.
DRUG MISUSE PREVENTION AND CONTROL
1. Drug Misuse Prevention and Control Policy.
a. Overview. Drug misuse by Navy AC and RC personnel adversely impacts mission readiness. The Navy has “zero tolerance” for drug misuse. This policy is dependent on a vigorous and thorough urinalysis testing program which requires a high level of personal integrity for those who are selected for testing, those assigned as observers and those who manage and execute the process.
b. All Service Members are subject to urinalysis. Reference (b) requires urinalysis specimens to be collected under the direct supervision of a designated individual with the same gender marker in the Defense Enrollment Eligibility Reporting System as the Service Member providing the specimen. COs have discretion to take additional steps to promote privacy, provided those steps do not undermine the integrity of the program. However, all collections must be directly observed. ...
c. Navy’s drug misuse policy is not subordinate to any foreign, state or local ordinance, which may permit the use, possession, distribution or prescription of a controlled substance.
- (1) Controlled Substance Abuse, Possession, Manufacture, Distribution, Importation, Exportation and Introduction. Reference (b), article 112a, prohibits all persons subject to reference (b) from wrongfully using, possessing, manufacturing, distributing, importing into the United States or introducing into an installation, vessel, vehicle or aircraft used by or under the control of the Armed Forces substances as listed on the Controlled Substances Act schedule of controlled substances prescribed by the President under clause (2) of reference (b), article 112a or which are listed in schedules I through V of section 812 of reference (s).
- (2) Drug Paraphernalia. Drug paraphernalia is any device, tool, equipment, material or apparatus not used for an authorized medicinal purpose and is intended or designed for use in manufacturing, concealing, processing, preparing, injecting, ingesting, inhaling or otherwise introducing into the human body a drug or prohibited substance in violation of section 801 et seq. of reference (s). The use, possession or distribution of drug paraphernalia by persons in the DON is prohibited. A violation of this prohibition may result in punitive action, adverse administrative action or both.
- (3) Other Substance Misuse. The wrongful use, possession, manufacture, distribution, importation into the customs territory of the United States, exportation from the United States and introduction onto an installation, vessel, vehicle or aircraft used by or under the control of the Armed Forces, by persons in the DON, of controlled substance analogues (designer drugs), illicit use of anabolic steroids or anabolic agents, products containing synthetic cannabinoids (e.g., spice), natural substances (e.g., fungi, excretions, plant substances such as salvia divinorum) or a prescribed or over-the-counter drug or pharmaceutical compound, with the intent to induce or enable intoxication, excitement or stupefaction of the central nervous system, are prohibited and will subject the violator to punitive action under reference (b) or adverse administrative action or both. Although not illegal to possess, using chemicals (e.g., rubbing alcohol, ethanol) and propellants and inhalants (e.g., canned air, nitrous oxide) illicitly for purposes other than what they are intended with the intent to induce or enable intoxication, excitement or stupefaction of the central nervous system is prohibited. Violators must also be subject to punitive action under reference (b), adverse administrative action or both.
- (4) Sailors are prohibited from knowingly using products made or derived from hemp (as defined in 7 U.S.C. § 1639o), including Cannabidiol, regardless of the product’s THC concentration, claimed or actual and regardless of whether such product may lawfully be bought, sold and used under the law applicable to civilians. “Use” means to inject, ingest, inhale or otherwise introduce into the human body. “Use” includes the knowing use of hemp products designed to penetrate through the skin layer, including but not limited to transdermal patches. This prohibition does not apply to the ingestion, consumption or application of cannabinoid formulations approved as drugs by the Food and Drug Administration for which the Service Member has a valid prescription, such as Dronabinol (Marinol®, Syndros®) and cannabidiol (Epidiolex®). A prescription will be deemed valid if issued by the Service Member’s assigned DoD approved medical service provider or a civilian medical professional whose care the Service Member was referred or directed to seek by DoD or as reported to command in line with reference (o). This prohibition also applies to the use of topical products such as shampoos, conditioners, lotions or soaps.
- (5) Deceptive Devices and Methods. Any intentional acts to avoid providing a urine sample when lawfully directed; to dilute a urine sample in an effort to reduce the concentration of compounds upon analysis; to substitute any quantitative value of that sample when confirmed by mass spectroscopy and gas or liquid chromatography; to substitute any substance for one's own urine; or to chemically alter, adulterate or modify one's own urine to avoid detection of any controlled substance or to assist another in attempting to do the same, are prohibited. Personnel violating this prohibition or withholding direct knowledge of others violating this prohibition may be subjected to punitive action under reference (b), adverse administrative action or both.
2. Urinalysis Testing Requirements.
b. All Navy AC, all reservists in an active duty or drilling status and individuals enrolled in NROTC and midshipmen programs are required to be included in a urinalysis testing program. Samples collected for urinalysis testing must only use accurate DoD identification numbers unless a waiver to utilize social security number is approved by DON, Chief Information Officer.
c. All active duty personnel, regardless of branch of service, are required to be included in the Navy urinalysis sampling program when assigned to a Navy activity. Commands must notify the parent Service of non-Navy personnel with drug positive results. Commands must forward urinalysis results to OPNAV N173 for appropriate action.
d. All Navy Service Members assigned to an activity in or supported by another Military Service must follow the urinalysis testing program for that Service. Other Service activities must forward all Navy positive results to OPNAV N173.
e. Mandatory Minimum Testing Requirements. Commands must ensure their urinalysis testing program meets the minimum requirements identified in subparagraphs 2e(1) through 2e(6):
- (1) A minimum of four testing days per month using the random urinalysis (IR) premise code. Small commands (less than 50 personnel on board) are allowed to conduct random tests at a minimum of twice a month with Echelon 2 approval. Commands with approval from their Echelon 2 must provide a copy of the approval documentation to OPNAV N173.
- (2) Commands are always required to test a minimum of 15 percent of assigned personnel per month (maximum of up to 40 percent). Commands must check with their appropriate ADCO for any additional echelon testing requirements. Exceeding 40 percent of assigned personnel is authorized in months where a unit sweep is conducted.
- (3) Conduct an end of fiscal year unit or sub-unit sweep of any individuals not tested during the fiscal year to ensure all Navy personnel assigned to Navy UIC have been tested at least once annually. This does not count towards the IR requirements of subparagraph 2e(1). All (100 percent assigned) personnel on board at the end of the fiscal year must have been successfully tested at least once in the fiscal year.
- (4) All newly reporting personnel must be tested within 72 hours of arrival or on the first normal duty day after arrival using the sub-unit sweep premise code (IU). This does not count towards the requirements of subparagraph 2e(1).
- (5) Samples that are not delivered to the laboratory or submitted and not tested do not count towards meeting minimum testing requirements.
- (6) Telework Testing Requirements. Service Members who are authorized to telework are subject to the same drug testing policies prescribed for non-telework military members, regardless of telework location. Supervisors must control the daily or weekly telework plans of their military members to ensure they are not teleworking to avoid providing a sample in any way before, during or after the testing process....
POLICIES FOR THE RESERVE COMPONENT
1. Reservists are subject to the same policies and procedures prescribed for active duty Navy members, regardless of drilling location. Drilling reservists determined to have misused drugs must be processed for ADSEP.
2. Scheduled date of release to inactive duty must not preclude reservists on extended active duty from receiving appropriate level of treatment while on active duty. Date of release to inactive duty may be extended to complete appropriate level of treatment, if necessary. Member's aftercare program would then be completed while in an inactive duty status and monitored by the command responsible for the member serving on inactive duty.
3. Reservists (in an inactive duty status or on active duty orders of fewer than 30 days) must be screened by a SARP for alcohol or drug problems, to the maximum extent feasible. Screening of reservists is authorized if conducted at a military installation while in a drill or in an active duty status.
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.
5. If a level of treatment precludes satisfactory participation at member's current training category level, member should be transferred to an appropriate training category or records review unit.
6. A reservist who tests positive for THC within the first 29 days of extended active duty may not be guilty of drug misuse. In cases of extremely-heavy marijuana misuse, the body can store the drug and may be detected at levels above the DoD established cut-off for up to 30 days. Hence, use of marijuana conceivably could have taken place prior to entry on active duty at a time when the member was not subject to reference (b). Take action as appropriate under paragraph 7 when drug misuse is confirmed, even for cases when a member’s status under reference (b) may be unclear.
7. Administrative guidance for reservists who are not on a period of extended active duty.
a. Reference (b) and reference (c), article 1620-020, should be consulted for procedures regarding exercise of NJP authority and courts-martial jurisdiction over Navy RC personnel not on extended active duty.
b. A reservist who is assigned to any Reserve activity in any status and who is alleged to have committed a drug offense while on active duty or IDT, is subject to NJP and court-martial jurisdiction without regard to any change in member’s Reserve status subsequent to commission of offense. No disciplinary action may be taken, if member's military status has been completely terminated before discovery of the alleged offense.
c. A reservist in an inactive duty status involved in a confirmed incident of drug use, including conviction in civilian court, is subject to loss of clearance eligibility and administrative action 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 misuse established through urinalysis conducted on IDT.
d. Refusal to participate in an ordered treatment program constitutes grounds for immediate
ADSEP processing and loss of clearance eligibility.
e. Navy RC personnel not on extended active duty have no specific right to treatment when processed for administrative discharge. A substance use disorder determination (alcohol or drug) is, therefore, not specifically required as part of the ADSEP process.
f. For assistance in handling special cases, contact Commander, Navy Reserve Forces Command (N01A2), 1915 Forrestal Drive, Norfolk, VA 23551-4615.
1. Gambling disorder has been identified by the medical community as an addiction similar to drug or alcohol use.
2. Gambling disorder can also develop in conjunction with other problematic behaviors.
3. Treating a person with gambling disorder may eliminate financial or legal issues that, combined with other problematic behaviors, could spiral out of control.
4. Given the importance and concern with maintaining individual readiness among Service Members, individuals with a diagnosed gambling disorder must be referred to a MTF.