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SECNAVINST 5300.28D 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
SECNAVINST 5300 28Dand or rehabilitation programs is subject to Federal laws suchas the Privacy Act 5 U S C 552a Freedom of Information Act5 U S C 552 as well as the implementing instructions anddirectives Alcohol and drug abuse by members of the ArmedForces is incompatible with the maintenance of high standards ofperformance military discipline readiness and reliablemission accomplishment Therefore it is the goal of the DONto be free from the effects of alcohol and drug abuse theillegal possession of and or the trafficking of drugs by DONmilitary personnel and the wrongful possession usedistribution or promotion of drugs or drug abuse paraphernaliaTo achieve these goals it is the DON policy thata Persons who have any record of drug traffickingoffenses or whose patterns of drug involvement indicate dependencyshall not be inducted in the Navy or Marine Corps except as providedin enclosure 1b Navy and Marine Corps members shall never unlawfullypossess distribute or abuse drugs or drug abuse paraphernaliaor be under the unauthorized influence of prescribed drugsMembers shall report all prescription medications received fromnon military medical treatment facilities to their chain ofcommand and ensure they are entered into their military healthc Navy and Marine Corps resale outlets are prohibitedfrom possessing selling or advertising drug abuseparaphernalia The prohibition applies to military exchangesopen messes commissaries and to private organizations andconcessions located on DON installationsd Military members determined to be using drugs inviolation of applicable provisions of the UCMJ Federal State orlocal statutes or who unlawfully engage in the trafficking of drugsor drug abuse paraphernalia or who are diagnosed as drug dependentshall be disciplined as appropriate and processed foradministrative separation Additionally military members whoincur a subsequent alcohol incident after entering a prescribedtreatment program successful completion notwithstandingprecipitated by a prior alcohol incident shall be disciplined asappropriate and processed for administrative separationMembers who are found to be physically dependent on alcoholand or drug s shall prior to separation be afforded treatment byan appropriate facility based on a medical officer s or Departmentof Defense DOD authorized licensed practitioner s opinion Memberswho have received treatment for alcohol and or drug dependency andSECNAVINST 5300 28Dare in a prescribed command approved aftercare status may not beeligible for another treatment period prior to separatione Military personnel who abuse alcohol but are determined tohave a high probability of successful treatment shall be disciplinedas appropriate They shall be provided counseling and or treatmentin order to be restored to full duty under enclosure 2f Family members of alcohol or drug dependent militarymembers should be counseled and encouraged to participate on avoluntary basis in the member s rehabilitation program If afamily member is also alcohol or drug dependent he she shallbe encouraged to voluntarily enter treatment Eligiblebeneficiaries shall be referred for evaluation and treatment to thenearest TRICARE program Refer to reference ag Commands shall conduct proactive preventive educationand counseling programs to help prevent alcohol and drug abuseh Driving While Intoxicated DWI or Driving Under theInfluence DUI is in violation of the UCMJ and shall be handled inaccordance with the provisions of enclosure 3 as required byreference b5 Prohibitions Governing the Conduct of DON Military PersonnelFor purposes of this paragraph the definitions of controlledsubstances drug abuse paraphernalia controlled substanceanalogues designer drugs and deceptive devices methods inenclosure 4 of this instruction applya Controlled substance Abuse Possession ManufactureDistribution Importation Exportation and IntroductionArticle 112a of the UCMJ prohibits all persons subject to the UCMJfrom wrongfully using possessing manufacturing distributingimporting into the united States or introducing into aninstallation vessel vehicle or aircraft used by or under thecontrol of the Armed Forces a substance described in subparagraphs1 and 2 below1 Cannabinoids cocaine amphetamine methamphetaminemorphine codeine heroin phencyclidine barbituric acidlysergic acid diethylamide LSD anabolic steroids and anycompound derivative or isomer of any such substance2 Any substances not specified in subparagraph 1 whichare listed on a Controlled Substances Act CSA schedule of controlledsubstances prescribed by the President under clause 2 of ArticleSECNAVINST 5300 28D112a UCMJ or which are listed in Schedules I through V of section 202of the Controlled Substances Act reference cb Drug Abuse Paraphernalia Except for authorizedmedicinal purposes the use possession or distribution of drugabuse paraphernalia by persons in the DON is prohibited Aviolation of this prohibition by such personnel may result inpunitive action under the UCMJ or adverse administrative action orc Other Substance Abuse The unlawful use by persons inthe DON of controlled substance analogues designer drugs naturalsubstances e g fungi excretions chemicals e gchemicals wrongfully used as inhalants propellants and or aprescribed or over the counter drug or pharmaceutical compoundwith the intent to induce intoxication excitement or stupefactionof the central nervous system is prohibited and will subject theviolator to punitive action under the UCMJ or adverse administrativeaction or bothd Deceptive Devices Methods Any intentional acts to avoidproviding a urine sample when lawfully directed to dilute aurine sample to reduce the quantitative value of that samplewhen confirmed by mass spectroscopy and gas chromatography tosubstitute any substance for one s own urine or to chemicallyalter adulterate or modify one s own urine to avoid detectionof any controlled substance or to assist another in attemptingto do the same is prohibited A violation of this prohibitionby such personnel may result in punitive action under the UCMJor adverse administrative action or both Personnel violatingthis prohibition may be subject to punitive action under theUCMJ or adverse administrative action or both6 Responsibility The Assistant Secretary of the NavyManpower and Reserve Affairs ASN M RA is responsible foroverall policy and execution of the alcohol and drug abuseprevention and control programs The Chief of NavalOperations CNO and the Commandant Marine Corps CMC areresponsible for the establishment and conduct of alcohol anddrug abuse control programs consistent with this policyguidance giving specific attention to the functional areas ofdetection and deterrence treatment and rehabilitationpreventive education and intervention training enforcement anddiscipline including support of Chief of Naval Researchprograms as mutually agreedSECNAVINST 5300 28Da These programs shall be designed to support functionalareas of personnel management recruiting retention andadministrative separationb The CNO and CMC shall each establish offices in theirrespective headquarters to enhance integration of the totalsubstance abuse prevention and control program These officesshall monitor and coordinate all aspects of preventiondetection testing deterrence enforcement educationtraining treatment and rehabilitationc The CNO shall establish and operate drug testinglaboratories and contract as necessary for testing services tobe fully responsive to the military urinalysis testing requirementsof the Navy and Marine Corpsd The CNO and CMC shall ensure that procedures relatedto collection transmission testing storing and documentationin the urinalysis testing program are conducted under a standardprocedure conforming to the requirements of reference ge The DON shall establish and operate alcohol and drugabuse treatment programs Additionally the CNO and CMC willprovide coordination of these services to accomplish astandardized treatment regimen in accordance with referencesf Treatment and rehabilitation programs and standards ofpractice for eligible family members with substance abusedisorders shall be consistent to the extent permitted by lawand within the limitations of this instruction with those formilitary personnel and with accepted practices in the substanceabuse areag The CNO and CMC shall provide alcohol and drug abuseprogram managers from each respective service to represent DON onmilitary and governmental committees and task groups as may berequested by the Office of the Secretary of Defense Thoserepresentatives may not make policy commitments on behalf of theDON but shall keep ASN M RA continuously apprised of actionsconsidered by such groups which would modify or impact upon theeffectiveness of DON policies and programs under this instructionh The CNO and CMC shall ensure that appropriate measuresare taken toSECNAVINST 5300 28D1 Prevent trafficking of controlled substances and drugabuse paraphernalia on military ships aircraft and installations2 Minimize the effect on military personnel of illegalpossession and use of controlled substances by civilian3 Provide for off station enforcement e gestablishment of off limits areas in compliance withreferences b and h when the availability of controlledsubstances and drug abuse paraphernalia in the civiliancommunity reveals a threat to the discipline health welfareor morale of service members4 Provide guidance and assistance to commanding officersand activity heads to ensure effective execution of alcohol anddrug abuse control policies and programs5 Provide training to military and civilian supervisorsand counselors in accordance with reference e6 Continue to improve programs for prevention andcontrol of alcohol abuse including personal accountability forall substantiated incidents of impaired driving on or offbase following the guidelines of this instructioni The CNO and CMC shall assure maximum cooperation throughjoint participation in a policy committee sponsored by the CNOThe committee shall ensure that Navy and Marine Corps programsdemonstrate uniformity and economy of purpose As part of thiscooperation rehabilitation treatment services will beprovided for the Marine Corps The CMC will provide counselorsand administrative assistance to naval treatment centers in equalproportion to Marine Corps personnel undergoing treatmentj The CNO and CMC shall establish procedures foridentifying pre service drug users at the point of initialapplication and in recruit and major initial specialty trainingprograms in accordance with in enclosure 1k The CNO and CMC may request exceptions to thesepolicies for medical educational operational or personnelmanagement purposes when deemed essential and propose changes whenneeded to meet basic policy objectives providing supportingjustification1 The CNO and CMC shall maintain such records to be ableSECNAVINST 5300 280to supply data similar to that provided in reference d as requiredto the Office of the Secretary of Defense with copies to ASN M RA7 Reports The reporting requirements contained in thisinstruction are exempt from reports control per SECNAVINSTWill am A NavasAssistant Secretar of the NavyManpower and Reserve AffairsDistributionElectronic only via Navy Directives Web sitehttp neds daps dla milSECNAVINST 5300 28DPRE SERVICE AND IN SERVICE MILITARY DRUG AND ALCOHOL ABUSE1 Policy It is Department of the Navy policy that no person whois alcohol and or drug dependent who currently abusesalcohol and or drugs whose pre service abuse of alcohol and or drugsindicates a proclivity to continue abuse in the service or who hasa record of any drug trafficking offenses be permitted to enter orbe retained in the Naval Servicea Some people have clear potential to adhere to a substanceabuse free military service despite past substance use Preservice use abuse as long as the substance use abuse iscompletely discontinued upon entry into the Naval Service is notnecessarily disqualifying Therefore persons who have abusedalcohol or drugs prior to application for military service but whoare not substance dependent may be considered for entrance on acase by case basis However the overall record must show theapplicant is qualified in all other ways and displays thepotential to meet acceptable standards of performance and2 Guidelines for Acceptance The CNO and CMC shall establishrecruiting procedures that will screen out individuals whose pastdrug and or alcohol abuse was of such a kind intensity frequencyor duration as to render them unsuitable for military serviceGuidelines for acceptance into the Naval Service are as followsa Except as provided for in paragraph 2b applicants arenot eligible for enlistment appointment or commissioning if they1 Ever been convicted of or the subject of actiontantamount to conviction of a drug abuse offensei2 Ever been psychologically or physically dependentupon any chemical drug or alcohol3 Ever been a trafficker of drugsb Acceptance may be authorized for applicants incategories a l and a 2 on a case by case basis when the preservice abuse or dependency was resolved in such a way that thereis little likelihood that such behavior will recur CNO and CMCshall establish procedures for acceptance to pre service drug usersand alcohol abusers considered to be good risk applicantsEnclosure iSECNAVINST 5300 28Dc Applicants for service as a commissioned officer andfor Submarine Nuclear Power and Personnel Reliability ProgramsMedical and Dental rating and other programs requiring anexceptional degree of reliability dependability or trust andconfidence as designated by the CNO or CMC may be considered foracceptance under additional special entry criteria established bythe CNO and CMC for each program to assure a very low risk of drugrelated incidents in such programs3 New Entrant Drug Use and Alcohol Testing and DependencyEvaluation Per references d and f unless otherwisedirected by the Secretary all new entrants shall be tested for drugand alcohol use and evaluated for dependency within 72 hours afterthe member s initial entry on active duty IEAD followingenlistment or appointment For reserve component members notentering active duty the tests shall be administered no later than72 hours after the beginning of the first scheduled annualtraining or initial active duty traininga Testing Policy1 All persons covered by this accession program shallbe tested for the use of cannabinoids THC cocaine andalcohol The CNO and CMC may direct testing for additionalsubstances as necessary whenever circumstances warrantexpanding the testing program to ensure that individuals usingchemicals or drugs are identified at the entry point2 All persons covered by this program shall bemedically evaluated for dependency using appropriatemedical psychiatric criteriab Enlisted Separation Policy1 Enlisted personnel who refuse to consent to testing orevaluation during IEAD or whose drug test is confirmed positive forcocaine shall be discharged2 Enlisted personnel whose drug test is confirmed positivefor cannabinoids alone shall be discharged unless a waiver isgranted under criteria established by the CNO and CMC following anindividual assessment of the particular case3 Enlisted personnel whose alcohol test indicates a 0 05percent blood alcohol level or greater and who are determined notalcohol dependent shall be discharged unless a waiver is granted2 Enclosure 1SECNAVINST 5300 28Dunder criteria established by the CNO and CMC following anindividual assessment of the particular casec Officer Separation Policy1 Applications for appointment as midshipmen shall bedisapproved if the applicant refuses to consent to drug testing oralcohol testing or if the drug test is confirmed positive for THC orcocaine or through medical evaluation the applicant is determinedto be dependent on chemicals and or drugs and or alcohol2 Appropriate disenrollment action shall be takenagainst a Naval Reserve Officer Training Corps NROTC member andno offer of appointment will be made to such an individual uponrefusal to consent to drug or alcohol testing or if the resultsindicate a positive drug test for THC or cocaine or a medicaldiagnosis of alcohol chemical or drug dependency is determined Adrug test indicating a drug presence or refusal to consent todrug testing or evaluation may be treated as evidence of misconducton the part of the NROTC member for the purpose of recoupment orordering to active duty in an enlisted status Only those NROTCmidshipmen with a confirmed drug test positive for THC alone andwho receive a waiver from the Secretary may be ordered to activeduty except during periods of conscription3 Officers who are drug tested after appointment underthis policy and are found to use THC or cocaine or refuse to consentto substance testing or evaluation shall be given anuncharacterized discharge unless the separating authority determinesthat a characterized discharge is more appropriate based uponother misconduct4 Applicants for appointment as midshipmen and officerswho are tested after appointment and who are found to have a 0 05percent blood alcohol level and who are not alcohol dependent shallbe denied the appointment established by the CNO and CMC followingan individual assessment of the particular case4 Post Enlistment Disclosure of Pre service Alcohol and or DrugAbuse Military personnel who as applicants disclaim pre servicealcohol and or drug abuse and subsequently admit to pre serviceuse which could have disqualified them from entry into theservice specified above at time of entry and who have demonstrateda potential for further useful service will be evaluated on a caseby case basis at the time of such admission Those who would have metthe acceptance criteria for future useful abuse free service may be3 Enclosure 1SECNAVINST 5300 28Dretained under criteria established by the CNO and CMC Allothers should be processed for separation5 Pre service Drug Related Offenses For purposes of thisenclosure the phrase convicted of a drug offense will not includecivil arrests or judicial action involving drug use when the chargeswere dropped or the individual was adjudged not guilty unless suchjudgment or dismissal was the result of an agreement or deferral ofprosecution conditioned on entry into the Naval Service Personswith substance abuse related convictions identified by therecruiter s local police check and on their entrance national agencycheck should normally be considered ineligible for Naval Service6 Pre service Alcohol Related Offenses Individuals who havebeen convicted of an alcohol related offense may also be conslderedwithin the guidelines for acceptance provided for in paragraph 2aHowever persons with multiple alcohol related civil convictionsDWIs etc should normally be considered ineligible for Naval7 In Service Drug Related Offensesa Drug trafficking incidents mandate disciplinary actionas appropriate and processing for separation under references id j due to their detrimental effect on military readinessreliable mission accomplishment and the health and welfare of navalb Drug use by members of the Naval Service isinconsistent with the high standards expected of allpersonnel Members will be disciplined as appropriate andprocessed for separation in accordance with references i and4 Enclosure 1SECNAVINST 5300 28DDETECTION AND DETERRENCE OF MILITARY DRUG AND ALCOHOL ABUSE1 Policy Effective detection and deterrence programs areessential to prevent and eliminate alcohol and or drug abuse inthe Naval Service To be effective detection and deterrenceprograms must be supported by a rehabilitation program for thosewho want help without risk of disciplinary action It is DONpolicy to impose a zero tolerance for drug abuse and todiscipline as appropriate for alcohol abuse Alcohol abusers whoare determined to have a potential for future useful serviceshall be provided counseling and or treatment and restored tofull duty whenever feasiblea Alcohol Abuse and Alcoholism Alcohol abuse and thedisease of alcoholism are treatable Prevention of alcoholabuse is the responsibility of the individual Enlightenedattitudes and techniques by command supervisory and health servicepersonnel can help individuals recognize and accept theirpersonal responsibility for its prevention Less seriouslyafflicted individuals are also responsible for obtainingtreatment However the denial by the alcohol dependent memberof his or her alcoholism is a common symptom of the illness and theactively drinking alcohol dependent member is least qualified todiagnose his or her illness and prescribe proper treatment Alcoholabuse shall be identified as early as possible The DON will treatand provide the required rehabilitation for those membersshowing potential for further useful service whether or not theyfirst seek treatment and effect separation for those members whocannot perform duties free from alcohol abuse afterrehabilitationb Drug Use and Drug Dependence Effective detection anddeterrence urinalysis testing and voluntary self referralfor rehabilitation shall be employed to identify incidents ofdrug abuse and to identify and treat military members whether ornot they first seek treatmentc Referral of Dependent Separatees Drug or alcoholdependent members who are to be separated will be givenappropriate required treatment by referral to a militarytreatment facility or if in the commander s judgment theneeds of the service member warrants to a Medical TreatmentFacility in accordance with referen e a2 Detection and Deterrence To ensure that programs tocontrol alcohol and or drug abuse among DON personnel are effectiveEnclosure 2SECNAVINST 5300 28Dcomprehensive actions to detect and deter abuse are necessaryCommanders commanding officers and officers in charge shallwithin the limits of their resources make fullest use ofadministrative and disciplinary procedures including but notlimited to the followinga Employ trained investigative and enforcement personnelb Request drug detector dog team sweepsc Use urinalysis to support inspection and readinessd Schedule frequ ent inspections and assistance visitse Conduct random inspection of vehicles and personalpossessions on entry or exit of vessels military installationsor other property under military controlf In every case without exception take prompt correctivedisciplinary and or administrative actiong When warranted initiate positive restorative actionssuch as motivational education coupled with a rigorous productivework routine and command counseling or rehabilitation at anoutpatient counseling center or residential rehabilitation facilityh Monitor the aftercare regimen of rehabilitees aftertreatment and promptly address any recidivismi Provide prompt and accurate substance abuse relatedincident reports as prescribed by CNO and CMC to help identify areahot spots and abuse trends and apply or realign resources tomeet the threat Reporting of onboard alcohol and or drug abuseproblems will be treated like other reports of serious manpower orequipment casualties The mere fact of reporting incidents willnot reflect adversely upon the reporting officer s professionalj Develop and maintain the disciplined lifestyle anticipatedby virtually all members upon entry into Naval Service Reinforcehistoric Navy and Marine Corps customs and traditions coupled withstrong emphasis on honor courage and commitment to establish aclimate where substance abuse is not tolerated by the matureofficers and enlisted members is rejected as a matter of choice bythe younger leaders and is generally discouraged through positivepeer pressure2 Enclosure 2SECNAVINST 5300 28D3 A Comprehensive Drug Testing Programa The primary drug testing method for DON personnel willbe through the Department of Defense certified urinalysis programMandatory urinalysis testing of all officers and enlisted membersfor drugs is authorized under the following four major collection1 Inspection periodic inspections including unitsweep and random sampling health and welfare inspections underMilitary Rule of Evidence 3132 Search or seizure a search or seizure underMilitary Rules of Evidence 312 through 3163 Medical examination any examination ordered bymedical personnel for a valid medical purpose includingemergency medical treatment periodic physical examinations andsuch other medical examinations as are necessary for diagnosticor treatment purposes but not including fitness for dutyexaminations4 Fitness for Duty a command directed examination orreferral of a specified member for a valid medical purpose whenthere is a reasonable suspicion of drug use and examination of aspecified member incident to a mishap or safety investigationor an examination of a specified member in conjunction with amember s participation in a drug treatment or rehabilitationprogram This includes a command directed examination of aspecified individual to determine a member s competency for duty orto ascertain whether a member requires counseling treatment orrehabilitation for substance use abuseb The DON selected urinalysis testing in its certifiedlaboratories as the best method to maintain rigorous scientificstandards for the protection of those tested and to ensure theintegrity of the program While other means of substance abusetesting have proliferated those weighing results contradicting afinding from the certified urinalysis laboratory are reminded toconsider carefully the scientific credibility and limits ofdetection of alternate means of substance abuse testing4 Limitation on Use of Urinalysis Test Results Resultsobtained from urinalysis testing under paragraph 3a 4 if notsupported by probable cause or valid medical purposes may not beused against the member in actions under the UCMJ or as the basls for3 Enclosure 2SECNAVINST 5300 28Dthe unfavorable characterization of a discharge in separationproceedings except when used for impeachment or rebuttal purposes inany proceeding in which the evidence or drug abuse or lack thereofhas been first introduced by the member Subject to the abovelimitations the results of mandatory urinalysis may be used torefer a military member to a treatment or rehabilitation programto take appropriate disciplinary action and to establish thebasis for separation and characterization of discharge in separationproceedings in accordance with applicable laws and regulations Theresults of mandatory urinalysis may be used in otheradministrative determinations except as otherwise limited in thisinstruction or under rules issued by the Secretary of the Navy5 Statistical and Analytical Studies Data from urinalysistest results may be used to conduct longitudinal statisticaland analytical studies of military personnel drug testing and drugusage by military personnel Demographic data reports regardingdrug testing shall not contain personal identifiers in accordancewith the provisions of the Privacy Act of 1974 as amended 5 U S CSection 552a Demographic data reports regarding drug testing maycontain information regarding age gender rank rate specialtygeographic location military service or component and relateddemographic information concerning military personnel bothact i ve d u t y and reserve All requests for Service specific drugtesting demographics data shall be approved by DoD Coordinator forDrug Enforcement Policy and Support6 Voluntary Self Referral for Rehabilitation for Drug AbuseAll Navy and Marine Corps active duty and reserve personnel whoself refer for drug abuse to qualified representatives shall bescreened for drug dependency at a medical facility Those who areofficially confirmed as valid self referrals shall be exempt fromany disciplinary action processed for administrative separationand offered treatment as outlined in reference a Thosepersonnel who are subsequently screened as not drug dependentwill be ineligible for exemption from disciplinary action7 Confidentiality of Records Records of the identitydiagnosis prognosis or treatment of any member who has sought orreceived counseling treatment or rehabilitation in any DONsubstance abuse counseling treatment or rehabilitation programwhich are maintained in connection with such program may not beintroduced against the member in a court martial except asauthorized by a court order issued under the standards set forth in21 U S C 1175 or 42 U S C 290dd 3 and 290ee 3 or for rebuttal orimpeachment purposes where evidence of illegal substance use oralcohol abuse or lack thereof has first been introduced by the4 Enclosure 2