The Limited Use Policy. The Limited Use Policy.

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Presentation transcript:

The Limited Use Policy

Objectives Identify the objectives of the Limited Use Policy Identify what evidence is protected under this policy.

Limited Use Policy Objectives Facilitate the identification of alcohol and other drug abusers by encouraging identification through self-referral. Facilitate the treatment and rehabilitation of those abusers who demonstrate the potential for rehabilitation and retention. Reference: AR 600-85 paragraph 6-3, Army Substance Abuse Program (ASAP), dated 1 Oct 01.

Limited Use Policy Prohibits the use by the government of protected evidence against a Soldier in: Courts-martial UCMJ Unfavorable characterization of service. Self-referrals for Drug abuse No separation actions required. No UCMJ Note: A Soldier can still be administratively discharged but will receive an Honorable Discharge.

Limited Use Policy What is Protected Evidence? Results of a command directed/competence or fitness for duty urine or alcohol test. A rehabilitation test as part of the ASAP treatment plan. Information about a Soldier’s prior Drug or alcohol abuse Possession of drugs for personal use

Protected Evidence Information collected as a result of a Soldier’s emergency medical care for an actual or possible alcohol or drug overdose about Drug or alcohol abuse Possession of drugs for personal use Drug tests Note: This does not include medical care resulting from apprehension of law enforcement or if the initial hospital admission was for other than alcohol or drug abuse.

Protected Evidence Drug test results of a Soldier who self-refers, who is tested prior to the drug being eliminated from his body. Example: A Soldier self refers on Monday after using cocaine on Sunday; the commander ordered a 100% test on Tuesday. The test result on the Soldier was positive because cocaine is detectable for up to 3 days in the body. Example: If the same Soldier tested positive a week later then this evidence is NOT protected, because the Soldier must have used cocaine again.

Limited Use Policy Limited Use Policy does not apply to the following evidence: A positive test that results from law enforcement activities. A positive urine rehabilitation test on a Soldier who is enrolled for alcohol abuse. Information concerning drug or alcohol abuse or possession of drugs for personal use occurring AFTER a Soldier’s self-referral. A positive urine test on a Soldier conducted on a regular urinalysis after the Soldier is enrolled in ASAP.

Summary Limited Use Policy Objectives Protected Evidence Questions

Need Information List yourself and the ASAP telephone numbers and locations.