Mco p1900.16f w ch 1-2 marine corps separation and retirement

1004 MARINE CORPS SEPARATION AND RETIREMENT MANUALd. Conduct by Reservists. Conduct in the civilian community by a memberof the inactive reserves (including the IRR) who, at the time of the conduct,is not on active duty, or active duty for training, may form the basis forcharacterization under other than honorable conditions only if such conductdirectly affects the performance of military duties (service related). Suchconduct may form the basis of characterization as general (under honorableconditions) only if such conduct adversely affects the overall effectivenessof the Marine Corps including military morale and efficiency.*e. Drug Abuse. Confirmed illegal drug use requires mandatoryadministrative separation processing. If processing is based solely uponevidence that may not be considered in determining characterization ofservice, the separation authority may direct retention, or approve anhonorable or general (under honorable conditions) characterization of serviceas warranted by the respondent's service record. In all other administrativeseparation proceedings based on drug abuse, the GCMCA may act as theseparation authority and take final action in accordance with paragraph 6309(except in cases that must be forwarded to the Secretary of the Navy or theCMC under subparagraph 1004.4c or paragraph 6307). See SECNAVINST 5300.28series for a detailed discussion.(1) Using urinalysis results. Evidence obtained from an involuntaryurinalysis taken under Military Rules of Evidence 312-316 (bodily or medicalexaminations or intrusions, inspections, search, or seizure) may be used indetermining characterization and can support OTH characterization. Urinalysisresults obtained during fitness for duty examinations, if not based onprobable cause or valid medical purpose, cannot be used as the basis forunfavorable characterization except when used for impeachment or rebuttal inany proceeding in which evidence of drug abuse has been first introduced bythe Marine.(2) Rehabilitation. A Marine's voluntary submission to a DoDtreatment and rehabilitation program, and evidence voluntarily disclosed bythe Marine as part of the course of treatment in such a program, may not beused against the Marine on the issue of characterization of service. In suchcases, the separation authority may only direct or approve an honorable orgeneral (under honorable conditions) characterization of service as warrantedby the respondent's service record if the separation authority does not directretention. This limitation does not apply to:(a) Introducing evidence for impeachment or rebuttal in any proceedingin which evidence of drug abuse has been first introduced by the Marine; or(b) The taking of action based on independently derived evidence,including evidence of continued drug abuse after initial entry into atreatment and rehabilitation program; information disclosed by the Marine topersons other than military substance abuse program personnel; or informationdisclosed in connection with investigation or disciplinary proceedings.1-12Ch 2