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Comments: To view or download the complete regulation, click on the the link to it in the box above these comments.


2. Policy

a. Processing is mandatory for the following:

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

(2) Admission of drug use.

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

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

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

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

(a) Deferred prosecution.

(b) Entry in pretrial intervention program.

b. Drug related offenses include the following:

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

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

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

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

3. Procedures

a. Notification procedures are used for the following situations:

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

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

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

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

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

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