...Loopholes within our Army Regulations and guidelines? Educate.
Please enlighten us with what you've encounter in order to properly prepare and confront it. Thank you.
During my UPL course, I've notice a few loopholes within the Army's AR 600-85. I will mention one (as some will use this info for the wrong reasons), if Soldiers want to DESPERATELY leave the Army...what keeps them from doing drugs and voluntarily asking for a drug test? Knowing that they will have positive results.
Under the Limited Use Policy, if self-referred, the policy limits the characterization of discharge to "Honorable".
AR 600-85 Chap 10-12
"e. If the command is made aware of a
Soldier’s illegal drug use through the Soldier’s self-referral and admissions,
the requirement to initiate separation proceedings pursuant to the appropriate
enlisted or officer separation regulation will not apply. The unit commander
may initiate a separation action; however, the information is protected by the
Limited Use Policy."
"a. Unless waived under the circumstances listed in
paragraph 10–13d (if there’s enough Limited Use evidence of improper introduction) of
this regulation, Limited Use Policy prohibits the use by the government of
protected evidence against a Soldier in actions under the UCMJ or on the issue
of characterization of service in administrative proceedings. Additionally, the
policy limits the characterization of discharge to “Honorable” if protected
evidence is used.
Discharge
Army Regulations
Personally, if one of my Soldiers is hell-bent on getting out, I try to help them go. The sooner they're gone, the sooner I can focus more of my attention on the ones who want to stay in. Does that mean I'll suggest illegal ways for them to end their careers? Certainly not. but I won't try to sway or rehabilitate an adult who's mentally checked out. They want to go? Fine with me. They want to ruin their lives in the process? That's sad; Push them through ACAP and get them back to the house.
a) There is lack of potential for continued Army service and rehabilitation efforts are no longer practical; or,
b) Long-term rehabilitation is necessary and you are transferred to a civilian medical facility for treatment.
Keep in mind, according to AR 635-200, initiation of separation proceedings is required for soldiers designated alcohol/drug rehabilitation failures. As for the type of discharge, it may be General Under Honorable Conditions. The Army doesn't want to waste time and money on a Soldier who doesn't really want help or a Soldier that isn't worth keeping anyway. Also if a rehab failure occurred, the Soldier gets a DD214 with an RE-3 or RE-4 code and the separation program designator (SPD) code could end up being JPC -Drug Rehabilitation Failure or JPD-Alcohol Rehabilitation Failure. The linchpin is successful completion of the rehab program and gets an honorable discharge.
Whether its post traumatic stress disorder, marriage or financial problems, or substance abuse; Soldiers seem to have trouble admitting they have a problem and seeking help for it; hell, most of us won’t even go on sick call unless we think we are dying. We are concerned about repercussions to our careers and what our leaders and our Soldiers will think of us. The Limited Use Policy was written to provide Soldiers who have a problem with drugs or alcohol a way to get help without having to worry about their careers. Soldiers can be pretty slick and they may try to fool everybody. Careful examination can determine if the Soldier is a "drug abuser" or "drug dependent".
So if Soldiers want to "play the game" thinking they'll get over, tell them about the consequences of failing rehab.
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