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opnavinst 5350.4 d - Navy Medicine - U.S. Navy

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OPNAVINST <strong>5350.4</strong>D<br />

4 Jun 09<br />

Self-Referral (Drug Abuse). Process by which a <strong>Navy</strong> member who<br />

nelieves that they are dependent (addicted) on drugs may report<br />

o a qualitled self-referral representative (as listed in<br />

yarayraph 2h of this instruction) and receive screening at a<br />

h;ARP faciilty for official determination of drug dependency).<br />

14embers found to be drug dependent will be exempt from<br />

Ilsclpllnary action for drug abuse if they accept and<br />

gart~cipate in treatment offered by the <strong>Navy</strong>. However, a valid<br />

;e-t-referral is still considered an incident of drug abuse, and<br />

_he member wlll be processed for ADSEP. Type of discharge will<br />

ne characterized by their overall service record, not just the<br />

-ncldenr ct drug abuse. Members found not drug dependent, but<br />

uho have Lsea drugs, will not be exempt from disciplinary<br />

dct lor:, ~71 l i 3e disciplined as appropriate, and will be<br />

r~rocessed ADSEP. Members found not drug dependent, and who<br />

'lave not ~sed drugs, but attempted to, will be disciplined<br />

~ppropriareiy and processed for ADSEP or retained and returned<br />

-3 duty per with the needs of the <strong>Navy</strong>.<br />

Serious Offense. Any offense committed by a member for which a<br />

. .<br />

uunltlve cischarge, or confinement for 1 year, would be<br />

iuthorizec by the Manual for Courts-Martial for the same or a<br />

10sel~~- related offense. See reference (f), article 1910-142<br />

for enlis'ed members and article 1611-010 for officers.<br />

Substantiated DUI/DWI. A charge of DUI/DWI is considered<br />

substantiated if there is a conviction by a military or civilian<br />

-ourt, a t ~nding of guilty at NJP, or if, in the judgment of the<br />

:ornrnandlng otficer, the available evidence supports the<br />

~ilegatix- +hat the member was in operation of a motor vehicle,<br />

iessel, ar craft while under the influence of, or intoxicated by<br />

2lcohol ard or other drugs in violation of local statutes,<br />

regclatiors and/or reference (b) . Upon notification or report<br />

15 a member's arrest for DUI/DWI, commanding officers must<br />

investigate the circumstances, consider all relevant facts<br />

1i.s.. police report, eyewitness statements, member's statement,<br />

3AC test result) and make a determination of validity of the<br />

2haryes. Refer to reference (a) for detailed description of a<br />

;ubstantiated DUI/DWI offense.<br />

Threat Assessment. Assessment of the impact and potential<br />

:rnpacE of alcohol or other drugs on a command, geographical<br />

3 e . 1 variety of data and reports make up the threat<br />

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