How long should the Chapter process take for someone who tested positive on a urinalysis test?

MSG Private RallyPoint Member — Tue, 21 Jan 2025 12:59:58 -0500

I know a USAR Soldier that tested positive for THC in the summer of 2022. The packet for separation was initiated at that time. The Soldier performed a medical and mental evaluation (I was his escort). However, the last time the SM in question heard any update, was that the packet was at BN level in 2023. No one, apparently, can provide an update. According to the SM, his Command Team keeps asking him the status instead of asking BN.

How long should this process take? Where in AR 135-178 can I find that process outline?

Response by SFC Karl Knight made Jan 21 at 2025 1:52 PM

SFC Karl Knight — Tue, 21 Jan 2025 13:52:44 -0500

You won't find the answer there, MSG. You must look in AR 635-200, under the applicable chapter (most likely Ch. 14, Misconduct) the Soldier is being discharged under to ensure that all the appropriate steps have been completed. Depending on the characterization of service there and pay grade of the Soldier there may be additional steps needed. Also, I suggest you reach out to the Bn/Bde Legal Section that can also tell you what phase it is in.

Response by SFC Karl Knight made Jan 21 at 2025 1:56 PM

SFC Karl Knight — Tue, 21 Jan 2025 13:56:19 -0500

Whoops, I missed the part about USAR, so yes, AR 135-178, Ch 12 or Ch 15 will give you the answers you may be seeking. I apologize for the misdirection...

Response by SFC Karl Knight made Jan 21 at 2025 1:59 PM

SFC Karl Knight — Tue, 21 Jan 2025 13:59:27 -0500

Do not forget to find out if the command has referred the Soldier to a Substance Abuse program. Is he/she has failed that program then it will be Ch 11. Otherwise it will be under Ch 12, Misconduct or Ch 15.

Response by COL Randall C. made Jan 21 at 2025 2:08 PM

COL Randall C. — Tue, 21 Jan 2025 14:08:04 -0500

You're not going to find an answer in the regulations other than they should be processed in a timely manner.

However, the USARC standard for processing involuntary separations, which don't include a separation board, is 145 from the date of notice to the Soldier* (270 days if a board is required).

I can understand missing that standard by weeks or even months if there are issues that would delay it, but as it's probably ~700 or so days beyond the standard, it's obvious that someone isn't doing what they are required to do.
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USARC Policy letter (Processing of Involuntary Separation Actions) - https://www.usar.army.mil/Portals/98/Documents/Publications/memos/Processing%20of%20Enlisted%20Involuntary%20Separations%20-%20Rescind%2020%20May%2008%20memo%20-%2020%20Jun%2017.pdf

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Response by Maj John Bell made Jan 21 at 2025 8:48 PM

Maj John Bell — Tue, 21 Jan 2025 20:48:01 -0500

Back when dinosaurs roamed the halls of USMC Battalion HQs, the discharge papers were awaiting the recreational drug users when they were released from the brig.

Response by SGM Bill Frazer made Jan 22 at 2025 4:39 PM

SGM Bill Frazer — Wed, 22 Jan 2025 16:39:41 -0500

USAR is a different animal and they are sloths sometimes. AD and TOP line AD they would have been gone in about 2 weeks.

Response by CPT Private RallyPoint Member made Jan 29 at 2025 11:33 AM

CPT Private RallyPoint Member — Wed, 29 Jan 2025 11:33:21 -0500

I think everyone here knows the answer. Higher levels of the administrative process are not doing their jobs.

Frustratingly............ I've seen these situations finally get a resolution when the commander of the soldier initiates a "BAN FROM REENLISTMENT" (yes, me for example). So yes, the solider gets off lucky, and the USAR finally gets rid of them. They get an honorable simply by completing their contract, and the rest of the world doesn't notice their DD214 prevents them from reenlistment, and if they walk into a recruiter down the road the drug flag will still be there.

It's the one lever the company level commander can pull. If there is a properly placed flag for failing the drug test, and then the ban from reenlistment it puts higher levels of authority in a hard position to provide a waiver if they so choose.

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The most demotivating things for a Company Level USAR commander is to have to play the administrative game by doing the right thing administratively knowing fully well it's not going anywhere. Crap rolls down hill, and if the Company Level commander doesn't do it then there is no where else for the crap to roll.

So the best they can do is make sure the crap will stop at BN when someone comes looking into an issue.

Response by CPT Private RallyPoint Member made Feb 1 at 2025 10:47 AM

CPT Private RallyPoint Member — Sat, 01 Feb 2025 10:47:45 -0500

This is the issue that a unit has when they don't have very active leaders. I have seen this take over a year in the regular Army and I have also separated a Soldier for this in 3 months. I have never dealt with this when I was in the guard. The best method to deal with this is to have a legal tracker with the steps on it. Below is the tracker I used. Once a week would would validate all of my legal actions and if there was no progress two weeks in a row then I would track down the packet and redirect it's path. If the owner of the legal is not doing this then it is going to be on a shelf in someone's office collecting dust.

Commanders need to be cautious with prolonged flags. Flags are not considered punishment. If this Soldier has been flagged since 2022 and have been denied awards, promotions, or any other favorable actions the command may be violating policy. The Soldier could have been retained, punished and promoted twice in the span of their current flag. One call to IG could be an issue.