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600-85, KSARNG, Substance Abuse Prevention & Control, 2007 Jun 1(2)
| B – 6. What does the unit commander do when notified that a Soldier has tested positive during ab bdrug test? Response 6: Figure B provides an outline of the process. When a unit commander is notified that a Soldier tested positive during a UA, the unit commander’s actions are determined by the type of drug identified. If the drug does not have a legitimate medical use as determined by USAMEDCOM, the commander will consult with law enforcement to determine whether law enforcement desires to conduct an investigation. The commander will also Flag the Soldier and consult with the trial counsel who supports the unit. If law enforcement declines to conduct an investigation, the commander must conduct his or her own preliminary inquiry into the alleged offense. The commander must advise AR 600–85 • 23 July 2020 105 the Soldier of his or her legal rights under UCMJ Article 31 (busing DA Form 3881. If the Soldier waives his or her rights, the commander may then question the Soldier about drug abuse. After completing the inquiry or investigation, the commander should consider the full range of actions in accordance with the Rule for Courts Martial 306 of the Manual for Court Martial. The commander must initiate administrative separation within 30 calendar days of receipt of a positive drug test report or if the case requires MRO review, within 30 calendar days of receipt of the MRO- verified positive drug test report. In cases where the chain of command has referred the matter to atrial by court- martial, administrative separation proceedings will be delayed until the completion of the court-martial process. The commander may initiate action under the UCMJ and start administrative separation processing simultaneously. Regardless of the action taken, the Soldier must be referred to BH fora SUD evaluation. Download 3.47 Mb. Share with your friends:
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