Misc Pub 27-8 Legal Handbook Commander’s 2019
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ArmyDemLogProgramBriefing-Jan17
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- 5. Medical Urinalysis
- D. Limited Use Policy
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| 4. Consent Urinalysis • Urinalysis test conducted after receiving lawful, voluntary consent from the Soldier being tested. Mil. R. Evid e Voluntariness is determined by reviewing the totality of the circumstances. Consent is involuntary if commander announces his intent to order the urine test should the accused refuse to consent. Mil. R. Evid. 314(e)(4). 5. Medical Urinalysis • A urinalysis conducted fora valid medical purpose emergency treatment, periodic physicals, and as necessary for diagnostic or treatment. Mil. R. Evid. f. • However, in the Army, most medical tests may only be used for limited purposes. AR 600- 85, para. 10-12, and Table 10-1. D. Limited Use Policy This policy prohibits the use of some urinalysis results in UCMJ or administrative proceedings. An example is a positive urinalysis result for test taken during the Army Substance Abuse Program (ASAP) by a Soldier who self-referred to the program. AR 600-85, para. 10-12, and Table 10-1. Return to Table of Contents Return to Table of Contents 81 A. References • Manual for Courts-Martial, 2019 Edition AR 600-20, Army Command Policy, 6 November 2014 B. Overview The Army’s policy regarding senior-subordinate relationships imposes prohibitions on many personal and business relationships between officers and enlisted Soldiers and noncom- missioned officers (NCOs) and junior enlisted Soldiers. The policy does, however, permit many relationships in settings such as community-based organizations, church activities, sports events, and family and unit social functions. Violations of the policy maybe punishable under the UCMJ, as violations of a lawful general regulation. For purposes of these provisions, the term officer includes both commissioned and warrant officers. When used without a qualifier, the term enlisted refers to both noncommissioned officers and junior enlisted Soldiers. The term “noncommissioned officer refers to Soldiers in the grade of corporal to command sergeant major/sergeant major. The term junior enlisted Soldier refers to Soldiers in the grade of private to specialist. Download 4.49 Mb. Share with your friends:
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