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beachhead06
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This is not legal counsel and all information is provided for entertainment only.
Here is some info about drug testing in the military, and was cross checked against military instructions, Department of Defense Forms, etc... This info has been taken from "Air Force Times, 24 March 2008", "Air Force Instruction 44-120, Drug Abuse Testing Program 01 July 2000", and personal experience. This is only meant to give you a basic understanding of the military drug testing process and in no way, is to be considered legal advice.
Random Testing, a commander can order that either a random selection or his entire unit be tested. When a commander selects random testing it is usually done by selecting the last digit of social security numbers. The results of a 100% testing or random testing can be used in a court-martial, Article 15 (non-judicial punishment), or involuntary discharge.
Urinalysis Search Affidavits (Search Warrant) A commissioned officer can ask for permission from the installation, or post commander to search the premisses of a personnel’s quarters. The commissioned officer must have probable cause and the installation / post commander must consult with a staff judge advocate before authorizing the military search affidavit (search warrant) If the search affidavit is specifically for a urinalysis the member must provide a sample, if the member refuses to provide a urine sample the commander is authorized to take a blood sample... (yes Uncle Sam will have his sample one way or another.) I know a active duty military member whom had a urinalysis while in the middle of a cycle and didn’t have a problem, this is because commanders usually only use a urinalysis for recreational drugs. But if the commander has reason to believe the member is using steroids he can ask for a urinalysis specifically for steroids. The results of a urinalysis done with a search affidavit can be used at a court-martial, Article 15, or involuntary discharge. If the commander doesn’t have a probable cause search affidavit, he can “ask” you to “consent”. But you don’t have to consent to a urinalysis with out a search affidavit. If you do consent and the test come back positive for illegal substances then the results can be used in a court-martial, Article 15, or involuntary discharge. It would usually behoove you to refuse a non-search affidavit request. Once you refuse the request the your commander will probably order you to provide a sample (which you can not refuse) but; the results of the test may not be used for a court-martial or Article 15. Though the results may be used for a administrative discharge but may not be used to determine the characterization of the member’s service.
Military entrance processing testing. When a person enters the military he/she will go though a long list of medical screening which will include of course a drug test. You do not have a right to refuse. In the past the military has allowed personnel to re-process medical entrance processing if you fail (up to four times!) But that may have since charged with the Operation Enduring Freedom, and Operation Iraqi Freedom coming up on 7 years soon and the force reshaping...
Testing Positive. If you do test positive for contraband you can take some heart in there being a secondary testing which is supposed to prevent false positives so you may have better luck on the second test... Also if you do test positive one of your best bets may be to examine the chain of custody form (this is DD Form 2624). In fact problems with the integrity of the DD Form 2624 is the single largest reason for a drug test being dismissed. In the U.S.A.F. testing must comply with AFI 44-120.
This is not legal counsel and all information is provided for entertainment only.
Here is some info about drug testing in the military, and was cross checked against military instructions, Department of Defense Forms, etc... This info has been taken from "Air Force Times, 24 March 2008", "Air Force Instruction 44-120, Drug Abuse Testing Program 01 July 2000", and personal experience. This is only meant to give you a basic understanding of the military drug testing process and in no way, is to be considered legal advice.
Random Testing, a commander can order that either a random selection or his entire unit be tested. When a commander selects random testing it is usually done by selecting the last digit of social security numbers. The results of a 100% testing or random testing can be used in a court-martial, Article 15 (non-judicial punishment), or involuntary discharge.
Urinalysis Search Affidavits (Search Warrant) A commissioned officer can ask for permission from the installation, or post commander to search the premisses of a personnel’s quarters. The commissioned officer must have probable cause and the installation / post commander must consult with a staff judge advocate before authorizing the military search affidavit (search warrant) If the search affidavit is specifically for a urinalysis the member must provide a sample, if the member refuses to provide a urine sample the commander is authorized to take a blood sample... (yes Uncle Sam will have his sample one way or another.) I know a active duty military member whom had a urinalysis while in the middle of a cycle and didn’t have a problem, this is because commanders usually only use a urinalysis for recreational drugs. But if the commander has reason to believe the member is using steroids he can ask for a urinalysis specifically for steroids. The results of a urinalysis done with a search affidavit can be used at a court-martial, Article 15, or involuntary discharge. If the commander doesn’t have a probable cause search affidavit, he can “ask” you to “consent”. But you don’t have to consent to a urinalysis with out a search affidavit. If you do consent and the test come back positive for illegal substances then the results can be used in a court-martial, Article 15, or involuntary discharge. It would usually behoove you to refuse a non-search affidavit request. Once you refuse the request the your commander will probably order you to provide a sample (which you can not refuse) but; the results of the test may not be used for a court-martial or Article 15. Though the results may be used for a administrative discharge but may not be used to determine the characterization of the member’s service.
Military entrance processing testing. When a person enters the military he/she will go though a long list of medical screening which will include of course a drug test. You do not have a right to refuse. In the past the military has allowed personnel to re-process medical entrance processing if you fail (up to four times!) But that may have since charged with the Operation Enduring Freedom, and Operation Iraqi Freedom coming up on 7 years soon and the force reshaping...
Testing Positive. If you do test positive for contraband you can take some heart in there being a secondary testing which is supposed to prevent false positives so you may have better luck on the second test... Also if you do test positive one of your best bets may be to examine the chain of custody form (this is DD Form 2624). In fact problems with the integrity of the DD Form 2624 is the single largest reason for a drug test being dismissed. In the U.S.A.F. testing must comply with AFI 44-120.
This is not legal counsel and all information is provided for entertainment only.
