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600-85, KSARNG, Substance Abuse Prevention & Control, 2007 Jun 1(2)
| 10 – 6. Separation actions – military personnel Illicit drug use is grounds for disciplinary action under the UCMJ and/or the initiation of administrative separation proceedings. In addition to the rules for administrative separation actions and boards (refer to AR 600 – 8 – 24 and AR 635 – 200), the following rules apply to administrative separation actions and boards for illicit drug use. The following policies will apply to separations initiated under provisions of AR 135 – 175, AR 135 – 178, AR 600 – 8 – 24, and AR 635 – 200. The basis for separation for alcohol abuse and illicit drug use and authority for retention areas follows a. Drug test results from an DoD FTDTL normally can be substantiated by a Laboratory Documentation Package alone. Counsel for the respondent will be allowed adequate opportunity to interview laboratory officials before the board date. Soldiers determined by SUD provider and informed to the commander as a rehabilitation failure, as determined in paragraph 8–4d, will be processed for separation in accordance with separation regulations in addition, Soldiers with a subsequent alcohol or drug-related incident of misconduct at anytime during the month period following successful completion of the enrolled SUD treatment or during the month period following removal from the enrolled SUD treatment, for any reason, will be processed for separation as an alcohol or drug abuse rehabilitation failure. The term "process for separation" means the separation action will be initiated and processed through the chain of command to the separation authority for appropriate action. Except for Soldiers referred to a court-martial authorized to impose a punitive discharge, commanders will process for separation all Soldiers who are (1) Involved in two serious incidents of alcohol-related misconduct within a month period. A serious incident of alcohol-related misconduct is defined as any offense of a civil or military nature that is punishable under the UCMJ by confinement fora term exceeding 1 year. (2) Involved in illegal trafficking, distribution, possession with intent to distribute, or sale of illegal drugs, including those listed in paragraph 4 – 2. (3) Identified as an illegal drug abuser by a verified test positive for unauthorized use of controlled drugs or illegal drug use. Tested positive for illegal drugs a second time during their career. (4) Convicted of DWI or DUI a second time during their career. b. For Regular Army and Active Guard Reserve (AGR) Soldiers who meet separation criteria in paragraph b, above, but for whom commanders support retention, the retention authority will be elevated to the first GO in the chain of command with a judge advocate or legal advisor before going to the General Court Martial convening authority available in accordance with the provisions below. (1) NCOs (corporal and above) processed for separation as provided for in paragraph above, require a retention decision from the first GO in the chain of command. All separation decisions (including retention in the Army) for specialist and below will remain with existing separation authorities. (2) All enlisted Soldiers processed for separation as a result of drug or alcohol misconduct as provided for in paragraphs above, require a retention decision from the first GO in the chain of command. (3) All separation actions on enlisted Soldiers with 18 or more years of qualifying service for retired pay will be submitted to HQDA for final decision in accordance with existing regulatory provisions. c. The retention authority for enlisted Soldiers in the ARNG and the US. Army Reserve (non-AGR), is as follows (1) ARNG Soldiers, as provided in chapter 15, AR 135 Download 3.47 Mb. Share with your friends:
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