Misconduct– Chapter 12 (Substance Abuse) Administrative Discharge Guide 88th RRC Fort Snelling MN 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

Introduction This guide is divided into 2 sections: Section 1 - Tutorial Version – - for first time users, new preparers of Misconduct Separation Packets. Section 2 - Create a Guide Version - Print out your own reference guide. 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

How to use this guide The tutorial version (section 1) will guide you step by step through the process of building an administrative discharge packet for a enlisted Soldier testing positive for illegal substances. At the bottom of many screens are links to forms and checklists. Use the links to help build your packet. Included in the forms links are many word documents which may be edited to your particular situation. 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

How to use this guide The condensed version (section 2) is found at the end of the tutorial. This version will link you to all the forms and checklists. By clicking on these forms, you can quickly assemble all the required documents and create your own user manual for your reference library. 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

Our goal The goal of the 88th RRC is for you to be able to… Build packets with ease Create legally sufficient packets Organize packets to uniformed standards Forward your misconduct separation packets with few or no errors Help minimize delays and create an efficient handoff of your packets 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

SECTION 1 - TUTORIALS References: AR 135-91: Feb 1, 2005, Service Obligations, methods of Fulfillment, Participation Requirements, and Enforcement Procedures AR 135-178: Mar 13, 2007, Enlisted Administrative Separations AR 600-85: Mar 24, 2006, Army Substance Abuse Program (ASAP) AR 600-8-2: Dec 23, 2004, Suspense of Favorable Personnel Actions (FLAGS) AR 380-67: Sept 9, 1988, Department of the Army Personnel Security Program Website: http://dasis3.samhsa.gov, Substance Abuse Treatment Facility Locator Points of Contact: 88th RRC Reserve Personnel Division: (612)713-3798 88th Staff Judge Advocate Office: (612)713-3405 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

Misconduct Infractions There are 5 infractions that constitute administrative discharge for misconduct: Minor disciplinary infractions A pattern of misconduct Commission of a serious offense Abuse of illegal drugs Civil Convictions. This tutorial focuses on Abuse of illegal drugs. Reference AR 135-178, Chapter 12, for definitions of each offense. 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

The Start to completing the packet You must properly build a packet to send forward in order for the discharge authority to legally discharge the Soldier. Without all required documents, your packet will be returned to you without further action until you have corrected the deficiencies. 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

Tutorial 1 – Substance Abuse Scenario: Soldiers in your unit were recently tested for substance abuse. You or your UPL have sent off the urine samples to the lab. The 88th ADCO (Alcohol and Drug Control Officer) then received the results of the test and have determined that one of your Soldiers has tested positive for an illegal substance. The 88th RRC ADCO sends the unit and the Commander the electronic version DD Form 2624 Urinalysis Report from the lab which identifies the Soldier that tested positive for illegal substances. Once you have identified the Soldier(s) on the urinalysis report that tested positive, you are ready to process the required forms in order to prepare an administrative separation packet. Sample of a electronic version DD form 2624 click here 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

Step 1 – Substance Abuse - Counsel / Flag Soldier 1. Upon identifying the Soldier for testing positive for illegal substances, the Commander must be notified and the Commander must counsel the Soldier. You must flag the Soldier with adverse action (A) in RLAS and create a DA Form 268. Print out a current PQR after you flag the Soldier Counseling form click here Sample of the DA form 268 click here 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

Step 2 – Prepare the Notification of Separation 1. Prepare Notification Of Separation a. Use notification 1 below if CDR recommends General under Honorable or an Honorable discharge and Soldier has less than 6 years of active federal service. b. Use notification 2 below if CDR recommends Other than honorable discharge and/or the Soldier has 6 or more years of service. Only the Unit Commander may sign the notification NOTIFICATION 1 FORM click here NOTIFICATION 2 FORM click here 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

STEP 3 – Election of Rights Click on the Election of Rights link below and place your unit and address on the top of the form. Print out the form. ELECTION OF RIGHTS FORM click here 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

Step 4 – Substance Abuse Treatment Facilities The Soldier must be assisted in finding a suitable treatment facility near his/her home of record. Go to: http://dasis3.samhsa.gov Search for the 10 closest facilities to the Soldier’s home of record and print out a copy of the facilities. Save a copy for your records 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

STEP 5 – Notify the Soldier 1. Have your commander sign the Notification of Separation and attach the Acknowledgement & Election of Right form / Treatment Facilities List to the back. 2. Send the Notification / Acknowledgement & Election of Rights form / Treatment Facility List to the soldier via certified mail - return receipt to the Soldier’s Home or record (as found on a current PQR). Keep a copy of these documents for your packet. NOTE: Keep a copy of the completed envelope and any mailing receipts. 3. Prepare an Affidavit of Service for this mailing. Affidavit of Service click here 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

Waiting for the Soldier’s Reply Upon receipt of the Notification/Acknowledgement & Election of Rights / Treatment Facility List, the Soldier is given 30 days to respond and complete the Acknowledgement & Election of Rights form and return this document to the Commander. One of 3 events will happen at this time. 1. The Soldier will not claim the letter or the address is undeliverable. The letter is returned to you. (Do not open the letter as it is used as evidence) Continue to build the packet at this time. 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

Waiting for the Soldier’s Reply (continued) 2. The soldier completes the Election of Rights form and returns this form to you within 30 days of receipt of the Notification (you can track receipt when the Soldier received the certified mail through :http://www.usps.com) At that time, you continue to build the packet. 3. The soldier signs for the certified letter and fails to complete the Acknowledgement & Election of Rights form within 30 days of receipt. You can then continue to build the packet. 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

STEP 6 – The Commanders Report The Commanders Report is a very important document that summarizes the Soldier’s record of performance and participation. Prepare this document with your Commander as it is his/her summary of the Soldier. The Commanders Report is the CG’s glance at the Soldier’s record. Be detailed and accurate. Only the Commander can sign this document. Commanders Report Form click here 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

You are ready to build the packet You should have in your possession the following items: 1. DD Form 2624 from the ADSO 2. Completed Commanders Report Form 3. Commanders Counseling DA Form 4856 4. List of state certified treatment facilities 5. Copy of the Notification 1 or 2 Form 6. Copy of Election of Rights Form (or completed Form) 7. Affidavit of Service 8. Copy of the envelope, certified green card and receipt (PS3800/3811) 8. DA Form 268 9. Personal Qualification Record (PQR) 10. All Soldier records (MPRJ, Health, Dental) Document Checklist click here 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

Prepare the endorsement documents You must send the completed misconduct packet through your intermediate commands. Print out a DA form 4187-1 and send it with the packet. The DA Form 4187-1 is used by the immediate commander to concur or not concur with the Company Commander’s recommendation. DA Form 4187-1 form click here 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

Review the packet for accuracy Ensure that you have all the required documents and placed them in the order prescribed on the document checklist. Complete a transmittal Letter (TL) in order to release control of the packet. 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

What’s next… The intermediate commanders will review the packet for legal sufficiency as well as concurring/not concurring with your commander’s recommendation. The packet will then be sent forward and be reviewed at the 88th RRC. If the packet is complete, it will be sent to the CG for final disposition. (30 days or more) 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

Summary The 88th RRC G-1 Staff are ready and able to assist you with your questions or comments. Feel free to call or email us. We will be glad to help make completing a misconduct packet a successful task and give you the confidence to complete misconduct packets. 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

Points of Contact 88th Reserve Personnel Division (612)713-3798 88th Office of the Staff Judge Advocate (612)713-3405 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

SECTION 2 – Condensed Version The Condensed Version of this guide offers you a quick and easy way to build your own reference guide. (the same one the 88th uses) Print out the various forms and checklists and bind them together for a quick reference document for your unit. The forms are placed in order from top to bottom. 4/21/2017 Version 2.1 - AR 135-178 Chapter 12

Build a guide…. 1. Guide Cover click here 2. Document Checklist click here 3. DA Form 4187-1 form click here 4. DD Form 2624 click here 5. Commanders Report Form click here 6. DA Form 4856 click here 7. Notification 1 Form click here 8. Notification 2 Form click here 9. Election of Rights Form click here 10. Affidavit of Service click here 11. DA Form 268 click here 4/21/2017 Version 2.1 - AR 135-178 Chapter 12