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SECNAVINST 5300.28F (23 APR 2019) MILITARY SUBSTANCE ABUSE CONTROL AND PREVENTION

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

...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.

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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.

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PRE-SERVICE AND IN-SERVICE MILITARY DRUG AND ALCOHOL ABUSE

1. Policy. It is DON policy that no person who is alcohol, drug, or substance dependent, who currently misuses alcohol,drugs or prohibited substances, whose pre-service misuse of alcohol, drugs or prohibited substances indicates an inclination to continue such misuse while in the service, or who has a record of drug trafficking conviction, enter the Naval Service. Some people have clear potential for substance misuse-free military service despite past misuse. Pre-service substance misuse, as long as the misuse is terminated prior to entry into the Naval Service, is not necessarily disqualifying. Therefore, persons who have misused alcohol, drugs or prohibited substances prior to applying for military service, but who are not currently misusing or substance dependent, may be considered for admittance on a case by case basis. The applicants overall record, however, must indicate the candidate is exceptionally qualified in all other areas and demonstrates the motivation to adhere to all relevant standards of performance and conduct.


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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.

Comments: "IEAD" is Initial Entry on Active Duty.

(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.

Comments: "CNO" is the Chief of Naval Operations; "CMC" is the Commandant 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.

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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).


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DETECTION AND DETERRENCE OF MILITARY DRUG AND ALCOHOL ABUSE

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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.