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OPNAVINST 5350.4D (4 JUN 2009) DRUG AND ALCOHOL ABUSE PREVENTION AND CONTROL

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6. Policy

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

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

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

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

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

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

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

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

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

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SCREENING AND TREATMENT
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Enclosure 1

Screening and Treatment

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2. Referral for Screening (no incident)

a. It is incumbent upon all members of the naval service to identify and address any alcohol misuse or abuse immediately. Preferred method of addressing potential or suspected abuse is through procedures called "command-referral and self-referral." Command and self-referrals are means of early intervention in the progression of alcohol abuse by which members can obtain help before a problem becomes more advanced and more difficult to resolve without risk of disciplinary action.

b. A self-referral is a one-time event that is personally initiated. by the member. Members who desire counseling or treatment resulting from drug and/or alcohol abuse, may initiate the process by disclosing the nature and extent of their problem to one of the following personnel who is actively employed in their capacity as a qualified self-referral agent:

(1) DAPA

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

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

(4) DoD medical personnel (including LIP);

(5) Chaplain; and

(6) Fleet and Family Support Center counselor.

Comentario: "DAPA" significa el Drug and Alcohol Program Advisor (asesor del programa de drogas y alcohol). "CO" significa Commanding Officer (oficial al mando); "OIC" significa Officer in Charge (oficial encargado). "LIP" significa Licensed Independent Practitioner (médico autorizado e independiente).

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

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

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

(1) Medical record of alcohol-related involvement;

(2) History of Monday or Friday absences;

(3) History of financial problems;

(4) Domestic disturbance/family concerns;

(5) Peer, co-worker concerns

(6) History of accidents or mishaps;

(7) History of heavy drinking;

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

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

3. Referral for Screening (post-incident)

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

(1) DUI/DWI;

(2) Drunkenness or drunk and disorderly conduct;

(3) Alcohol-related NJP;

(4) Alcohol-related civilian arrest;

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

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

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

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

a. The following are examples of treatment failures:

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

Comentario: "ADSEP" significa administrative separation (separación administrativa).

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

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

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

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

c. Any member who self-refers and is diagnosed to be in need of treatment by a SARP, and subsequently refuses treatment, may he subject to disciplinary and/or adverse administrative action and suspension of security clearance. If in the judgment of member's commanding officer, purported self-referral is determined to be a fraudulent attempt to avoid assignment to unwanted duty or transfer, or to take unjust advantage of acquired education or other incentive, commanding officer should take appropriate disciplinary action and may return member to duty to process member for ADSEP. Comply with provisions of reference (h).


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

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

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



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Disposition of Naval Reservists

Appendix D to Enclosure (1)

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

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

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

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

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

e. Refusal to participate in an ordered treatment program constitutes grounds for immediate ADSEP processing and loss of clearance eligibility.

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DRUG TESTING PROGRAM
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1. Overview

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

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

a. Personnel who screen as drug dependent shall be considered valid self-referrals and shall be exempt from any disciplinary action. Valid self-referrals, however, shall be processed for administrative separation, and offered rehabilitation treatment prior to separation. Immediate processing for ADSEP will not be delayed for treatment purposes.

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

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

(2) If a member tests negative and is not drug dependent and has not used drugs (i.e., member's admission is furtive attempt to avoid sea duty or transfer, or take advantage of acquired education), commands shall initiate disciplinary action, as appropriate, and return to full duty or process for administrative separation.

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

d. Notwithstanding a member's valid self-referral, appropriate disciplinary or administrative action (including separation under other than honorable conditions), may be taken against the member for drug abuse occurring either before or after self-referral, if detection of such abuse is based upon independent evidence.
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15. Post-Enlistment Disclosure of Pre-service Drug Abuse. Commands will, on a case-by-case basis, evaluate personnel who admit to pre-service drug abuse after denying such abuse at the time of entry. Commanding officers may discipline those members, if appropriate, and/or process for administrative separation by reason of fraudulent enlistment. Personnel who otherwise would have met acceptance criteria at induction may be retained with the approval of the officer exercising General Court-Martial (GCM) authority.