B – 5. What process should be followed if a unit commander suspects a Soldier of alcohol and/or other drug abuse? Response 5: Figure B provides an outline of the process. If a unit commander has some reasonable suspicion (the chain of command has noticed unusual or aberrant behavior by the Soldier, but not sufficient evidence for probable cause to suspect a Soldier of drug or alcohol abuse, and if the unit commander believes the Limited Use Policy applies see paras 10 – 11 through 10 – 13), the unit commander should consult with the supporting legal advisor before discussing the Limited Use Policy with the Soldier. If appropriate, the unit commander may then explain the Limited Use Policy to the Soldier. If a unit commander has probable cause to suspect a Soldier of drug or alcohol abuse (the chain of command has good reason to suspect that drugs are within the Soldier’s body, the commander should consult with the supporting legal advisor and if appropriate advise the Soldier of their rights under UCMJ Article busing DA Form 3881. The commander may then also order the Soldier to submit a probable cause (collection code PO) urine specimen. If the Soldier waives their rights, the commander may then question the Soldier about alcohol or drug abuse. If there is less than probable cause, the commander may still refer the Soldier to BH clinic fora SUD evaluation or the commander may decide that the Soldier should simply be returned to duty.
