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medical purpose may be used to refer a member to a
Department
of Defense
(DOD)
treatment
and
rehabilitation
program, to take appropriate
disciplinary
action, and to establi sh the basi .s for a separa
characterization
in a separation proceeding.
tion and
The results of a command-directed/fitness-for-duty
urinalysis
may not be used against the member for any
disciplinary
purposes,
not
on
the
issue
of
characterization
of service in separation
proceedings,
except when used for impeachment
or rebuttal
in any
proceeding that evidence of drug abuse has been first
introduced
by the member. In addition,
positive results
obtained
from a command-directed
fitness-for-duty
urinalysis
may not be used as a basis for vacation of the
suspension of execution
of punishment
imposed under
Article
15, UCMJ,
or a result
of court-martial.
Such
result may, however, serve as the basis for referral of a
member to a DOD treatment and rehabilitation’program
and as a basis for administrative
separation.
What administrative
or disciplinary
action can be
taken
against
service
members
identified
as drug
abusers
through
service-directed
urinalysis
testing
varies,
depending
upon which
CNO-designated
unit
was tested. The only constant is that all service-directed
testing may be considered as the basis for administrative
separation.
THE
COLLECTION
PROCESS
The weakest link in the urinalysis
program chain is
in the
area of collection
and custody
procedures.
Commands should conduct every urinalysis
with the full
expectation
that administrative
or disciplinary
action
might result. The use of chiefs and officers as observers
and unit
coordinators
is strongly
encouraged.
Strict
adherence
to direct
observation
policy
during
urine
collection
to
prevent
substitution,
dilution,
or
adulteration
is an absolute
necessity.
Mail
samples
immediately
after collection to reduce the possibility
of
tampering.
Make sure all documentation
and labels are
legible and complete. Special attention
should be given
to the ledger and chain of custody to make sure they are
all accurate, complete, and legible. Additional
guidance
is provided
in OPNAVINST
53530.4B.
The information
that has been presented to you in
this chapter
is complex
and difficult.
You must be
knowledgeable,
however, of the importance
of properly
advising
accused’s of their rights, the types of and the
requirements
for conducting a lawful search and seizure,
and drug abuse detection. This chapter has given you a
basic understanding
of these issues.
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