SFC Private RallyPoint Member 1262938 <div class="images-v2-count-0"></div> How long is too long for a drug test to come back and bite a Soldier? Is there a statute of limitations? 2016-01-27T17:36:52-05:00 SFC Private RallyPoint Member 1262938 <div class="images-v2-count-0"></div> How long is too long for a drug test to come back and bite a Soldier? Is there a statute of limitations? 2016-01-27T17:36:52-05:00 2016-01-27T17:36:52-05:00 SFC Private RallyPoint Member 1262948 <div class="images-v2-count-0"></div>Soon as it is tested, the command will know as well as that soldier would know. Response by SFC Private RallyPoint Member made Jan 27 at 2016 5:41 PM 2016-01-27T17:41:59-05:00 2016-01-27T17:41:59-05:00 SSG Clarence Blackburn 1262992 <div class="images-v2-count-0"></div>There is no time limit on that. Response by SSG Clarence Blackburn made Jan 27 at 2016 5:55 PM 2016-01-27T17:55:55-05:00 2016-01-27T17:55:55-05:00 1SG Private RallyPoint Member 1262999 <div class="images-v2-count-0"></div>They are supposed to be handled in a timely manner, but there is no time limit on actions until the Soldier is notified of the positive test results. Then the clock starts ticking on a rebuttal, a written response, the commander's determination, and so on. Response by 1SG Private RallyPoint Member made Jan 27 at 2016 5:57 PM 2016-01-27T17:57:43-05:00 2016-01-27T17:57:43-05:00 MAJ Private RallyPoint Member 1263061 <div class="images-v2-count-0"></div>yes it is post separation, unless they decide to prosecute then the statute of limitations coincides with your death. Response by MAJ Private RallyPoint Member made Jan 27 at 2016 6:17 PM 2016-01-27T18:17:15-05:00 2016-01-27T18:17:15-05:00 SFC Private RallyPoint Member 1263101 <div class="images-v2-count-0"></div>To answer your question just like many of the leaders have Said! It is supposed to be done in a timely manner but the testing center can be backed up with other units that have sent theirs also! Depending on how the testing (IR) usually take a two week time period but not guaranteed. The testing is a official test and has no time limit for results to get back! But beware that is the Soldier know how the process is supposed to be done and you as the UPL did not have everything set up correctly, of that Soldier is to piss hot he can fight it and the test results can be thrown out. As the UPL you must ensure that you are following Regulations on the entire process. Response by SFC Private RallyPoint Member made Jan 27 at 2016 6:37 PM 2016-01-27T18:37:59-05:00 2016-01-27T18:37:59-05:00 SFC Private RallyPoint Member 1263106 <div class="images-v2-count-0"></div>Once the results for a smart test come back, the DTC (Drug Test Coordinator) contacts the unit commander and let's them know that there was a positive. The UPL then has to go and sign for the packet, bring it back to the unit, then consult with legal on what actions will be taken from there. If a hot result takes an extended period of time to get to a soldier, he should consult legal. Response by SFC Private RallyPoint Member made Jan 27 at 2016 6:39 PM 2016-01-27T18:39:15-05:00 2016-01-27T18:39:15-05:00 LTC Charles T Dalbec 1263161 <div class="images-v2-count-0"></div>Check with higher HQs as it may have been lost. There is a chain of custody so it will be known where it is. Ok? Response by LTC Charles T Dalbec made Jan 27 at 2016 7:00 PM 2016-01-27T19:00:14-05:00 2016-01-27T19:00:14-05:00 CW2 Private RallyPoint Member 1263210 <div class="images-v2-count-0"></div>The statue of limitations is your contract and overall obligation. From the day you started in the military to the day your DD214 is signed. If the test occurs on active duty or during your Reserve time you are subject to action under the UCMJ. Response by CW2 Private RallyPoint Member made Jan 27 at 2016 7:14 PM 2016-01-27T19:14:34-05:00 2016-01-27T19:14:34-05:00 SGT(P) Private RallyPoint Member 1263302 <div class="images-v2-count-0"></div>Asking for a friend, right? Response by SGT(P) Private RallyPoint Member made Jan 27 at 2016 7:46 PM 2016-01-27T19:46:30-05:00 2016-01-27T19:46:30-05:00 SSG Private RallyPoint Member 1263397 <div class="images-v2-count-0"></div>If your asking this question there is something wrong. No drugs at any time with out a doctors prescription or under doctors orders Response by SSG Private RallyPoint Member made Jan 27 at 2016 8:32 PM 2016-01-27T20:32:30-05:00 2016-01-27T20:32:30-05:00 CPT Private RallyPoint Member 1263715 <div class="images-v2-count-0"></div>Give us some more context. Is this an old drug test that was punished at the time and you're asking about the record of it being damaging? Is this a drug test that was done, but it took awhile to test the sample? Is this a sample that was tested positive years ago, but they are just now trying to punish the soldier? Response by CPT Private RallyPoint Member made Jan 27 at 2016 11:14 PM 2016-01-27T23:14:37-05:00 2016-01-27T23:14:37-05:00 SSG Private RallyPoint Member 1263816 <div class="images-v2-count-0"></div>Glad I never had meat gazer duty. Response by SSG Private RallyPoint Member made Jan 28 at 2016 1:07 AM 2016-01-28T01:07:02-05:00 2016-01-28T01:07:02-05:00 SSG Brian MacBain 1263867 <div class="images-v2-count-0"></div><a class="dark-link bold-link" role="profile-hover" data-qtip-container="body" data-id="156246" data-source-page-controller="question_response_contents" href="/profiles/156246-88m-motor-transport-operator">SFC Private RallyPoint Member</a> When I was stationed in Korea and Fort Huachuca AZ, I was Unit UPL (aka tester) . In Korea, the samples was shipped to Japan (if I remember that right, been 13yrs) so it took a week to get the results and for AZ, not sure that went, but week as well I believe. As the tester, we do not see the results. The results was sent to the CDR and 1SG. They in turn will tell the UPL that there was a hit on the test. The UPL will mark the records (no names, if I remember that right) and the 1SG and CDR will inform the soldier of the results. There been some cases where it came back hot, however when the soldier is brought in, the CDR/1SG will ask if he/she was taking any medicines at that time. If so, he/she better have a current prescription. That soldier should have inform the UPL so the UPL can mark it in the records. Response by SSG Brian MacBain made Jan 28 at 2016 2:10 AM 2016-01-28T02:10:21-05:00 2016-01-28T02:10:21-05:00 1stSgt Eugene Harless 1263903 <div class="images-v2-count-0"></div>The turn-around for urinalysis was pretty short even when I retired in 2000 (3-4 weeks at most). As far as I know there is no credible reason for a command to sit on a positive return. If someone is concerned about popping positive and they aren't called on the carpet within a dfew weeks of the test the chances are the results were negative or the sample was tossed due to chain of custody/ testing irregularity. Response by 1stSgt Eugene Harless made Jan 28 at 2016 3:29 AM 2016-01-28T03:29:04-05:00 2016-01-28T03:29:04-05:00 CPO Donald Crisp 1265008 <div class="images-v2-count-0"></div>Does it matter how long or short it is? Do drugs while your in the military, take a hike. Sorry, I don&#39;t believe in grey areas, especially with this topic. When I was serving, my life as well as my crews lives were depending on clear minds and in some cases split second responses. Response by CPO Donald Crisp made Jan 28 at 2016 2:02 PM 2016-01-28T14:02:26-05:00 2016-01-28T14:02:26-05:00 SPC Brian Malgesini 1265123 <div class="images-v2-count-0"></div>I popped hot on a UA at the beginning of my first contract (young and dumb). Received an article 15 extra duty loss of rank loss of pay, i took it as a learning experience grew up moved on earned back my rank served my contract got out with an honorable discharge. That was 2002 in 2012 i was working as an electrician and got a job ticket at the local jail and they wouldn let me work of because their background check stated i was sitting on a bench at the mp's on ft riley waiting to be released from a felony arrest as part of the due process for that ua 10 years ago. So yeah it can follow you for a while Response by SPC Brian Malgesini made Jan 28 at 2016 2:41 PM 2016-01-28T14:41:51-05:00 2016-01-28T14:41:51-05:00 MAJ Private RallyPoint Member 1265455 <div class="images-v2-count-0"></div>The CDR has 3 business days from when the offense was known (results published) to initiate UCMJ/ administrative action. However, for a urinalysis, the "effective date" is the date the Soldier gave the specimen. this is important because sometimes results take a month to come back. Response by MAJ Private RallyPoint Member made Jan 28 at 2016 4:41 PM 2016-01-28T16:41:17-05:00 2016-01-28T16:41:17-05:00 SGM Debra Bradshaw 1265505 <div class="images-v2-count-0"></div>There is no time limit on 'misdeeds'. We used to audit finance records back 20 years if a red flag went up. The sample or urine itself will only be retestable for a limited amount of time and then the sample goes bad. After that it becomes a matter of record and they can 'set aside' findings. Now, all this depends on the command and what your personal record of performance is... NCOER's, character statements, etc. I would suggest you stay clean and fly right. They could call you in at anytime, especially if you've popped hot. I saw one come back 2 years later. Response by SGM Debra Bradshaw made Jan 28 at 2016 5:02 PM 2016-01-28T17:02:35-05:00 2016-01-28T17:02:35-05:00 SPC Randall Eichelberger 1265659 <div class="images-v2-count-0"></div>You're looking for Article 112a if you're wondering about statute of limitations. Response by SPC Randall Eichelberger made Jan 28 at 2016 5:59 PM 2016-01-28T17:59:35-05:00 2016-01-28T17:59:35-05:00 SSG Private RallyPoint Member 1265678 <div class="images-v2-count-0"></div>There is no limitatations, as long as the specimen was stored in accordance with AR 600-85, and all paperwork was in order, then all specimens are considered valid. Response by SSG Private RallyPoint Member made Jan 28 at 2016 6:09 PM 2016-01-28T18:09:24-05:00 2016-01-28T18:09:24-05:00 PO1 John Miller 1266111 <div class="images-v2-count-0"></div><br />If there's a prescription involved, what's the problem/why are UCMJ charges being filed? Response by PO1 John Miller made Jan 28 at 2016 9:35 PM 2016-01-28T21:35:07-05:00 2016-01-28T21:35:07-05:00 Maj Private RallyPoint Member 1266459 <div class="images-v2-count-0"></div>I was a JAG for over 5 years and an officer for over 13. The UCMJ has a statute of limitations of 5 years for a court martial and 2 years for an Article 15 for all offenses except those offenses that are more egregious (i.e. murder, rape, etc.) Response by Maj Private RallyPoint Member made Jan 29 at 2016 1:15 AM 2016-01-29T01:15:56-05:00 2016-01-29T01:15:56-05:00 1SG Private RallyPoint Member 1268675 <div class="images-v2-count-0"></div>No limit as long as chain of custody was not broken and samples were stored properly. However if a retest is requested they will retest the sample they already have, not collect a new one like people tend to think. Response by 1SG Private RallyPoint Member made Jan 30 at 2016 9:57 AM 2016-01-30T09:57:24-05:00 2016-01-30T09:57:24-05:00 SGT Private RallyPoint Member 1268959 <div class="images-v2-count-0"></div>no statute...zero tolerance=zero tolerance. My mom asked me, 'hey we're here in Amsterdam with you, why don't your dad, you and I go over to that bar and buy a pack of Acapulco Gold?' I said 'mom, like EVERYONE else that comes off of ANY leave, let alone Amsterdam, and pretty much at the drop of a hat, the Army is gonna have me drop a piss test the second I come off of leave, it SO isn't worth it.' Guess what, no sooner did I sign OUT of leave and INTO my company when I got back to SHAPE, they dropped me. My mom was stunned....that same day, 4 people that came back, dropped hot, and guess what? yep, bye-bye. Response by SGT Private RallyPoint Member made Jan 30 at 2016 12:22 PM 2016-01-30T12:22:49-05:00 2016-01-30T12:22:49-05:00 LTC Private RallyPoint Member 1269015 <div class="images-v2-count-0"></div>Not only is there no statute of limitations, but a positive test result has implications far beyond UCMJ. It counts as derogatory information for security clearances and other NACs. Response by LTC Private RallyPoint Member made Jan 30 at 2016 12:42 PM 2016-01-30T12:42:21-05:00 2016-01-30T12:42:21-05:00 SGT Private RallyPoint Member 1269368 <div class="images-v2-count-0"></div>I believe it is 24 months from the date of the drug test results. Response by SGT Private RallyPoint Member made Jan 30 at 2016 3:10 PM 2016-01-30T15:10:51-05:00 2016-01-30T15:10:51-05:00 SGT Private RallyPoint Member 1269770 <div class="images-v2-count-0"></div>We had one who popped for pot. But they gave a punishment and later wanted to discharge but jag was against it, since she already recieved a punishment sometime earlier. <br /><br />Granted this is the researves, and her team and squad leader knew of her personal issues as well as leaders outside of her CoC and went to bat and assisted her to receive help and guidance. Response by SGT Private RallyPoint Member made Jan 30 at 2016 6:11 PM 2016-01-30T18:11:04-05:00 2016-01-30T18:11:04-05:00 SGT Private RallyPoint Member 1270713 <div class="images-v2-count-0"></div>Or they could use synthetics and not worry about piss tests. Still, I say I'd rather have our soldiers smoking pot than drinking alcohol. <br /><br />Let's just say I was a lot more attentive in ASAP training, because they teach bullshit, and I always told my commander I'd do the training but only take one thing away from it....military leadership still has reefer madness, while the alcohol issues skyrocket. And I don't care what the regulation says about the glorification of alcohol when the Budweiser semi goes and parks in the middle of the parade field. I got out because the hypocrisy of it all. I literally couldn't take any more of bullshit they peddle about pot, when the biggest issue with drugs in the military is alcohol, prescription abuse, and synthetic drugs which are on the rise in the military because of piss tests..mainly because they just want to smoke a Joint but can't, so they go to something that "mimicked" it. <br /><br />Any questions for me regarding synthetic pot? I've probably got answers for you. Yes, you can still get in serious shit for having it in your possession, no I wasn't kicked out for using it but was caught through a navy chick who snitched on her husband and myself. Yes, we got article 15s for it. Do I regret it? No, not one bit. I hate booze and the reason I used it is for the reason stated above, plus my dislike for alcohol. <br /><br />So, go ahead, AMA.. Response by SGT Private RallyPoint Member made Jan 31 at 2016 10:05 AM 2016-01-31T10:05:40-05:00 2016-01-31T10:05:40-05:00 SGT Private RallyPoint Member 1270968 <div class="images-v2-count-0"></div>I've you've taken an illegal substance then I have no sympathy for any UCMJ action that comes your way whether that's today or the day before retirement. You brought it upon yourself and have no one to blame but yourself. Response by SGT Private RallyPoint Member made Jan 31 at 2016 12:05 PM 2016-01-31T12:05:09-05:00 2016-01-31T12:05:09-05:00 1LT Lydia Hales 1270987 <div class="images-v2-count-0"></div>There's a huge national debt and the government wants to spend money retesting old samples? There's a good use of tax payer money. Response by 1LT Lydia Hales made Jan 31 at 2016 12:23 PM 2016-01-31T12:23:03-05:00 2016-01-31T12:23:03-05:00 SSG Private RallyPoint Member 1273967 <div class="images-v2-count-0"></div>Despite all of the personal opinions being posted here about drug use and the military....according to the Manual for Courts Martial (2012 Edition) the time limit for NJP is as follows....<br /><br />(4) Statute of limitations. Except as provided in Article 43(d), nonjudicial punishment may not be imposed for offenses which were committed more than 2 years before the date of imposition. See Arti- cle 43(c). Response by SSG Private RallyPoint Member made Feb 1 at 2016 8:07 PM 2016-02-01T20:07:58-05:00 2016-02-01T20:07:58-05:00 SPC Michael Hamilton 1274523 <div class="images-v2-count-0"></div>Ok well your federal career is over, but how about you go get some treatment and get back on the horse? Response by SPC Michael Hamilton made Feb 2 at 2016 3:38 AM 2016-02-02T03:38:47-05:00 2016-02-02T03:38:47-05:00 CPT Private RallyPoint Member 1275017 <div class="images-v2-count-0"></div>It was probably tested earlier and just not reported timely. Happens a lot. As TDS in the reserves I have seen people involuntarily separated on a test they took almost 4 years prior to the separation action and the guy was promoted twice, E3 to E4, E4 to E5. He was sill separated with an OTH.... good luck, bad choice in this day and age. Pray the GOCA isnt the 143d. Response by CPT Private RallyPoint Member made Feb 2 at 2016 10:30 AM 2016-02-02T10:30:38-05:00 2016-02-02T10:30:38-05:00 SPC Scott Sayre 1276592 <div class="images-v2-count-0"></div>I was careless and found myself being made an example. It cost me two ranks, fines and extra duties. But my CO was kind, or maybe I impressed him somehow, cause he made it so that I could recover quickly and record of the incident was buried. Only the CID or other investigators could get to it. So I'd have to say that it depends on many things. Response by SPC Scott Sayre made Feb 2 at 2016 9:23 PM 2016-02-02T21:23:38-05:00 2016-02-02T21:23:38-05:00 SFC Private RallyPoint Member 1276743 <div class="images-v2-count-0"></div>I have worked as a Drug Testing Coordinator and I'm an Alcohol and Drug Control Officer (ADCO). After reading all these post seems like Iowa is doing it right. We error on the Side of the Soldier and do not send specimens forward that are more than 90 days old. Due process. A positive test is no joke, however. Response by SFC Private RallyPoint Member made Feb 2 at 2016 10:45 PM 2016-02-02T22:45:14-05:00 2016-02-02T22:45:14-05:00 Cpl Denis Dearborn 1276776 <div class="images-v2-count-0"></div>This is an age old question just like anabolics have been debated for years even when the US Military used to test them on our brothers in uniform to find out the capabilities of performance enhancing drugs. Funny thing is, those who were under the testing from the very government they took an oath to serve/ Yup, discharged for illegal drug use...................... Frankly, our entire judicial system is complete and utter BS. It doesn't matter if you have a SOL on anything because even after you serve your time/punishment, it still follows you around. Just ask anyone who served a prison term for say "habitual offender/driving without a licence" because they live in a town with no public transportation, have a wife and 3 kids to support but, the 4 cops on the department all had their asses kicked by said person in high school so they sit at the ends of the roads they knew he needed to take to support said family and hence, now is considered an evil man in society for trying to take care of a family.................lol...NJP is no different and if you think asking them to change your discharge is going to happen, not unless you know someone in high political office is that going to happen. If you piss hot and they miss it, it should be a case of to bad, so sad you missed it. On the other hand, what is the drug? Is it marijuana which will be legalized within the next 10 years? What then? Will employers and the military still have a no "evil marijuana" even though more military are killed from booze than any other substance and not to mention, getting drunk is a celebrated past time in all branches...... I'm sorry that I have not given a cut and dry answer, I just feel our system is to far gone to even care. Response by Cpl Denis Dearborn made Feb 2 at 2016 11:09 PM 2016-02-02T23:09:48-05:00 2016-02-02T23:09:48-05:00 SMSgt William Hassiepen 1277467 <div class="images-v2-count-0"></div>Not sure I understand this, when I was in and you tested positive most of the time you got the boot. Response by SMSgt William Hassiepen made Feb 3 at 2016 10:37 AM 2016-02-03T10:37:58-05:00 2016-02-03T10:37:58-05:00 AN Neil McKain 2556771 <div class="images-v2-count-0"></div>Should not be an issue. The service should leave sleeping dogs lie. Response by AN Neil McKain made May 9 at 2017 2:09 PM 2017-05-09T14:09:31-04:00 2017-05-09T14:09:31-04:00 SSG Private RallyPoint Member 2557031 <div class="images-v2-count-0"></div>Yes Response by SSG Private RallyPoint Member made May 9 at 2017 4:27 PM 2017-05-09T16:27:26-04:00 2017-05-09T16:27:26-04:00 PFC Ana Banda-Garces 2558064 <div class="images-v2-count-0"></div>Na Response by PFC Ana Banda-Garces made May 10 at 2017 12:35 AM 2017-05-10T00:35:33-04:00 2017-05-10T00:35:33-04:00 PFC Ana Banda-Garces 2558066 <div class="images-v2-count-0"></div>It should not Response by PFC Ana Banda-Garces made May 10 at 2017 12:35 AM 2017-05-10T00:35:53-04:00 2017-05-10T00:35:53-04:00 A1C Jerry Kraase 2561130 <div class="images-v2-count-0"></div>As far as I know, there is no statute of limitation on this. It&#39;s one of those things that will always come back to bite you. It&#39;s unfortunate that the rules are so strict, but those rules are in place to protect not just you, but the people around you as well. Response by A1C Jerry Kraase made May 11 at 2017 9:14 AM 2017-05-11T09:14:57-04:00 2017-05-11T09:14:57-04:00 SPC Robert Gilhuly 2561270 <div class="images-v2-count-0"></div>I would say two years, given an opportunity for a Soldier to clean themselves up, this my personal opinion Response by SPC Robert Gilhuly made May 11 at 2017 10:17 AM 2017-05-11T10:17:49-04:00 2017-05-11T10:17:49-04:00 SSG Richard Kurr 2561597 <div class="images-v2-count-0"></div>Never too long, 15 years of impecable behavior should always trump 15 years of great behavior and pissing hot once Response by SSG Richard Kurr made May 11 at 2017 12:43 PM 2017-05-11T12:43:03-04:00 2017-05-11T12:43:03-04:00 CPL Oscar Barragan 2563968 <div class="images-v2-count-0"></div>Well the law states that 7 years is the statute of limitations for everything except murder, treason and embezzlement of public funds. Response by CPL Oscar Barragan made May 12 at 2017 9:14 AM 2017-05-12T09:14:51-04:00 2017-05-12T09:14:51-04:00 Cpl Rc Layne 2943923 <div class="images-v2-count-0"></div>I can&#39;t speak for the present day, but I saw several SNCOs lose it all when I was on active duty 25 plus years ago. On the first failure. Response by Cpl Rc Layne made Sep 24 at 2017 7:56 PM 2017-09-24T19:56:19-04:00 2017-09-24T19:56:19-04:00 SGM Bill Frazer 3677290 <div class="images-v2-count-0"></div>The regs are specific- you WILL NOT use drugs- so the piss test time length is immaterial- it&#39;s positive- then you were using and now you are out! Response by SGM Bill Frazer made Jun 1 at 2018 5:48 PM 2018-06-01T17:48:17-04:00 2018-06-01T17:48:17-04:00 A1C Ronald Harris 3896351 <div class="images-v2-count-0"></div>They have results in minutes now. It doesn&#39;t takes more than a few hours at best. You would know by now if its been a while. Response by A1C Ronald Harris made Aug 20 at 2018 6:05 PM 2018-08-20T18:05:12-04:00 2018-08-20T18:05:12-04:00 SSG(P) Private RallyPoint Member 3900016 <div class="images-v2-count-0"></div>This is a question for the drug testing coordinator. Once the commander revived the “positive” notification he has 2 or 3 days to react or initiate. The whole no time limit comes to play is turning in samples, but it’s frowned upon if it keep it too long. Response by SSG(P) Private RallyPoint Member made Aug 22 at 2018 12:05 AM 2018-08-22T00:05:37-04:00 2018-08-22T00:05:37-04:00 2016-01-27T17:36:52-05:00