SECNAVINST 5300.28E ASN(M&RA) 23 May 2011 SECNAV INSTRUCTION 5300.28E From:
Secretary of the Navy
Subj:
MILITARY SUBSTANCE ABUSE PREVENTION AND CONTROL
Ref:
(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l)
Encl:
(1) Pre-service and In-service Military Drug and Alcohol Abuse (2) Detection and Deterrence of Military Drug and Alcohol Abuse (3) Impaired Driving Policy (4) Definitions
DoD Instruction 6055.04 of 20 Apr 2009 10 U.S.C. Ch. 47, Uniform Code of Military Justice HA Policy Memorandum 9700029 of 13 Feb 97 (NOTAL) 21 U.S.C. §801 et seq. DoD Directive 1010.1 of 9 Dec 94 DoD Directive 1010.4 of 3 Sep 97 OPNAVINST 1620.2A/MCO 1620.2D 10 U.S.C. §978 DoD Instruction 1010.16 of 9 Dec 94 DoD Instruction 1332.14 of 28 Aug 2008 SECNAVINST 1920.6C OPNAVINST 11200.5D/MCO 5110.1D
1. Purpose. To establish policies and procedures for the prevention and control of alcohol and drug abuse within the Department of the Navy (DON), under references (a) through (l) and to establish responsibility for their execution; and to establish DON policies to prevent, control, and document incidents of impaired driving under reference (a). This instruction is a complete revision and should be read in its entirety. 2.
Cancellation.
SECNAVINST 5300.28D.
3. Applicability. This instruction applies to all Navy and Marine Corps active duty personnel and members of their reserve components on active duty or inactive-duty training.
SECNAVINST 5300.28E 23 May 2011 4. Policy. The release of information pertaining to treatment and or rehabilitation programs is subject to Federal laws, such as the Privacy Act (5 United States Code (U.S.C.) §552a), Freedom of Information Act (5 U.S.C. §552), as well as the implementing instructions and directives. Alcohol and drug abuse by members of the Armed Forces is incompatible with the maintenance of high standards of performance, military discipline, readiness, and reliable mission accomplishment. Therefore, it is the goal of the DON to be free from the effects of alcohol and drug abuse; the illegal possession of and or the trafficking of drugs by DON military personnel; and the wrongful possession, use, distribution, or promotion of drugs or drug abuse paraphernalia. To achieve these goals it is DON policy that: a. Persons who have any record of drug trafficking offenses or whose patterns of drug involvement indicate dependency shall not be inducted in the Navy or Marine Corps except as provided in enclosure (1). b. Navy and Marine Corps members shall never wrongfully use, possess, manufacture, distribute, import into the customs territory of the United States, export from the United States, or introduce into an installation, vessel, vehicle, or aircraft used by or under the control of the Armed Forces, drugs, abuse substances described in paragraph 5c, or drug abuse paraphernalia. Members shall report all prescription medications received from non-military medical treatment facilities to their chain of command within 10 days of issue and ensure they are entered into their military health record. c. Navy and Marine Corps resale outlets are prohibited from possessing, selling, or advertising drug abuse paraphernalia. The prohibition applies to military exchanges, open messes, commissaries, and to private organizations and concessions located on DON installations. d. Military members determined to be using drugs, in violation of applicable provisions of the Uniform Code of Military Justice (reference (b)) and Federal, State, or local statutes, who abuse substances described in paragraph 5c in violation of this instruction or applicable provisions of reference (b) and Federal, State or local statutes; who
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SECNAVINST 5300.28E 23 May 2011 wrongfully possess or engage in the manufacturing or trafficking of drugs, substances described in paragraph 5c, or drug abuse paraphernalia, or who are diagnosed as drug dependent, shall be disciplined as appropriate and processed for administrative separation. Trafficking as used in this section includes importing, exporting, introduction and distribution of drugs or the substances identified in paragraph 5c. Additionally, military members who incur a second driving under the influence (DUI) or driving while impaired (DWI) conviction during their naval career regardless whether the member has entered a prescribed treatment program or 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 (MO) 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). f. Family members of alcohol or drug dependent military members should be counseled and encouraged to participate on a voluntary basis in the member's rehabilitation program. If a family member is also alcohol or drug dependent, he or she shall be encouraged to voluntarily enter treatment. Eligible beneficiaries shall be referred for evaluation and treatment to the nearest TRICARE program. Refer to reference (c). g. Commands shall conduct proactive preventive education and counseling programs to help prevent alcohol and drug abuse. h. DWI or DUI is in violation of reference (b) and shall be handled following the provisions of enclosure (3) as required by reference (a).
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SECNAVINST 5300.28E 23 May 2011 5. Prohibitions Governing the Conduct of DON Military Personnel. For purposes of this paragraph, the definitions controlled substance analogues (designer drugs), and deceptive devices and methods in enclosure (4) of this instruction apply. a. Controlled Substance Abuse, Possession, Manufacture, Distribution, Importation, Exportation, and Introduction. Reference (b), article 112a, prohibits all persons subject to reference (b) from wrongfully using, possessing, manufacturing, distributing, importing into the United States, or introducing into an installation, vessel, vehicle, or aircraft used by or under the control of the Armed Forces a substance described in the following paragraphs 5a(1) and 5a(2). (1) Cannabinoids (THC), cocaine, amphetamine, methamphetamine, morphine, codeine, heroin, phencyclidine, barbituric acid, lysergic acid diethylamide, anabolic steroids, and any compound, derivative, or isomer of any such substance. (2) Any substances not specified in paragraph 5a(1) which are listed on a Controlled Substances Act (CSA) schedule of controlled substances prescribed by the President under clause (2) of reference (b), article 112a, or which are listed in schedules I through V of section 202 of the CSA (reference (d)). b. Drug Abuse Paraphernalia. Drug abuse paraphernalia is drug paraphernalia that is not used, or intended to be used, for authorized medicinal purposes, or paraphernalia that is manufactured for the purpose of abusing drugs. Except for authorized medicinal purposes, the use, possession, or distribution of drug abuse paraphernalia by persons in the DON is prohibited. A violation of this prohibition by such personnel may result in punitive action under reference (b) or adverse administrative action or both. c. Other Substance Abuse. The wrongful use, possession, manufacture, distribution, importation into the customs territory of the United States, exportation from the United States, and introduction onto an installation, vessel, vehicle, or aircraft used by or under the control of the Armed Forces by persons in the DON of controlled substance analogues (designer
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SECNAVINST 5300.28E 23 May 2011 drugs), products containing synthetic THC agonists (e.g., spice), natural substances (e.g., fungi, excretions, plant substances such as salvia divinorm), and or a prescribed or over-the-counter drug or pharmaceutical compound, with the intent to induce or enable intoxication, excitement, or stupefaction of the central nervous system, is prohibited and will subject the violator to punitive action under reference (b) or adverse administrative action or both. Although not illegal to possess, using chemicals illicitly for purposes other than what they are intended for, (e.g., rubbing alcohol, ethanol), and propellants and inhalants (e.g., dust-off, nitrous oxide), is prohibited and the violator will also be subject to punitive action under reference (b) or adverse administrative action or both. d. Deceptive Devices and Methods. Any intentional acts to avoid providing a urine sample when lawfully directed, to dilute a urine sample to reduce the quantitative value of that sample when confirmed by mass spectroscopy and gas chromatography, to substitute any substance for one's own urine, or to chemically alter, adulterate or modify one's own urine to avoid detection of any controlled substance, or to assist another in attempting to do the same is prohibited. A violation of this prohibition by such personnel may result in punitive action under reference (b) or adverse administrative action or both. Personnel violating this prohibition may be subject to punitive action under reference (b) or adverse administrative action or both. 6.
Responsibilities
a. The Assistant Secretary of the Navy (Manpower and Reserve Affairs) (ASN(M&RA)) is responsible for overall policy and execution of the alcohol and drug abuse prevention and control programs. b. The Chief of Naval Operations (CNO) shall establish and operate drug-testing laboratories, and contract as necessary for testing services, to be fully responsive to the military urinalysis testing requirements of the Navy and Marine Corps. In addition, the CNO and the Commandant Marine Corps (CMC) shall:
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SECNAVINST 5300.28E 23 May 2011 (1) Establish and conduct alcohol and drug abuse control programs consistent with this policy guidance, giving specific attention to the functional areas of detection and deterrence, treatment and rehabilitation, preventive education and intervention training, enforcement and discipline, including support of Chief of Naval Research programs as mutually agreed. These programs shall be designed to support functional areas of personnel management, recruiting, retention, and administrative separation. (2) Establish offices in their respective headquarters to enhance integration of the total substance abuse prevention and control program. These offices shall monitor and coordinate all aspects of prevention, detection, testing, deterrence, enforcement, education, training, treatment and rehabilitation. (3) Ensure that procedures related to collection, transmission, testing, storing, and documentation in the urinalysis testing program are conducted under a standard procedure conforming to the requirements of reference (e). (4) Establish and operate alcohol and drug abuse treatment programs. Additionally, the CNO and CMC will provide coordination of these services to accomplish a standardized treatment regimen per references (a), (c), and (f). (5) Ensure treatment and rehabilitation programs and standards of practice for eligible family members with substance abuse disorders shall be consistent, to the extent permitted by law and within the limitations of this instruction, with those for military personnel, and with accepted practices in the substance abuse area. (6) Provide alcohol and drug abuse program managers from each respective service to represent DON on military and governmental committees and task groups as may be requested by the Office of the Secretary of Defense. Those representatives may not make policy commitments on behalf of the DON, but shall keep ASN(M&RA) continuously apprised of actions considered by such groups which would modify or impact upon the effectiveness of DON policies and programs under this instruction.
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SECNAVINST 5300.28E 23 May 2011 (7) Ensure that appropriate measures are taken to: (a) Prevent trafficking of controlled substances, substances listed in paragraph 5c, and drug abuse paraphernalia on military ships, vehicles, aircraft or installations used by or under the control of the Armed Forces. (b) Minimize the effect on military personnel of illegal possession and use of controlled substances by civilian employees. (c) Provide for off-station enforcement (e.g., establishment of off-limits areas), per references (a) and (g), when the availability of controlled substances, substances listed in paragraph 5c, and drug abuse paraphernalia in the civilian community reveals a threat to the discipline, health, welfare or morale of Service members. (d) Provide guidance and assistance to commanding officers and activity heads to ensure effective execution of alcohol and drug abuse control policies and programs. (e) Provide training to military and civilian supervisors and counselors per reference (f). (f) Continue to improve programs for prevention and control of alcohol abuse, including personal accountability for all substantiated incidents of impaired driving (on or off base), following the guidelines of this instruction. (8) Assure maximum cooperation through joint participation in a policy committee sponsored by the CNO. The committee shall ensure that Navy and Marine Corps programs demonstrate uniformity and economy of purpose. As part of this cooperation, rehabilitation treatment services will be provided for the Marine Corps. The CMC will provide counselors and administrative assistance to naval treatment centers in equal proportion to Marine Corps personnel undergoing treatment. (9) Establish procedures for identifying pre-service drug users at the point of initial application, and in recruit and major initial specialty training programs per enclosure (1).
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SECNAVINST 5300.28E 23 May 2011 (10) Request exceptions to these policies for medical, educational, operational, or personnel management purposes when deemed essential, and propose changes when needed to meet basic policy objectives, providing supporting justification. (11) Maintain such records to be able to supply data similar to that provided in reference (h) as required to the Office of the Secretary of Defense with copies to ASN(M&RA). 7. Reports. The reporting requirements contained in this instruction are exempt from reports control per Secretary of the Navy (SECNAV) Manual 5214.1 of December 2005. 8. Records Management. Records created as a result of this instruction, regardless of media and format, shall be managed per SECNAV Manual 5210.1 of November 2007.
JUAN M. GARCIA Assistant Secretary of the Navy (Manpower and Reserve Affairs) Distribution: Electronic only, via Department of the Navy Issuances Web site http://doni.daps.dla.mil/
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SECNAVINST 5300.28E 23 May 2011 PRE-SERVICE AND IN-SERVICE MILITARY DRUG AND ALCOHOL ABUSE 1. Policy. It is DON 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. Some people have clear potential to adhere to a substance abuse-free military service despite past substance use. Pre-service use and abuse, as long as the substance use and 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. 2. Guidelines for Acceptance. The CNO and CMC shall establish recruiting procedures that will screen out individuals whose past drug and or alcohol abuse was of such a kind, intensity, frequency, or duration as to render them unsuitable for military service. Guidelines for acceptance into the Naval Service are as follows: a. Except as provided for in paragraph 2b, applicants are not eligible for enlistment, appointment, or commissioning if they have: (1) Ever been convicted of or the subject of action tantamount to conviction of a drug abuse offense; (2) Ever been psychologically or physically dependent upon any chemical, drug or alcohol; and or (3) Ever been a trafficker of drugs. b. Acceptance may be authorized for applicants falling in paragraphs 2a(1) and 2a(2) on a case-by-case basis when the preservice abuse or dependency was resolved in such a way that there is little likelihood that such behavior will recur. CNO
Enclosure (1)
SECNAVINST 5300.28E 23 May 2011 and CMC shall establish procedures for acceptance to pre-service drug users and alcohol abusers considered to be good risk applicants. c. Applicants for service as a commissioned officer and for Submarine, Nuclear Power and Personnel Reliability Programs, medical and dental rating, and other programs requiring an exceptional degree of reliability, dependability or trust and confidence, as designated by the CNO or CMC, may be considered for acceptance under additional special entry criteria established by the CNO and CMC for each program to assure a very low risk of drug-related incidents in such programs. 3. New Entrant Drug Use and Alcohol Testing and Dependency Evaluation. Per references (h) and (i), unless otherwise directed by SECNAV, all new entrants shall be tested for drug and alcohol use and evaluated for dependency within 72 hours after the member's initial entry on active duty (IEAD) following enlistment or appointment. For reserve component members not entering active duty, the tests shall be administered no later than 72 hours after the beginning of the first scheduled annual training or initial active duty training. a.
Testing Policy
(1) All persons covered by this accession program shall be tested for the use of THC, cocaine, and alcohol. The CNO and CMC may direct testing for additional substances as necessary, whenever circumstances warrant expanding the testing program to ensure that individuals using chemicals or drugs are identified at the entry point. (2) All persons covered by this program shall be medically evaluated for dependency using appropriate medical and psychiatric criteria. 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.
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Enclosure (1)
SECNAVINST 5300.28E 23 May 2011 (2) Enlisted personnel whose drug test is confirmed positive for THC 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. c.
Officer Separation Policy
(1) Applications for appointment as midshipmen shall be disapproved if the applicant refuses to consent to drug testing or alcohol testing, or if the drug test is confirmed positive for controlled substances, or through medical evaluation the applicant is determined to be dependent on chemicals, drugs, and or alcohol. (2) Appropriate disenrollment action shall be taken against a Naval Reserve Officer Training Corps (NROTC) member and no offer of appointment will be made to such an individual upon refusal to consent to drug or alcohol testing, or if the results indicate a positive drug test for controlled substances, or a medical diagnosis of alcohol, chemical, or drug dependency is determined. A drug test indicating a drug presence or refusal to consent to drug testing or evaluation may be treated as evidence of misconduct on the part of the NROTC member for the purpose of recoupment or ordering to active duty in an enlisted status. Only those NROTC midshipmen with a confirmed drug test positive for THC alone and who receive a waiver from SECNAV may be ordered to active duty, except during periods of conscription. (3) Officers who are drug tested after appointment under this policy and are found to use controlled substances, or refuse to consent to substance testing or evaluation, shall be given an uncharacterized discharge unless the separating authority determines that a characterized discharge is more appropriate based upon other misconduct.
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Enclosure (1)
SECNAVINST 5300.28E 23 May 2011 (4) Applicants for appointment as midshipmen and officers who are tested after appointment and who are found to have a 0.05 percent blood alcohol level and who are not alcohol dependent shall be denied the appointment established by the CNO and CMC following an individual assessment of the particular case. 4. Post Enlistment Disclosure of Pre-service Alcohol and or Drug Abuse. Military personnel who as applicants disclaim preservice alcohol and or drug abuse and subsequently admit to preservice 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 (j) and (k) due to their detrimental effect on military readiness, reliable mission accomplishment, and the health and welfare of naval personnel.
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Enclosure (1)
SECNAVINST 5300.28E 23 May 2011 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 per references (j) and (k).
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Enclosure (1)
SECNAVINST 5300.28E 23 May 2011 DETECTION AND DETERRENCE OF MILITARY DRUG AND ALCOHOL ABUSE 1. Policy. Effective detection and deterrence programs are essential to prevent and eliminate alcohol and or drug abuse in the Naval Service. To be effective, detection and deterrence programs must be supported by a rehabilitation program for those who want help without risk of disciplinary action. It is DON policy to impose a zero tolerance for drug abuse, and to discipline as appropriate for alcohol abuse. Alcohol abusers who are determined to have a potential for future useful service shall be provided counseling and or treatment and restored to full duty whenever feasible. a. Alcohol Abuse and Alcoholism. Alcohol abuse and the disease of alcoholism are treatable. Prevention of alcohol abuse is the responsibility of the individual. Enlightened attitudes and techniques by command, supervisory, and health service personnel can help individuals recognize and accept their personal responsibility for its prevention. Less seriously afflicted individuals are also responsible for obtaining treatment. However, the denial by the alcohol dependent member of his or her alcoholism is a common symptom of the illness, and the actively drinking alcohol dependent member is least qualified to diagnose his or her illness and prescribe proper treatment. Alcohol abuse shall be identified as early as possible. The DON will treat and provide the required rehabilitation for those members showing potential for further useful service, whether or not they first seek treatment, and effect separation for those members who cannot perform duties free from alcohol abuse after rehabilitation. b. Drug Use and Drug Dependence. Effective detection and deterrence, urinalysis testing, and voluntary self-referral for rehabilitation shall be employed to identify incidents of drug abuse and to identify and treat military members, whether or not they first seek treatment. c. Referral of Dependent Separatees. Drug or alcohol dependent members who are to be separated will be given appropriate required treatment by referral to a military treatment facility, or if in the commander's judgment the needs of the Service member warrants, to a medical treatment facility per reference (c).
Enclosure (2)
SECNAVINST 5300.28E 23 May 2011 2. Detection and Deterrence. To ensure that programs to control alcohol and or drug abuse among DON personnel are effective, comprehensive actions to detect and deter abuse are necessary. Commanders, commanding officers, and officers in charge shall, within the limits of their resources, make fullest use of administrative and disciplinary procedures including, but not limited to, the following: a.
Employ trained investigative and enforcement personnel.
b.
Request “drug detector dog” team sweeps.
c. Use urinalysis to support inspections and readiness programs. d.
Schedule frequent inspections and assistance visits.
e. Conduct random inspection of vehicles and personal possessions on entry or exit of vessels, military installations, or other property under military control. f. In every case, without exception, take prompt corrective disciplinary and or administrative action. g. When warranted, initiate positive restorative action such as motivational education coupled with a rigorous, productive work routine and command counseling, or rehabilitation at an outpatient counseling center or residential rehabilitation facility. h. Monitor the aftercare regimen of rehabilitees after treatment and promptly address any recidivism. i. Provide prompt and accurate substance abuse-related incident reports as prescribed by CNO and CMC to help identify area 'hot spots' and abuse trends, and apply or realign resources to meet the threat. Reporting of onboard alcohol and or drug abuse problems will be treated like other reports of serious manpower or equipment casualties. The mere fact of reporting incidents will not reflect adversely upon the reporting officer's professional abilities.
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Enclosure (2)
SECNAVINST 5300.28E 23 May 2011 j. Develop and maintain the disciplined lifestyle anticipated by virtually all members upon entry into Naval Service. Reinforce historic Navy and Marine Corps customs traditions coupled with strong emphasis on honor, courage, commitment to establish a climate where substance abuse is tolerated by the mature officers and enlisted members, is rejected as a matter of choice by the younger leaders, and generally discouraged through positive peer pressure.
and and not is
k. Hand held alcohol detection devices may be used as technical aides for inspections under Military Rule of Evidence 313. The results of these cannot be used as the basis for disciplinary action, but can provide the foundation for a probable cause search or fitness for duty examination. 3.
A Comprehensive Drug Testing Program
a. The primary drug testing method for DON personnel will be through the DoD Certified Urinalysis Program. Mandatory urinalysis testing of all officers and enlisted members for drugs is authorized under the following four major collection premises: (1) Inspection - periodic inspections, including unit sweep and random sampling, health and welfare inspections, under Military Rule of Evidence 313. (2) Search or seizure - a search or seizure under Military Rule of Evidence 312 through 316. (3) Medical examination - any examination ordered by medical personnel for a valid medical purpose including emergency medical treatment, periodic physical examinations, and such other medical examinations as are necessary for diagnostic or treatment purposes, but not including fitness for duty examinations. (4) Fitness for Duty - a command-directed examination or referral of a specified member for a valid medical purpose when there is a reasonable suspicion of drug use, and examination of a specified member incident to a mishap or safety investigation, or an examination of a specified member in conjunction with a member's participation in a drug treatment or rehabilitation
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Enclosure (2)
SECNAVINST 5300.28E 23 May 2011 program. This includes a command-directed examination of a specified individual to determine a member's competency for duty or to ascertain whether a member requires counseling, treatment, or rehabilitation for substance use and abuse. b. The DON selected urinalysis testing in its certified laboratories as the best method to maintain rigorous scientific standards for the protection of those tested and to ensure the integrity of the program. While other means of substance abuse testing have proliferated, those commands which weigh results that contradict a finding from the certified urinalysis laboratory must consider carefully the scientific credibility and limits of detection of alternate substance abuse testing. 4. Limitation on Use of Urinalysis Test Results. Results obtained from urinalysis testing under paragraph 3a(4), if not supported by probable cause or valid medical purposes, may not be used against the member in actions under reference (b) or as the basis for the unfavorable characterization of a discharge in separation proceedings, except when used for impeachment or rebuttal purposes in any proceeding in which the evidence or drug abuse (or lack thereof) has been first introduced by the member. Subject to the above limitations, the results of mandatory urinalysis may be used to refer a military member to a treatment or rehabilitation program, to take appropriate disciplinary action, and to establish the basis for separation and characterization of discharge in separation proceedings following applicable laws and regulations. The results of mandatory urinalysis may be used in other administrative determinations except as otherwise limited in this instruction or under rules issued by SECNAV. 5. Statistical and Analytical Studies. Data from urinalysis test results may be used to conduct longitudinal, statistical, and analytical studies of military personnel drug testing and drug usage by military personnel. Demographic data reports regarding drug testing shall not contain personal identifiers per the provisions of the Privacy Act of 1974 as amended (5 U.S.C. §552a). Demographic data reports regarding drug testing may contain information regarding age, gender, rank and rate, specialty, geographic location, military service or component, and related demographic information concerning military personnel both active duty and reserve. All requests for
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Enclosure (2)
SECNAVINST 5300.28E 23 May 2011 Service-specific drug testing demographics data shall be approved by DoD coordinator for Drug Enforcement Policy and Support. 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, but will be processed for administrative separation and offered treatment as outlined in reference (c). Those personnel who are subsequently screened as 'not drug dependent' will be ineligible for exemption from disciplinary action. 7. Confidentiality of Records. Records of the identity, diagnosis, prognosis, or treatment of any member who has sought or received counseling, treatment, or rehabilitation in any DON substance abuse counseling, treatment, or rehabilitation program which are maintained in connection with such program may not be introduced against the member in a court-martial except as authorized by a court order issued under the standards set forth in section 1175 of title 21, U.S.C., or sections 290dd-3 and 290ee-3 of title 42, U.S.C., or for rebuttal or impeachment purposes where evidence of illegal substance use or alcohol abuse (or lack thereof) has first been introduced by the member. It is intended to create an enforceable right of privacy for all medical and rehabilitation records associated with the drug and alcohol program. Except on an administrative discharge proceeding, no medical or rehabilitation record covered by this instruction may be released to any person without the signed consent of the Service member or the written order of a military judge. Records shall carefully be preserved and maintained per SECNAV Manual 5210.1. Failure to protect records generated by this instruction may cause legal harm to the DON and or members of the Naval Service. 8. Limitations on Use of Information. Disclosures made by a member to substance abuse screening, counseling, treatment, or rehabilitation personnel relating to the member's past substance use and abuse, or possession incident to such use, including disclosures made at Alcoholics Anonymous meetings, Narcotics Anonymous meetings, or when attending Navy and Marine Corps preventive education or intervention classes, may not be used
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Enclosure (2)
SECNAVINST 5300.28E 23 May 2011 against the member in any disciplinary action under reference (b) 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. This does not preclude the use of disclosed information to establish the basis for separation in a separation proceeding or to take other administrative action, nor does it preclude the introduction of evidence for impeachment or rebuttal purposes in any proceeding in which illegal substance abuse (or lack thereof) has first been introduced by the member. The use of information disclosed by a member to persons other than military substance abuse program personnel is not limited under this paragraph. Similarly, the use of information disclosed in response to official questioning in connection with any investigation or disciplinary proceeding will not be considered information disclosed for the purpose of seeking or obtaining treatment or rehabilitation and is not limited under this paragraph.
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Enclosure (2)
SECNAVINST 5300.28E 23 May 2011 IMPAIRED DRIVING POLICY 1. Policy. It is DON policy to prevent, control, and document incidents of impaired driving. This enclosure clarifies and standardizes procedures for addressing and documenting such incidents, and applies to all Navy and Marine Corps active duty personnel and members of their reserve components on active duty or inactive duty training. For any alcohol-related or drugrelated misconduct, commanders shall take action, as appropriate, following applicable instructions. Misconduct related to alcohol or drug use is a separate issue from treatment, regardless if it results from diagnosed alcohol abuse, alcohol dependence, youthful inexperience, or simply a failure in judgment or responsibility. Specifically, while individuals of the required age are legally permitted to consume alcohol, impaired driving is not acceptable behavior. Any substantiated incident of impaired driving is a serious offense that calls into question an individual's judgment. Such a lack of personal responsibility and general disregard for the safety of oneself and the public is incompatible with the standards of conduct and behavior expected of members of the Navy-Marine Corps team. 2. Detection and Deterrence. Detection and deterrence measures are necessary to support prevention and assistance programs that help keep persons from harming themselves or others. Measures will include use of breath analyzers and other safety tools for detection and deterrence of impaired driving and to aid in determining fitness for duty. a. Breathalyzers can be used for random spot checks in vehicles, where probable cause is established or to determine fitness for duty. b. Members identified as driving while impaired are to be returned to their commands by other means for their safety and the safety of the community, and for appropriate follow-up per this instruction. c. On-station enforcement of the traffic control regulations in reference (g) must be scrupulously observed.
Enclosure (3)
SECNAVINST 5300.28E 23 May 2011 d. Off-station controls must be implemented following reference (g) and the requirements of this instruction. These controls must be enforced in those instances when availability of alcoholic beverages or drugs in the civilian community poses a threat to the wellbeing of Service members. 3. Substantiated Incidents of Impaired Driving. A substantiated incident of impaired driving per reference (l) includes, but is not limited to, the following: a. A conviction by summary, special, or general courtmartial of a violation of reference (b), article 111. b. A finding by competent authority during a hearing under reference (b), article 15, that, based upon a preponderance of the evidence, the member has violated reference (b), article 111, or an applicable lesser included offense thereto, regardless of whether the officer imposes punishment under reference (b), article 15. c. A final adjudication by Federal, State, local, or foreign authorities that the member violated a Federal statute, State statute, local ordinance, or foreign country law prohibiting operating a motor vehicle while impaired. The final adjudication may be based on any of the following: (1) The court's acceptance of a plea of guilty; (2) A finding of guilty after entry of a plea of not guilty; the court's acceptance of a plea of nolo contendere or other equivalent plea; or the court's acceptance of a request for probation before judgment or other equivalent diversionary programs designed to impose accountability for misconduct while avoiding a criminal conviction. (NOTE: A court's acceptance of a plea bargain to a lesser offense in paragraph 3c(1) above, such as reckless driving, does not preclude a commander from making an independent determination that an allegation of impaired driving is substantiated. Use of a foreign tribunal adjudication as the basis for command action under this instruction is permitted when the fundamental fairness of the foreign nation adjudicatory process is certified under SECNAVINST 5820.4G.)
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Enclosure (3)
SECNAVINST 5300.28E 23 May 2011 d. A final adjudication by Federal, State, local, or foreign authorities that the member violated any Federal statute, State statute, local ordinance, or foreign country law regulating the operation of vehicles, when, incident to the violation, the member submits to a blood alcohol test and the results of the test exceed the state or foreign country standard for operating a vehicle while impaired. 4. Accountability. All commanding officers must properly document all substantiated incidents of impaired driving and take action, as appropriate, in cases of other unacceptable behaviors while under the influence. Consistent with current directives for the preparation of officer performance reports and enlisted performance evaluations, all substantiated incidents of impaired driving (on or off duty) shall be documented in officer fitness reports and enlisted evaluations, appropriate administrative record entries, and other reports required by instruction. Fitness report and evaluation grades should not be based solely upon a substantiated incident of impaired driving, but upon an evaluation of the individual's total performance during the rating period. It is DON policy to evaluate a person's total record in determining promotion, retention, reenlistment and assignment issues. 5. Records. It is imperative that all records are maintained per SECNAV Manual 5210.1 to ensure that the legal process is captured and protected.
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SECNAVINST 5300.28E 23 May 2011 DEFINITIONS The following definitions are for operational use within the military drug and alcohol abuse prevention and control programs of the DON. The terms and provisions of this instruction are not intended to modify or otherwise affect statutory provisions and those regulations or DoD directives concerned with personnel administration, medical care, or with determination of misconduct and criminal or civil responsibilities for persons acts or omissions. 1. Alcohol Abuse. The use of alcohol to an extent that it has an adverse effect on performance, conduct, discipline, or mission effectiveness, and or the users health, behavior, family, community, or DON, or leads to unacceptable behavior as evidenced by one or more acts of alcohol-related misconduct. Alcohol abuse is a clinical diagnosis based on specific diagnostic criteria delineated in the American Psychiatric Association Diagnostic and Statistical Manual of Mental Disorders (DSM), current edition, and must be determined by a qualified MO or DoD-authorized licensed practitioner. A diagnosis of alcohol abuse generally requires some form of intervention and treatment. 2. Alcohol Dependence and or Alcoholism. Psychological and or physiological reliance on the drug alcohol as indicated by evidence of tolerance or symptoms of withdrawal as characterized by the development of withdrawal symptoms 12 hours or so after the reduction of intake following prolonged, heavy, alcohol ingestion. People are said to be dependent on alcohol when abstinence from use impairs their performance or behavior. Alcohol dependence is a clinical diagnosis based on specific diagnostic criteria delineated in the DSM, and must be determined by an MO or DoD-authorized licensed practitioner. Untreated, alcohol dependence may lead to death. 3. Alcohol-Incident. An offense punishable under reference (b) or civilian authority committed by a member where, in the judgment of the member's commanding officer, the consumption of alcohol was a contributing factor. 4. Anabolic Steroids. Any drug or hormonal substance, chemically and pharmacologically related to testosterone (other
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SECNAVINST 5300.28E 23 May 2011 than estrogens, progestins, and corticosteroids) that promotes muscle growth, and includes any salt, ester, or isomer of such a drug or substance described or listed in reference (d), section 802, if that salt, ester, or isomer promotes muscle growth. 5. Controlled Substances. Chemical compounds, anabolic steroids or other substance included in schedule I, II, III, IV, or V under reference (h) as updated and republished under the provisions of the Controlled Substance Act, title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and its amendments. 6.
Controlled Substance Analogue (Designer Drugs)
a. Per reference (d), section 802, except as provided in paragraph 6b below, this term means a substance: (1) The chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II of reference (d); and (2) Which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II of reference (c); or (3) With respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II of reference (h). b.
Such a term does not include: (1) A controlled substance;
(2) Any substance for which there is an approved new drug application; (3) With respect to a particular person any substance, if an exemption is in effect for investigation use, for that person under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §355) to the extent conduct with respect to such substance is under such exemption; or
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SECNAVINST 5300.28E 23 May 2011 (4) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to that substance. 7. Driving Under the Influence (DUI) and Driving While Intoxicated (DWI). DUI and DWI refers to the operation of, or being in the physical control of a motor vehicle or craft while impaired by any substance, legal or illegal. Definitions vary slightly from state to state. In most states recorded blood alcohol content (BAC) for alcohol ranging from 0.08 to 0.10 is prima facie proof of DUI and DWI without any other evidence. It should be noted that in many states, drivers can be impaired at levels lower than 0.08 and can be convicted on other evidence without a recorded BAC (see “Substantiated Incidents of Impaired Driving,” enclosure (3), paragraph 3). Additionally, operation of, or being in physical control of a motor vehicle or craft with any recorded BAC for alcohol by a person under the age of 21 may be prima facie evidence of DUI in many states. Further guidance concerning DUI and DWI is contained in reference (b), article 111, and its analysis. 8. Drug. Any substance, other than food, that is inhaled, injected, consumed, or introduced into the body in any manner to alter mood or function is considered a drug in this instruction. 9. Drug Abuse. The wrongful use of a controlled substance, prescription medication, over-the-counter medication, or intoxicating substance (other than alcohol) to an extent that it has an adverse effect on performance, conduct, discipline, or mission effectiveness, and or the user’s health, behavior, family, community, or DON, or leads to unacceptable behavior as evidenced by one or more acts of drug-related misconduct. For purposes of this instruction, drug abuse also includes the intentional inhalation of fumes or gasses of intoxicating substances with the intent of achieving an intoxicating effect on the user’s mental or physical state, and steroid usage other than that specifically prescribed by a competent authority. Drug abuse is also a clinical diagnosis based on specific diagnostic criteria delineated in the American Psychiatric Association DSM, current edition, and must be determined by a qualified MO or DoD-authorized licensed practitioner. A diagnosis of drug abuse generally requires some form of intervention and treatment. See definition of “Wrongful.”
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SECNAVINST 5300.28E 23 May 2011 10. Drug Abuse Paraphernalia. All equipment, products, and materials of any kind that are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body controlled substance in violation of reference (h). Drug abuse paraphernalia includes, but is not limited to: a. Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in injecting controlled substances into the human body, and metallic or other containers used for mixing or other preparation of heroin, morphine, or other narcotic substances prior to such an injection. b. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing controlled substances (e.g., marijuana, cocaine, or hashish oil) into the human body, such as: (1) Pipes, with or without screens, designed for the purpose of smoking marijuana, hashish, or cocaine bearing names such as chamber pipes, carburetor pipes, electric pipes, air driven pipes, chillums, bongs, ice pipes or chiller, hashish heads, punctured metal bowls, etc.; (2) Roach clips: meaning objects used to hold burning marijuana too small or too short to be held in the hand; and (3) Cocaine spoons. c. The words 'equipment, products, and materials' should be interpreted according to their ordinary or dictionary meaning. To insure that innocently possessed objects are not classified as drug abuse paraphernalia, paragraph 5b of the basic instruction makes the criminal intent of the person in possession or control of an object a key element of the definition. Some evidentiary factors to consider in determining this criminal intent, and hence whether an object is illegal drug abuse paraphernalia, are as follows: (1) Statements by the person in possession or by anyone in control of the object concerning its use;
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SECNAVINST 5300.28E 23 May 2011 (2) The proximity of the object, in time and space, to the unlawful use, possession, or distribution of drugs; (3) The proximity of the object to controlled substances; (4) The existence of any residue of controlled substances on the object; (5) Instructions, oral or written, provided with the object concerning its use; (6) Descriptive materials accompanying the object which explain or depict its use; (7) The existence and scope of legitimate uses for the object in the community; and (8) Expert testimony concerning its use. 11. Drug Dependence. Psychological and or physiological reliance on a chemical or pharmacological agent as such reliance is defined by the DSM. The physiological alteration to the body or state of adaptation to a drug which after repeated use results in the development of, tolerance, and or withdrawal symptoms when discontinued, and or the psychological craving for the mental or emotional effects of a drug that manifests itself in repeated use and leads to a state of impaired capability to perform basic functions. Drugs have varying degrees of risk of addiction with nicotine and crack cocaine having the highest potential for addiction with very little use. The term does not include the continuing prescribed use of pharmaceuticals as part of the medical management of a chronic disease or medical condition. 12. Drug-Related Incident. Any incident where the use of a controlled substance or illegal drug, or the misuse of a legal drug or intoxicating substance (other than alcohol) is a contributing factor. Mere possession or trafficking in a controlled substance, illegal drug, legal drug intended for improper use, or drug paraphernalia may be classified as a drug related incident. Additionally, testing positive for a controlled substance, illegal drug or a legal drug not prescribed, may be considered a drug-related incident.
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SECNAVINST 5300.28E 23 May 2011 13. Drug Trafficking. The wrongful distribution (includes sale or transfer) of a controlled substance, and or the wrongful possession or introduction into a military unit, base, station, ship, or aircraft of a controlled substance with the intent to distribute. 14. Inhalant Abuse (Huffing). The intentional inhalation or breathing of gas, fumes, or vapors of a chemical substance or compound with the intent of inducing intoxication, excitement, or stupefaction in the user. Nearly all abused inhalants produce effects similar to anesthetics, which slow down the body's function. Varying upon the level of dosage, the user can experience slight stimulation, feeling of less inhibition, loss of consciousness, or suffer from Sudden Sniffing Death Syndrome. (This means the user can die from the first, tenth, or one hundredth time he or she abuses an inhalant.) 15. Marijuana and Cannabis. For purposes of this instruction the terms marijuana and cannabis are used interchangeably. Cannabis is the botanical name for a genus of plants commonly referred to as marijuana. 16. Natural Substances. Chemicals that are produced by or within living organisms (plants, animals, or fungi). A nonexclusive list of these substances include salvia divinorum, psilocybin, psilocin, and 5-methoxy-dimethyltryptamine. 17. Prevention Program. An ongoing process of planned activities to specifically counter the identified threat of drug and alcohol abuse in a geographical area or command. Prevention programs normally include: threat assessment, policy development and implementation, public information activities, education and training, deglamorization, and evaluation. Effective prevention programs are tailored to the specific area or command, i.e., command and community-based. 18. Wrongful. Possession, use, distribution or manufacture of a controlled substance is wrongful if it is without legal justification, authorization or excuse, and includes use contrary to the directions of the manufacturer or prescribing healthcare provider, and use of any intoxicating substance not intended for human ingestion. Possession, use, distribution, or manufacture of a controlled substance is not wrongful if such act or acts are:
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SECNAVINST 5300.28E 23 May 2011 a. Done under legitimate law enforcement activities (e.g., an informant who receives drugs as part of an undercover operation is not in wrongful possession); b. Done by authorized personnel in the performance of medical duties; or c. Without knowledge of the contraband nature of the substance (e.g., a person who possesses cocaine, but actually believes it to be sugar, is not guilty of wrongful possession of cocaine).
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