AFH 1 · Chapter 20 · Section 20.16

Drug Testing

Part of Customs, Courtesies, and Tradition · 2 sections · ~592 words · WAPS PFE study material

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Drug Testing — Foundation and Inspection (MRE 313)

Drug Testing as Deterrent

Drug Testing = Deterrent

The USAF conducts drug testing of personnel according to DAFMAN 44-197.

Effective Deterrent

Drug testing is an effective deterrent for the illegal use of drugs; therefore, USAF military members are subject to testing regardless of:

Grade
Status
Position

Sample Provision

Military members may:

Receive an order, OR
Voluntarily consent

…to provide urine samples at any time.

UCMJ for Refusal

Military members who fail to comply with an order to provide a urine sample are subject to punitive action under the UCMJ.

Commander-Directed Testing Limit

CDT Last Resort

Commander-directed testing should ONLY be used as a LAST RESORT because the results may NOT be used for:

Disciplinary action under the UCMJ
To characterize an administrative discharge

Inspection under Military Rule of Evidence 313

MRE 313 Inspection

In general, an inspection is an examination conducted as an incident of command, the primary purpose of which is to determine and ensure:

Security
Military fitness
Good order and discipline of a unit, organization, or installation

Inspection Methods

Inspections may:

Utilize any reasonable natural or technological aid
Be conducted with or without notice to those inspected

Use of Positive Result

MRE 313 Positive Use

The positive result of a urine sample may be used to:

Refer a member for a substance use evaluation
As evidence to support disciplinary action under the UCMJ or administrative discharge action
As a consideration on the issue of characterization of discharge in administrative discharges

Drug Testing — Probable Cause (MRE 315), Medical, and Self-Identification

Probable Cause Search under Military Rule of Evidence 315

MRE 315 Probable Cause

A probable cause search requires a search and seizure authorization from the appropriate authority in order to seize a urine specimen.

Authority Sources

PC Authority Sources

Authorization may come from:

Appropriate commander
Military judge
Military magistrate
Other competent search authority

Probable Cause Defined

PC Defined

Probable cause exists when there is a reasonable belief that evidence of illegal drug use will be found in the system of the member to be tested.

Use of Results

MRE 315 Use of Results

Results may be used as evidence to support:

Disciplinary action under the UCMJ
Administrative discharge action

Medical Purposes

Medical Examinations Use

Results of any examination conducted for a valid medical purpose may be used to identify drug abusers, including:

Emergency medical treatment
Periodic physical examination
Other examinations necessary for diagnostic or treatment purposes

Use of Medical Results

Medical Use of Results

Results may be used as evidence to support:

Disciplinary action under the UCMJ
Administrative discharge action

Self-Identification

Self-ID Eligibility

USAF members NOT currently under investigation or pending action, with:

Alcohol problems
Substance use problems
Personal drug use or possession

…are encouraged to seek assistance from:

Unit commander
First sergeant
Substance use counselor
Military medical professional

ADAPT Process

ADAPT Treatment Plan

Following an assessment, the ADAPT program manager will consult with the treatment team and determine an appropriate clinical course of action.

Self-ID Protection

Commanders MAY NOT use voluntary self-identification of a substance use problem against a member in:

An action under the UCMJ
When determining the appropriate characterization of service in an administrative discharge action

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