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 />
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 />