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

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Presentation transcript:

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 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.

 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. Protected Evidence

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.