NAVPERS 15560D MILPERSMAN Section 1910-138 (10 Nov 2009)

SEPARATION BY REASON OF MISCONDUCT - MINOR DISCIPLINARY INFRACTIONS

2. Policy. Members may be processed for separation based upon a series of at least three, but not more than eight, minor violations (specifications) of reference (a), provided

a. none of the reasons could have resulted in a punitive discharge (reference (b), appendix 12 refers);

b. offenses are documented in the members service record;

c. offenses have occurred during the current enlistment;

d. member was disciplined by one nonjudicial punishment (NJP); and

e. member has violated a NAVPERS 1070/613 (Rev. 07-06), Administrative Remarks counseling/warning (MILPERSMAN 1910-204).

3. Exception to this Policy. If the member is in Entry Level Status (ELS) as defined in MILPERSMAN 1910-010, and the reasons for processing are based solely on minor violations of reference (a) and do not meet eligibility of any other type of misconduct, the processing should then be under Entry Level Performance and Conduct (MILPERSMAN 1910-154).
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5. Characterization of Separation. The least favorable and accepted characterization is General (Under Honorable Conditions) (GEN), although Honorable (HON) may be assigned if appropriate.
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NAVPERS 15560D MILPERSMAN Section 1910-140 (10 Nov 2009)
SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT

2. Policy

a. Members may be separated when during the current enlistment they have

(1) two or more nonjudicial punishments (NJP), court-martials, or civil convictions (or combination thereof);

(2) three or more unauthorized absences, each is more than 3 days, but less than 30 days duration;

(3) a set pattern of failure to pay just debts; or

(4) a set pattern of failure to contribute adequate support to dependents or failure to comply with civil court orders, decrees, or judgments concerning dependent support; and

(5) violated a NAVPERS 1070/613 (Rev. 7-06), Administrative Remarks counseling/warning (MILPERSMAN 1910-204) specifically addressing the non-support.

b. A member must have violated a NAVPERS 1070/613 warning prior to processing. A counseling and warning is legally binding on the Navy. The typical correct sequence is NJP - NAVPERS 1070/613 - NJP. There is no requirement for a commanding officer (CO) to award a NAVPERS 1070/613 following NJP. That decision should be based on the circumstances of the situation. A common error occurs when commands issue a NAVPERS 1070/613 warning following the second NJP. In those instances, the member is essentially being given another opportunity by the CO to correct the deficiency and processing for pattern of misconduct is inappropriate. Another common error is initiating processing for pattern of misconduct without a NAVPERS 1070/613 warning.

c. All offenses processed or considered under Pattern of Misconduct must have occurred in the current enlistment.

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4. Characterization of Separation

a. Further guidance on characterization of service is provided in MILPERSMAN 1910-300. This table provides general information based on type of procedures used.

b. If the member has less than 180 days of service an Entry Level Separation (ELS) may be appropriate. See MILPERSMAN 1910-308 for further guidance.

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NAVPERS 15560D MILPERSMAN Section 1910-142 (10 Nov 2009)

SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE

2. Policy

a. Members may be separated based on commission of a serious military or civilian offense when

(1) specific circumstances of offense warrant separation; and

(2) offense would warrant a punitive discharge per reference (a), appendix 12 for same or closely related offense.

b. Commission of a serious offense does not require adjudication by non-judicial or judicial proceedings; however, offense must be substantiated by a preponderance of evidence (e.g., copy of police record, Naval Criminal Investigative Service (NCIS) investigation, etc.).

3. Mandatory Processing. Processing is mandatory for

a. violent misconduct which resulted in, or had potential to result in, death or serious bodily injury (e.g., homicide, arson, armed robbery, assault with a deadly weapon, etc.).

b. illicit use of inhalants (huffing) and excessive use (beyond what is normal, sufficient, or prescribed) of prescription and/or over-the-counter drugs and medications.

c. deviant sexual behavior (lewd and lascivious acts; forcible heterosexual sodomy; indecent assault, acts, and/or exposure; or any child sexual abuse, possession of child pornography, or incestuous relationships).

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(3) If member is accepted, but later evaluated as a rehabilitation failure, reprocess per MILPERSMAN 1910-162.

d. Sexual harassment under following circumstances:

(1) Threats or attempts to influence another's career or job in exchange for sexual favors;

(2) rewards (including bribes to influence favorably another's career) in exchange for sexual favors; or

(3) unwanted physical contact of a sexual nature which, if charged as a violation of reference (b), could result in a punitive discharge.

4. Procedures. Use this table to determine processing procedures.

5. Characterization of Separation

a. Further guidance on characterization of service is provided in MILPERSMAN 1910-300. This table provides general information based on type of procedures used.

b. If member has less than 180 days of service, an Entry Level Separation (ELS) may be appropriate. See MILPERSMAN 1910-308 for further guidance.

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NAVPERS 15560D MILPERSMAN Section 1910-144 (10 Nov 2009)

SEPARATION BY REASON OF MISCONDUCT - CIVILIAN CONVICTION

2. Policy

a. Members may be separated based on civilian convictions, or actions tantamount to findings of guilt,

(1) adjudication withheld;

(2) deferred prosecution;

(3) entry in adult/juvenile pretrial intervention programs;

(4) any similar disposition of charges which includes imposition of fines, probation, community service, etc.; when offense would warrant a punitive discharge per reference (a), appendix 12 for same or closely related offense; specific circumstances of offense warrant separation; or civil sentence includes confinement for 6 or more months without regard to suspension, probation, or early release.

b. All civilian convictions (federal, state, and local) including any actions tantamount to findings of guilt are binding on issue of whether misconduct has occurred and administrative discharge board is required to find that misconduct did occur.

c. Foreign court convictions are not binding on administrative boards, and do not preclude processing due to misconduct (serious offense and/or civil conviction).

NOTE: Members confined in foreign jails may be processed for separation, but may not be discharged or separated from service until completion of imprisonment and return to the United States. In unusual cases (i.e., life sentence without possibility of parole) separations may be authorized by Secretary of the Navy (SECNAV) per reference (b).

3. Mandatory Processing. Processing is mandatory for

a. violent misconduct which results in, or had potential to result in, death or serious bodily injury (e.g., homicide, arson, armed robbery, assault with a deadly weapon, etc.); or

b. deviant sexual behavior (lewd and lascivious acts; forcible heterosexual sodomy; indecent assault, acts, and/or exposure; or any child sexual abuse, possession of child pornography, or incestuous relationships).

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(3) If member is accepted, but later evaluated as a rehabilitation failure, reprocess per MILPERSMAN 1910-162.

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5. Characterization of Separation.

a. Further guidance on characterization of service is provided in MILPERSMAN 1910-300. This table provides general information based on type of procedures used.

b. If member has less than 180 days of service, an Entry Level Separation (ELS) may be appropriate. See MILPERSMAN 1910-308 for further guidance.

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NAVPERS 15560D MILPERSMAN Section 1910-146 (10 Nov 2009)

SEPARATION BY REASON OF MISCONDUCT - DRUG ABUSE

2. Policy

a. Processing is mandatory for the following:

(1) Positive urinalysis that was tested and confirmed positive at a Navy Drug Screening Lab (NAVDRUGLAB) or other Department of Defense (DoD) approved lab. If the commanding officer (CO) determines the urinalysis result was caused by administrative errors (e.g., faulty local chain of custody, evidence of tampering) or the drug use was not wrongful (e.g., prescribed medication, unknowing ingestion), then the member shall not be identified as a drug abuser and the positive urinalysis is not a drug abuse incident. ...

(2) Admission of drug use.

(3) One or more military drug-related offense(s).

(4) Nolo contendere, no contest plea in civil courts.

(5) Civil conviction for a drug related offense(s).

(6) Actions tantamount to findings of guilt in civil courts:

(a) Deferred prosecution.

(b) Entry in pretrial intervention program.

b. Drug related offenses include the following:

(1) Drug Abuse - illegal or wrongful use, possession of controlled substances or attempts to commit drug offenses.

(2) Drug Paraphernalia - all equipment, products, and materials that are used, intended for use, or designed for use in injecting, inhaling, or otherwise introducing controlled substances into the human body in violation of law.

(3) Drug Trafficking - the sale, transfer, or possession with the intent to sell or transfer controlled substances.

3. Procedures

a. Notification procedures are used for the following situations:

(1) Member self refers to a qualified self referral representative with the intent of acquiring treatment and is found to be drug-dependent by proper medical authority.

(2) Processing is based on fitness for duty or certain service-directed urinalysis, ...

(3) Voluntarily discloses evidence of prior personal drug abuse during course of treatment/rehabilitation.

(4) Naval Reservists testing positive on accession test into the Reserve program.

(5) Prior service applicants for Selected Reserve (SELRES) enlistments/reenlistments whose break in service from a SELRES or Regular component is more than 6 months.

b. Other than the above exceptions, drug abuse must be processed using administrative board procedures (MILPERSMAN 1910-404) with Under Other Than Honorable (OTH) being the least favorable characterization of service considered. This applies to both Regular and Reserve personnel. (Example: Drilling reservists who test positive on urinalysis may be processed for OTH regardless of when the drugs were ingested.)

To view or download the complete regulation, click on the the link to it in the box above these comments.






































“IEAD” is Initial Entry on Active Duty.


“CNO” is the Chief of Naval Operations; “CMC” is the Commandant Marine Corps.

SECNAVINST 5300.28D (05 Dec 2005)

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d. Military members determined to be using drugs, in violation of applicable provisions of the UCMJ, Federal, State or local statutes, or who unlawfully engage in the trafficking of drugs or drug abuse paraphernalia, or who are diagnosed as drug dependent, shall be disciplined as appropriate and processed for administrative separation. Additionally, military members who incur a subsequent alcohol incident after entering a prescribed treatment program (successful completion notwithstanding) precipitated by a prior alcohol incident, shall be disciplined as appropriate, and processed for administrative separation. Members who are found to be physically dependent on alcohol and/or drug(s) shall, prior to separation, be afforded treatment by an appropriate facility based on a medical officer's or Department of Defense (DOD) authorized licensed practitioner's opinion. Members who have received treatment for alcohol and/or drug dependency and are in a prescribed command-approved aftercare status may not be eligible for another treatment period prior to separation.

e. Military personnel who abuse alcohol but are determined to have a high probability of successful treatment shall be disciplined as appropriate. They shall be provided counseling and/or treatment in order to be restored to full duty under enclosure (2). ...

PRE-SERVICE AND IN-SERVICE MILITARY DRUG AND ALCOHOL ABUSE

1. Policy. It is Department of the Navy policy that no person who is alcohol and/or drug dependent, who currently abuses alcohol and/or drugs, whose pre-service abuse of alcohol and/or drugs indicates a proclivity to continue abuse in the service, or who has a record of any drug trafficking offenses, be permitted to enter or be retained in the Naval Service.

a. Some people have clear potential to adhere to a substance abuse-free military service despite past substance use. Preservice use/abuse, as long as the substance use/abuse is completely discontinued upon entry into the Naval Service, is not necessarily disqualifying. Therefore, persons who have abused alcohol or drugs prior to application for military service, but who are not substance dependent, may be considered for entrance on a case-by-case basis. However, the overall record must show the applicant is qualified in all other ways and displays the potential to meet acceptable standards of performance and conduct.

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b. Enlisted Separation Policy

(1) Enlisted personnel who refuse to consent to testing or evaluation during IEAD or whose drug test is confirmed positive for cocaine shall be discharged.

(2) Enlisted personnel whose drug test is confirmed positive for cannabinoids alone shall be discharged unless a waiver is granted under criteria established by the CNO and CMC following an individual assessment of the particular case.

(3) Enlisted personnel whose alcohol test indicates a 0.05 percent blood alcohol level or greater and who are determined not alcohol dependent shall be discharged unless a waiver is granted under criteria established by the CNO and CMC following an individual assessment of the particular case.

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4. Post Enlistment Disclosure of Pre-service Alcohol and/or Drug Abuse. Military personnel who as applicants disclaim pre-service alcohol and/or drug abuse and subsequently admit to pre-service use which could have disqualified them from entry into the service specified above at time of entry, and who have demonstrated a potential for further useful service, will be evaluated on a case by case basis at the time of such admission. Those who would have met the acceptance criteria for future useful abuse-free service may be retained under criteria established by the CNO and CMC. All others should be processed for separation.

5. Pre-service Drug-Related Offenses. For purposes of this enclosure, the phrase “convicted of a drug offense” will not include civil arrests or judicial action involving drug use when the charges were dropped or the individual was adjudged not guilty, unless such judgment or dismissal was the result of an agreement or deferral of prosecution conditioned on entry into the Naval Service. Persons with substance abuse-related convictions identified by the recruiter's local police check and on their entrance national agency check should normally be considered ineligible for Naval Service.

6. Pre-service Alcohol-Related Offenses. Individuals who have been convicted of an alcohol-related offense may also be considered within the guidelines for acceptance provided for in paragraph 2a. However, persons with multiple alcohol-related civil convictions (DWIs, etc.), should normally be considered ineligible for Naval Service.

7. In-Service Drug-Related Offenses

a. Drug trafficking incidents mandate disciplinary action, as appropriate, and processing for separation under references (i) and (j) due to their detrimental effect on military readiness, reliable mission accomplishment and the health and welfare of naval personnel.

b. Drug use by members of the Naval Service is inconsistent with the high standards expected of all personnel. Members will be disciplined, as appropriate, and processed for separation in accordance with references (i) and (j).

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DETECTION AND DETERRENCE OF MILITARY DRUG AND ALCOHOL ABUSE

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6. Voluntary Self-Referral for Rehabilitation for Drug Abuse

All Navy and Marine Corps active duty and reserve personnel who self-refer for drug abuse to qualified representatives shall be screened for drug dependency at a medical facility. Those who are officially confirmed as valid self-referrals shall be exempt from any disciplinary action, processed for administrative separation, and offered treatment as outlined in reference (a). Those personnel who are subsequently screened as “not drug dependent” will be ineligible for exemption from disciplinary action.

To view or download the complete regulation, click on the the link to it in the box above these comments.






























































“DAPA” is the Drug and Alcohol Program Advisor.
“CO” is the Commanding Officer; “OIC” is the Officer in Charge.
“LIP” is a Licensed Independent Practitioner.





























“MTF” is Medical Treatment Faciltiy; “ATF” is Alcohol Treatment Facility.




“MO” is Medical Officer.

OPNAVINST 5350.4C (08 Dec 2005)

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c. Navy's Policy on drug abuse is zero tolerance. Navy members determined to be using drugs, in violation of applicable provisions of the Uniform Code of Military Justice (UCMJ), Federal, State or local statutes, shall be disciplined as appropriate and processed for administrative separation as required. Members diagnosed as drug dependent shall be offered treatment prior to separation. As an exception, members who have received treatment for drug dependency and are in a prescribed command-approved aftercare status are not eligible for another treatment period prior to separation.

d. Navy's policy on alcohol is responsible use. ... Alcohol shall not be consumed to the extent that it:

(1) Impairs the rational and full exercise of a member's mental and physical faculties while on duty or in the performance of military duties.

(2) Reduces the member's dependability and reliability.

(3) Reflects discredit upon the member personally or upon the Navy.

(4) Violation of the prohibitions set forth in this instruction subjects military members to disciplinary action under the UCMJ. The full range of administrative and disciplinary actions is available to address violations. These include informal counseling, comments in fitness reports and evaluations, administrative separation, and punitive measures under the UCMJ.

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e. It is the Navy's goal to be free from the effects of drug and alcohol abuse. ...

(1) Commands will discipline as appropriate and process for administrative separation those members whose alcohol-related misconduct is severe (see serious offense definition) , who are reueat offenders, or who do not respond favorably to treatment.

(2) Members who incur an alcohol incident, any time in their careers, after having received treatment that resulted from a previous alcohol incident, will be processed for administrative separation, unless a written waiver is obtained from the Commander, Navy Personnel Command (COMNAVPERSCOM). For purposes of this provision, treatment shall include Medical/Alcohol Treatment Facility early intervention services (e.g., Alcohol Impact or equivalent).

(3) Additionally, members who incur an alcohol incident at any time during the screening and treatment process that resulted from a previous alcohol incident, even though treatment may not have been completed, will be processed for administrative separation unless a waiver is obtained from COMNAVPERSCOM.

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SCREENING AND TREATMENT

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2. Referral For Screening (no incident)

a. It is incumbent upon all members of the Naval Service to detect and address alcohol misuse at the earliest possible stage of development. The preferred method of addressing potential or suspected abuse is through procedures called “command-referral” and “self-referral”. Command- and self-referrals are means of early intervention in the progression of alcohol abuse by which members can obtain help before a problem becomes more advanced and more difficult to resolve without risk of disciplinary action.

b. A self-referral is personally initiated by members. Members who desire counseling or treatment for alcohol problems may initiate the process by disclosing the nature and extent of their problem to one of the following personnel who is actively employed in their capacity as a qualified self-referral representative:

(1) DAPA.

(2) CO, OIC, Executive Officer, or Command Master Chief.

(3) Navy Drug and Alcohol Counselor (or intern).

(4) DOD medical personnel (including LIP).

(5) Chaplain (privileged information may exist).

(6) Family Service Center Counselor.

c. To qualify as a self-referral, the disclosure of alcohol abuse must be made to a qualified referral representative with the intent of acquiring treatment, and there can be no credible evidence of the members involvement in an alcohol-related incident. Disclosure made to any other person who is not a qualified self-referral representative may not shield members from disciplinary action. By way of exception, this safe haven for self-referral shall extend to members who admit to having purchased, possessed, or consumed alcohol in violation of the minimum age requirement to purchase, possess, or consume alcohol set by the military installation, State, county, or local jurisdiction in which the members are located.

d. A command-referral is initiated by the members chain of command and may be based on any credible factor such as hearsay, personal observation, or noticeable change in job performance.

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7. Treatment Failures. The Navy is committed to providing quality care for all members in need of alcohol abuse/dependency treatment. per reference (e), however, commands shall process for administrative separation all members considered to be treatment failures unless a written waiver is obtained from COMNAVPERSCOM . Refer to reference (i) for enlisted members and reference (j) for officers.

a. The following are examples of treatment failures:

(1) Any member who incurs a serious alcohol incident any time in his/her career after a Deriod of treatment that was precipitated bv a prior incident. (For purposes of this provision, treatment shall include MTF/ATF directed early intervention services provided within the Continuum of Care (e.g., Alcohol Impact or equivalent).

(2) Any member who has incurred an alcohol incident or has self-referred, and has been screened by medical and found to be in need of treatment, and who commences but subsequently fails to complete treatment or incurs a second alcohol incident. (Conduct which amounts to a refusal, failure to complete, or nonamendability must be determined by the MO/LIP. Conduct which amounts to a second incident shall be determined by the member's CO.)

(3) Any member who fails to participate in, fails to follow, or fails to successfully complete the medically prescribed and command-approved aftercare plan. (This determination must be made by the members CO in consultation with the DAPA and the MTF/ATF.)

(4) Any member who returns to alcohol abuse at any time during his or her career following treatment, and is determined to be a treatment failure by an appropriate LIP or MO.

b. A member who incurs a relapse (return to drinking) without incident, after which helshe self-refers, is not necessarily considered a treatment failure, and shall be referred to an MTF/ATF for appropriate determination.

c. Any member who self-refers and is diagnosed to be in need of treatment by an MTF/ATF, and subsequently refuses treatment, may be subject to disciplinary and/or adverse administrative action. If in the judgment of the members CO, the purported self-referral is determined to be a fraudulent attempt to avoid assignment to unwanted duty or transfer, or to take unjust advantage of acquired education or other incentive, the CO should administer appropriate disciplinary action and may return the member to duty or process member for administrative separation.

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12. Limitations on Use of Information. Disclosures made by a member to substance abuse screening, counseling, treatment or rehabilitation personnel relating to the members past substance use/abuse, or possession incident to such use, including disclosures made at Alcoholics Anonymous meetings, Narcotics Anonymous meetings or when attending Navy/Marine Corps preventive education or intervention classes, may not be used against the member in any disciplinary action under the UCMJ or as the basis for characterizing a discharge, provided that the information is disclosed by the member for the express purpose of seeking or obtaining treatment or rehabilitation.

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Disposition of Naval Reservists

1. Reservists serving on extended active duty orders (30 or more consecutive days) are subject to the same policies and procedures prescribed for regular Navy active duty members.

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4. Failure to comply with an ordered treatment plan or treatment failure, shall normally reflect negatively on the members potential for continued useful service and shall lead to processing for administrative separation.

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6. Special Guidelines for Disciplinary /Administrative Action (Reservists Not on Extended Active Duty)

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c. A reservist in an inactive duty status involved in a confirmed drug abuse incident, including conviction in civilian court, is subject to administrative action and/or processing for separation, as appropriate, even though disciplinary action may not be possible. Inactive-duty reservists, both officer and enlisted, may be processed for Other Than Honorable discharge for drug abuse established through urinalysis conducted on inactive duty training.

d. A positive urinalysis test for marijuana during the first 29 days of a Naval Reserve members continuous active duty may not, by itself, constitute evidence to support disciplinary action. ...

e. Refusal to participate in an ordered treatment program constitutes grounds for administrative separation processing.

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DRUG PROGRAM

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1. Overview

a. The Navy has zero tolerance for drug abuse. ...

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c. Navy members who abuse drugs, including those who selfrefer, will be screened, disciplined as appropriate, and processed for administrative separation. Members diagnosed as drug dependent will be offered treatment prior to separation.

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10. Voluntary Self-Referral Policy. All Navy personnel who self-refer for drug abuse to a qualified self-referral representative and conform to all requirements for self-referral, as listed in enclosure (1) of this instruction, shall be screened for drug dependency at an appropriate medical facility, and an official determination of dependency shall be made by either a MO or LIP.

a. Personnel who screen as drug dependent shall be considered valid self-referrals and shall be exempt from any disciplinary action. Valid self-referrals, however, shall be processed for administrative separation, and offered rehabilitation treatment prior to separation.

b. Personnel who screen as “not drug dependent” are not valid self-referrals and will not be exempt from disciplinary action. In such cases, COs will take the following action:

(1) If member is not drug dependent, but has used drugs, commands shall initiate disciplinary action as appropriate and process for administrative separation.

(2) If member is not drug dependent and has not used drugs (e.g., members admission is furtive attempt to avoid sea duty or transfer, or take advantage of acquired education): Commands shall initiate disciplinary action as appropriate, and return to duty or process for administrative separation.

c. Any member who has been notified of the requirement to submit, or actually has submitted, a urine sample for analysis under any testing premise is ineligible to participate in the self-referral program until the results of his/her current urinalysis has been received by the command and any potential disciplinary or administrative actions have been initiated.

d. Notwithstanding a members valid self-referral, appropriate disciplinary or administrative action, including separation under other than honorable conditions, may be taken against the member for drug abuse occurring either before or after self-referral, if detection of such abuse is based upon independent evidence.

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14. Post-Enlistment Disclosure of Pre-service Drug Abuse. Commands will, on a case-by-case basis, evaluate personnel who admit to pre-service drug abuse after denying such abuse at the time of entry. COs may discipline those members, if appropriate, and/or process for administrative separation by reason of fraudulent enlistment. Personnel who otherwise would have met acceptance criteria at induction may be retained with the approval of the officer exercising General Court-Martial (GCM) authority. In such cases, forward copies of all related correspondence to COMNAVPERSCOM (PERS-8).