opnavinst 5350.4 d - Navy Medicine - U.S. Navy
opnavinst 5350.4 d - Navy Medicine - U.S. Navy
opnavinst 5350.4 d - Navy Medicine - U.S. Navy
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OPNAVINST <strong>5350.4</strong>D<br />
4 Jun 09<br />
)r received counseling, treatment, or rehabilitation in any DoD<br />
substance abuse counseling, treatment, or rehabilitation program<br />
(which are maintained in connection with such program) may not<br />
ne introduced against the member in a court-martial, except as<br />
authorized by a court order issued under standards set forth in<br />
section 290dd-2 of title 42, United States Code (U.S.C.). Such<br />
records may be used for rebuttal or impeachment purposes where<br />
2v;dence of illegal substance use or alcohol abuse (or lack<br />
t3ereof) nds first been introduced by the member.<br />
;?. Llmirazlons on Use of Information. Disclosures made by a<br />
nember to substance abuse screening, counseling, treatment, or<br />
rehabilitarion personnel, relating to member's past substance<br />
Ise dbuse, or possession incident to such use, including<br />
lssclosures made at Alcoholics Anonymous meetings, or when<br />
aztendlng NdvyIMarine Corps prevention education or intervention<br />
:lasses, ma;- not be used against the member in any disciplinary<br />
~ction a~nder reference (b) or as basis for characterization of<br />
lischarge, provided information is disclosed by the member for<br />
:he expreFs purpose of seeking or obtaining treatment or<br />
rehabilirat ion.<br />
I. Trl2 provision does not preclude use of disclosed<br />
~nrormaricln to establish basis for separation in a separation<br />
uroceedinu, ro deny or revoke clearance eligibility by the DON<br />
3AF, or tc "ake other administrative action. Nor does it<br />
,preclude ~ritroduction of evidence for impeachment or rebuttal<br />
ourposes in any proceeding in which illegal substance abuse (or<br />
lack thereof' has first been introduced by the member.<br />
I . ;[st? of information disclosed by a member to persons<br />
~ther than rnllltary substance abuse program personnel is not<br />
Llmited ~nder this provision. Similarly, use of information<br />
llsclosed lr, response to official questioning in connection with<br />
Any lnvesrlgation or disciplinary proceeding will not be<br />
zonsldered :nformation disclosed for the purpose of seeking or<br />
~bta~ning treatment or rehabilitation and is not limited under<br />
+:his 0rov~s:on. '<br />
L 3 . 3isposltion of <strong>Navy</strong> Reservists. For guidance regarding<br />
:\lavy Reservists, see appendix D of this enclosure.<br />
Enclosure (1
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