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AR 600-85 (2 February 2009)
Chapter 7 Identification, Referral, and Evaluation
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7-2. Methods of identification
a. Early ID is a critical aspect of the ASAP intervention process. Identification occurs through a variety of
methods--
(1) Voluntary (self) ID.
(2) Command ID.
(3) Drug testing ID.
(4) Alcohol testing ID.
(5) Medical ID.
(6) Investigation/apprehension.
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7-3. Voluntary (self) identification
a. Voluntary (self) ID is the most desirable method of discovering alcohol or other drug abuse.
... The Soldier's unit commander must become involved
in the evaluation process. ... Normally Soldiers with an
alcohol or other drug problem should seek help from their unit commander; however, they may initially request help
from their installation ASAP, a MTF, a chaplain, or any officer or non commissioned officer in their chain of
command. ... The Limited Use
policy will apply when Soldiers seek help from any of the listed personnel or organizations.
b. In situations where a Soldier reveals to a chaplain that he or she is abusing or has abused alcohol or a drug,
privileged communication could limit a chaplain from notifying a Soldier's unit commander. However, the Soldier may
waive the communication privilege and allow the chaplain to inform the unit commander. This is required for a
Commander to enroll the Soldier in ASAP. If the Soldier does not waive his or her privilege, the chaplain would
inform the Soldier that:
(1) Professional alcohol and drug rehabilitation counseling is available through the ASAP counseling services.
(2) The Chaplain cannot assist the Soldier's entry into the ASAP without going through the member's unit
commander.
c. Identification resulting from a Soldier seeking emergency treatment for an actual or possible alcohol or other drug
overdose, not subsequent to a traffic accident or criminal offense, is considered to be a variation of volunteering. For
reporting purposes, such cases will be classified as self referral.
d. The Limited Use Policy restricts the consequences of the Soldier's involvement in the ASAP (see para 10-12
through 10-14). These provisions are unchanged by the mandatory initiation of separation processing of drug abusers,
and such separation processing must comply with the provisions of limited use and AR 600-8-24 and AR 635-200.
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7-8. Medical identification
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(1) If a Soldier reveals, as part of a routine medical screening with a physician or other health care provider, his
personal abuse of alcohol or other drugs, the health care provider will evaluate further, with possible ASAP referral for
in-depth evaluation and rehabilitation. The revelation of personal abuse, by itself, will not subject the individual to
adverse administrative action. Urinalysis which may follow such disclosure will be covered under the Limited Use
Policy. ...
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7-10. Self referrals
The ASAP counseling staff will conduct an initial interview with all eligible personnel who self-refer to the ASAP
counseling center for assistance. During the initial interview, the counselor will advise the Soldier of the unit
commander's role in the referral, evaluation and rehabilitation process, or other disposition, explain Limited Use Policy
, and provide information about ASAP services. ...
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Evaluation process for military personnel
7-12. Screening/evaluation
a. An in-depth individual biopsychosocial evaluation interview will be conducted with all individuals who are either
referred for evaluation or who voluntarily seek assistance. The ASAP counselor will explain the Limited Use Policy. ...
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d. If a unit commander believes a Soldier does not have potential for future service, the Soldier will be processed
for administrative separation in accordance with AR 600-8-24 or AR 635-200, as appropriate. If rehabilitation services
are indicated, the Soldier will be provided services until separation.
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Administrative and nonjudicial punishment actions for Soldiers
10-4. Administrative and nonjudicial punishment options
Commanders may take the following actions against Soldiers who test positive for illegal drugs or for illicit use of
legal drugs when a MRO determines the Soldier has no legitimate medical purpose for taking the drug:
a. No action
b. Oral or written counseling/reprimand
c. Suspension of access to classified information
d. Suspension of favorable personnel actions (Note: Soldiers who are command referred to the ASAP and enrolled
in the program will be flagged.)
e. Nonjudicial punishment
f. Administrative separation
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10-6. Separation Actions
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 abuse:
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c. When a unit commander, in consultation with the ASAP counseling staff, determines that rehabilitative measures
are not practical and that separation action will be initiated, the following procedures are required:
(1) All Soldiers, to include USAR Soldiers, identified as illegally abusing drugs will be processed for administrative
separation in accordance with appropriate enlisted or officer separation regulations.
(2) Soldiers diagnosed as being drug dependent by a physician will be detoxified and then processed for administrative separation in accordance with appropriate enlisted or officer separation regulations, and be considered for
disciplinary action under the UCMJ. ...
(3) Soldiers who are rehabilitation failures will be processed for administrative separation when:
(a) The member is enrolled in the ASAP.
(b) The unit commander determines that further rehabilitation efforts are not practical (for example, a rehabilitation
failure).
(4) When not precluded by the Limited Use Policy (see para 10-13 of this regulation), offenses of alcohol or other
drug abuse may properly be the basis for discharge proceedings under appropriate enlisted or officer separation
regulations. The evidentiary aspect of the Limited Use Policy is applicable to discharges under appropriate enlisted or
officer separation regulations. Soldiers processed for separation under other provisions of that regulation, who also are
or become subject to separation under this chapter and whose proceedings on other grounds ultimately result in their
retention in the Service, will be considered for separation under this chapter.
(5) When the unit commander determines that a Soldier who has never been enrolled in the ASAP lacks the
potential for further useful service, the Soldier will be evaluated by the ASAP counseling staff in accordance with this
regulation. If found nondependent, the Soldier will be considered for separation under the appropriate provisions of
appropriate enlisted or officer separation regulations.
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10-10. Actions before, during and after deployments and reassignments
a. Deployments.
(1) Legal and administrative actions against a Soldier on deployment orders with a confirmed positive drug test may
be suspended at the discretion of the separation authority until the Soldier's unit redeploys from the theater of combat
operations.
(2) The unit commander in consultation with the ASAP counseling staff will determine the deployment availability
of Soldiers enrolled in the ASAP. The same standards used for other medical treatment will be applied. Ordinarily,
Soldiers:
(a) Enrolled in the ASAP who are receiving Level I services are deployable.
(b) Undergoing inpatient detoxification has a temporary physical profile and is not deployable.
(c) Participating in, or awaiting admittance to, an ASAP partial inpatient care program is deployable.
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Legal actions for Soldiers
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10-13. Definition of the Limited Use Policy
a. Unless waived under the circumstances listed in paragraph 10-13d of this regulation, Limited Use Policy
prohibits the use by the government of protected evidence against a Soldier in actions under the UCMJ or on the issue
of characterization of service in administrative proceedings. Additionally, the policy limits the characterization of
discharge to “Honorable” if protected evidence is used. Protected evidence under this policy is limited to:
(1) Results of command-directed drug or alcohol testing that are inadmissible under the MRE. ...
(2) Results of a drug or alcohol test collected solely as part of a safety mishap investigation undertaken for accident
analysis and the development of countermeasures is further described in paragraph 4-5.
(3) Information concerning drug or alcohol abuse or possession of drugs incidental to personal use, including the
results of a drug or alcohol test, collected as a result of a Soldier's emergency medical care solely for an actual or
possible alcohol or other drug overdose. To qualify for Limited Use protection, Soldiers must inform their unit
commander of the facts and circumstances concerning the actual or possible overdose. The commander must receive
this information as soon after receipt of the emergency treatment as is reasonably possible. If treatment takes place at a
civilian facility, the Soldier must give written consent to the treating civilian physician or facility for release of
information to the Soldier's unit commander concerning the emergency treatment rendered. If the medical treatment
resulted from an apprehension by military or civilian law enforcement authorities, or if the admission for treatment
resulted from other than abuse of alcohol or drugs, such as for injuries resulting from a traffic accident, the limited use
protection will not be available to the Soldier.
(4) A Soldier's self-referral to the ASAP.
(5) Admissions and other information concerning alcohol or other drug abuse or possession of drugs incidental to
personal use occurring prior to the date of initial referral to the ASAP and provided by Soldiers as part of their initial
entry into the ASAP. This includes an enrolled Soldier's admission to a physician or ASAP counselor concerning
alcohol or other drug abuse incidental to personal use occurring prior to the initial date of referral to the ASAP.
(6) Drug or alcohol test results, if the Soldier voluntarily submits to a DOD or Army rehabilitation program before
the Soldier has received an order to submit for a lawful drug or alcohol test. Voluntary submission includes Soldiers
communicating to a member of their chain of command that they desire to be entered into a rehabilitation program.
This limited use protection will not apply to test results, which indicate alcohol or other drug abuse occurring after the
voluntary submission to the rehabilitation program. Examples: The unit commander has ordered a urinalysis on
Monday for all members of the unit (an inspection under MRE 313). Before receiving an order (or having knowledge
of a pending test) to appear for the urinalysis, a Soldier approaches the platoon sergeant, admits having used illegal
drugs over the weekend, and indicates a desire to receive help. Later that day, the Soldier is ordered to and provides a
specimen for the urinalysis, which results in a positive report for cocaine use. Those results are protected by the limited
use policy unless there is some evidence that demonstrates the use reflected by the test occurred after the admission
was made to the platoon sergeant. Later that week, the commander orders another unit inspection for the following
Monday. The inspection is conducted properly under MRE 313, and the Soldier once again has a positive result for
cocaine. These test results, as interpreted by an Army Forensic Toxicology Drug Testing Laboratory (FTDTL) expert,
indicate the Soldier had used cocaine after admitting use to the platoon sergeant. This test result is not protected by the
Limited Use Policy.
(7) The results of a drug or alcohol test administered solely as a required part of a DOD or Army rehabilitation or
treatment program.
b. The Limited Use Policy does not prevent a counselor from revealing, to the commander or appropriate authority
or others having a need to know, knowledge of certain illegal acts which may compromise or have an adverse impact
on mission, national security, or the health and welfare of others. The unit commander will report the information to
the appropriate authority. Likewise, information that the client presently possesses illegal drugs or that the client
committed an offense while under the influence of alcohol or illegal drugs, other than prior illegal possession incident
to the prior use, is not covered under this policy. Limited use is automatic. It is not granted, and it cannot be vacated or
withdrawn. It may be waived in the situations described in paragraph 10-13d of this regulation.
c. An order from competent authority to submit to urinalysis or breath or blood alcohol test is presumed a lawful
order. Soldiers who fail to obey such orders may be the subject of appropriate disciplinary action under the UCMJ.
d. The Limited Use Policy does not preclude the following:
(1) The introduction of evidence for impeachment or rebuttal purposes in any proceeding in which the evidence of
drug abuse (or lack thereof) has first been introduced by the Soldier. ...
(2) The initiation of disciplinary or other action based on independently derived evidence, including evidence of
continued drug abuse after initial entry into the ASAP.
e. If the command is made aware of a Soldier's illegal drug use through the Soldier's self-referral and admissions,
the requirement to initiate separation proceedings pursuant to the appropriate enlisted or officer separation regulation
will not apply. The unit commander may initiate a separation action; however, the information is protected by the
Limited Use Policy.
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Chapter 15
Army Substance Abuse Program in the Army National Guard
General
15-1. Scope The ASAP policies and procedures in this regulation apply to all components of the Army, including the Army
National Guard. However, due to the different laws and conditions that affect National Guardsmen when they are on
state and federal duty, some additional ASAP policies and procedures also apply. This chapter establishes those
specific policies, responsibilities, and procedures for implementing and managing the ASAP in the ARNG.
15-2. Applicability
a. This chapter applies to all ARNG Soldiers, except for personnel in the following duty categories, who are covered
by the provisions in the other chapters of this regulation:
(1) Active duty of 30 days or more that is not for training, including AD in an Active Guard Reserve status under
Title 10 USC.
(2) Special tours of active duty for training (ADT) of 30 days or more.
(3) Initial AD training (IADT).
(4) Involuntary ADT of 45 days or more.
(5) Soldiers ordered to AD status during periods of partial, full, or total mobilization.
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Policies and procedures
15-11. Policy
Illegal drug use is misconduct and the abuse of alcohol or the use of illicit drugs by both military and civilian
personnel is inconsistent with the standards of performance, discipline, and readiness necessary to accomplish the
Army's mission.
a. The ARNG Soldiers identified as illegal drug users will be simultaneously:
(1) Counseled by the unit commander for possible enrollment in a state-certified, community-based alcohol or other
drug counseling and rehabilitation service within 45 days of verified positive drug test.
(2) Processed for administrative separation within 45 days of receipt of the verified positive drug test. Soldiers may
be considered for disciplinary action prior to separation.
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15-14. Referral of alcohol and illegal drug abusers to a state-certified rehabilitation program
Chapter 7 of this regulation applies to the ARNG...
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15-16. Administratively separating drug abusers
Chapter 10 of this regulation applies to the ARNG, except that:
a. Unit commanders will process every ARNG Soldier identified as an illegal drug user for administrative separation. The separation action will be forwarded to the separation authority, which will make a final determination on
separating or retaining the Soldier.
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Chapter 16
Army Substance Abuse Program in the U.S. Army Reserve
General
16-1. Scope
The ASAP policies and procedures in this regulation apply to all components of the Army, including the USAR.
However, due to the different laws and conditions that affect Army Reservists when their are on reserve and AD, some
additional ASAP policies and procedures also apply. This chapter establishes policies, responsibilities, and specific
procedures for implementing and managing the ASAP within the .
16-2. Applicability
a. This chapter applies to USAR Soldiers while not on AD for 31 days or more in the following categories:
(1) Troop program units.
(2) Individual Mobilization Augmentee Program.
(3) Individual Ready Reserve.
(4) Soldiers serving on various tours of ADT, Temporary Tours of AD, and AD for Special Work for less than 31
days. Soldiers performing tours of 31 days or more will comply with provisions listed for Active Army personnel.
b. This chapter does not apply to USAR Soldiers activated under a Presidential Selected Reserve Call-up, partial,
full, or total mobilization. ASAP policies for Active Army Soldiers apply to these Soldiers.
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Policies and procedures
16-8. Policy
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a. The USAR Soldiers identified as drug abusers will be--
(1) Counseled by the unit commander, in person or by certified mail for possible enrollment in the USAR ASAP.
Command counseling sessions will be conducted within 30 calendar days, or by the close of the next drill session, after
the receipt of MRO-verified positive drug test report.
(2) Flagged immediately ... to suspend favorable personnel actions until separation procedures for misconduct are adjudicated.
(3) Processed for administrative separation. Administrative separation will be initiated and processed to the separation authority for decision on any Soldier with a positive drug test that could not have resulted from legitimate medical
use of a drug. Processing will be initiated within 30 calendar days of receipt of a positive drug test or if the case
requires MRO review, within 30 calendar days of receipt of the MRO-verified positive drug test report. In addition,
Soldiers may be considered for disciplinary action under the UCMJ if use on AD can be validated.
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16-11. Referral of alcohol and illegal drug users in the U.S. Army Reserve Army Substance Abuse Program
Chapter 7 of this regulation applies to the USAR...
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b. ... Soldiers will be advised that
they:
(1) Must promptly arrange for an evaluation, which should take place not later than 30 days from date of the
command counseling session.
(2) Sign a consent statement for release of counseling information, which allows the counseling personnel to share
necessary information with the commander or designee. ...
Methadone maintenance and mandatory Disulfiram (Antabuse) treatment will not satisfy the rehabilitation requirements
of this chapter. Soldiers may refuse to sign the consent statement. However, these Soldiers may be deemed not to be
participating sufficiently in rehabilitation. Refusal to sign may result in their being processed for separation for
rehabilitation failure.
(3) Must understand that failure to seek counseling, refusal to sign a consent to release information to the
commander, or to participate and complete rehabilitation successfully, will result in initiation of separation proceedings
under appropriate officer or enlisted separation regulations.
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