Short answer: Most likely / bordering on definitely.
During the current downsizing of the Army, every misconduct is being scrutinized. A positive UA is a definite detractor from your career. IAW AR 635-200 and AR 680-35 (ASAP) separation proceeding must be initiated for drug use. If you are a first term Soldier I would say there is a 99.9% chance you will be separated. However, the final determination is up to the Separation Authority, normally the first Colonel in your chain of command.
The only way I could see a Soldier even being considered for retention by the separation authority is if the following were true:
- The Soldier had no other misconduct, ever, and the positive UA was for THC (marijuana) and not a drug such as cocaine or heroin.
- The Soldier has an over abundance of exceptional service which would outweigh the one drug use. Multiple deployments, purple heart, etc.
- Your entire chain of command up to and including your Battalion CSM and CDR recommend retention to the separation authority.
Even having said that, retention is usually not an option for NCOs. It would be near impossible to lead Soldiers, especially if you were to stay in the same unit, after having an article 15 for drug use. Not to mention the negative effect it would have on the morale, good order, and discipline of the unit. NCOs are held (and rightly so) to a higher standard than junior enlisted Soldiers.
Disclaimer: I am not an attorney and any views presented are my own and are not to be
interpreted as legal advice. Furthermore, my views do not necessarily
represent the views of DoD or its Components.
Comments
PV2 Smith
HI I AM AN ACTIVE DUTY SOLDIER WHO CAME UP HOT ON A UA. I SELF REFFERED MYSELF TO ASAP WAY BEFOR MY NEGATIVE RESULTING TEST. IS THERE ANY REGULATION THAT PROTECTS A SOLDIER IN MY POSITION BECAUSE MY UNIT HAS INITIATED SEPERATION.
Mark Gerecht
AR 600-85 contains a limited use policy that allows Soldier protection under certain conditions if they self refer. I would encourage you to read AR 600-85 and make an appt with JAG to see if your situation qualifies.
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PV2 Smith
thank you I found this information very valuable
ECK
During your separation proceedings you are afforded the opportunity to speak with an attorney at the Trial Defense Service (TDS) office. DO NOT waive this right and ensure you speak to an attorney who will advise you on your case. Each case is different.
There are some situations when limited use evidence can be used for a separation. Make sure you speak to an defense attorney.
Disclaimer: I am not an attorney and any views presented are my own and are not to be interpreted as legal advice. Furthermore, my views do not necessarily represent the views of DoD or its Components.
laura
My husband recently failed a U.A in the asap program, he is coming up on his 6 yrs (less than two months away) He has not yet been read his article 15, or even told what was happening to him as of right now. He passed many u.a’s before this, and just the day before he was told about his bad u.a he was told by his P.A that he was being recommended to the med board for his back, he has serious back issues now due to being a paratrooper and his p.a simply told him, its not getting any better. But, now that he has pissed hot for morphine & heroin (has a narco prescription, the morphine is correct and just with his pills, but the heroin is really a shock, he swears he hasn’t ever touched the stuff) he called the attorney on base, this guy told him to keep his mouth shut. To get the attorney on the case, being he is so close to 6 yrs and 1 day if he can’t fight it and stay in, he can at least prolong the separation and make it to his 6yr mark to get his benefits and an honorable discharge ..does any of this sound right? Its been two days now, he’s already turning in his equipment, and taking blood tests ..ect..yet hasn’t been told anything. I’m confused and scared as to whats going to happen..as this does not only affect him, but our family obviously. any advice would be greatly appreciated.
Preston
I’m not a chemist, but I believe that heroin is metabolized by the body into morphine. It seems likely to me that a generic opiate test may pop positive for both/either. Meaning, it may not distinguish between the two. I’ll leave the other parts of your question to the experts.
Eck
Hi Laura,
I cannot address specifics on your husbands case, but I can provide some basic information that applies to all cases similar to your husbands.
If your husband has a valid prescription for the drugs he tested positive on, then he should be fine. However, there is no legitimate medical use for heroin that I am aware of. It is up to the unit on how fast they act on a positive UA. Action can range from, but not limited to, an Article 15 to separation for misconduct, or a combination of punitive and administrative actions.
One thing that jumps out at me is that you mention that your husband tested positive in the ASAP program. He either self referred or he has a prior drug/alcohol issue that got him command referred to the ASAP program. A pattern of misconduct will not help your husband’s position.
However, the positive UA during the ASAP program may fall under limited use rules. This is something for your husband to discuss with his attorney.
If your husband hits six years of service, to include any reserve and delayed entry time, before the unit initiates separation action, then your husband will be entitled to a separation board. His attorney will advise him accordingly on this also.
If your husband is placed in the MEB process, then he cannot be separated prior to the MEB process being complete. The separation action can be processed up to the point it goes to the separation authority for final decision. Once the MEB process is complete, and assuming the MEB indicates your husband is no longer medically qualified for continued service, the MEB packet and the separation packet will go before your husbands Commanding General (CG) at the same time. The CG will decide whether your husband is separated for misconduct or will be allowed to finish the MEB process and separate under the medical program.
I hope you found this information useful.
Eck
“The views presented by the author are his own and do not necessarily represent the views of DoD or its Components.”
Disclaimer: I am not an attorney and any views presented are my own and are not to be interpreted as legal advice. Furthermore, my views do not necessarily represent the views of DoD or its Components.