AR 600–85 • 23 July 2020 89
d. Determine if positive drug results reported by the FTDTL could have resulted from the legitimate use of a prescription drug for medical reasons and/or for drugs administered during surgical or dental procedures.
e. If necessary, coordinate
with the unit commander, who will offer the Soldier the opportunity to furnish medical evidence in the form of a medical prescription statement from the Soldier's physician or dentist and the medical reason for its use, and pharmaceutical documentation prescribed or given with the date of medical or dental procedure which required prescribed medication.
f. The MRO will make the determination and notify the ASAP manager within 45 days
upon receipt of medical review, ensuring timeline from lab certification date to entry into DAMIS does not exceeding the 90 days receiving the positive result to review. Note Unit commanders will not initiate any adverse action against the Soldier until the
MRO has rendered a determination.
(1) There is no requirement for the MRO to have a telephonic or in-person interview with the Soldier as long as the review can be resolved by reference to the Soldier’s available medical record. Soldiers will be provided the opportunity to present evidence of legitimate prescription use if the electronic or hard-copy medical records show no explanation for the positive result. If an interview
does occur with the Soldier, the MRO will advise the Soldier of their rights from DA Form 3881 (Rights Warning Procedure/Waiver Certificate.
(2) If the MRO verifies legitimate use, they
will notify the ASAP manager, the unit commander and the MSC military personnel officer. No further action is required.
(3) If the MRO confirms the drug use was not legitimate, the MRO will notify the ASAP manager, the unit commander and the military personnel officer. The unit commander will counsel the Soldier
in accordance with paragraph 16
–
8 and process the Soldier for separation through the military personnel office to the separation authority.
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