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Failed UA while on deployment HELP please!?
I have recently been notified by my unit that I failed my UA. However, I am confident that this is a mistake, as I have not engaged in any activities that could have resulted in a negative test. I have proudly served this country for the past 3 years, and this is the first time I have been accused of such an offense. My unit has suggested that it could have been the vape I got off base, but I strongly believe that this is not the case. Since receiving the test results, I have immediately stopped vaping and have been in communication with my commander to seek assistance in resolving this issue. If anyone has any information or advice that could be helpful to me, I would greatly appreciate it.
I have recently been notified by my unit that I failed my UA. However, I am confident that this is a mistake, as I have not engaged in any activities that could have resulted in a negative test. I have proudly served this country for the past 3 years, and this is the first time I have been accused of such an offense. My unit has suggested that it could have been the vape I got off base, but I strongly believe that this is not the case. Since receiving the test results, I have immediately stopped vaping and have been in communication with my commander to seek assistance in resolving this issue. If anyone has any information or advice that could be helpful to me, I would greatly appreciate it.
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Posted 1 mo ago
Responses: 1
I'll give the benefit of doubt and assume that the reason you created another account to post the exact same message as "CPL Chad White" was for some actual reason.
"John", your first action should be to go to legal aid. Even while deployed, there should be legal assistance available to you. Your only option is to challenge the test results or to show that you unknowingly consumed the drug and you're 99% likely to need legal counsel on your side to do that effectively. As there is suspicion that the stuff you were vaping, obtained (legally I assume) off-base might be the cause, that could be an affirmative defense.
While it is theoretically possible that the drug test was inaccurate and you just happen to be the individual that the cosmos singled out to chose and ruin their day, in actuality, the process and procedures used are extremely accurate (multiple processes such as mass spectrometry and chromatography are used to ensure an error-free result). However, as you were deployed when the UA was conducted, many times the unfamiliar environment and procedures may lead to a process that could be legally challenged which could lead to a dismissal, retesting, or other manner of remedy (again, your legal assistance will address this with you).
When a Soldier tests positive on a drug test, three things will happen (these are mandated, not optional, actions your command will take):
● You'll be immediately flagged.
● You'll be referred to a behavior health clinic referral for substance abuse evaluation.
● You'll be processed for separation.
Additionally, if there is any reason to suspect that a legitimate medical reason exists for the positive result, it will be examined by a medical review officer for determination.
To the last bullet above, there will be a "mandatory processing" for separation, but it is not "mandatory separation". While most will lead to a separation, if you have been a good Soldier, this is a unique occurance, and your commander has a positive view of you and your service, they'll likely recommend retention as the discharge packet goes up to the approval authority.
All those actions will be taken and a separation packet will be created and processed. IF, during the process, it turns out that you did have a medical reason or an affirmative defense on why you tested positive, then the actions are negated and discarded.
-------------------------------------------
AR 600-85 (The Army Substance Abuse Program) - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN38035-AR_600-85-002-WEB-5.pdf
"John", your first action should be to go to legal aid. Even while deployed, there should be legal assistance available to you. Your only option is to challenge the test results or to show that you unknowingly consumed the drug and you're 99% likely to need legal counsel on your side to do that effectively. As there is suspicion that the stuff you were vaping, obtained (legally I assume) off-base might be the cause, that could be an affirmative defense.
While it is theoretically possible that the drug test was inaccurate and you just happen to be the individual that the cosmos singled out to chose and ruin their day, in actuality, the process and procedures used are extremely accurate (multiple processes such as mass spectrometry and chromatography are used to ensure an error-free result). However, as you were deployed when the UA was conducted, many times the unfamiliar environment and procedures may lead to a process that could be legally challenged which could lead to a dismissal, retesting, or other manner of remedy (again, your legal assistance will address this with you).
When a Soldier tests positive on a drug test, three things will happen (these are mandated, not optional, actions your command will take):
● You'll be immediately flagged.
● You'll be referred to a behavior health clinic referral for substance abuse evaluation.
● You'll be processed for separation.
Additionally, if there is any reason to suspect that a legitimate medical reason exists for the positive result, it will be examined by a medical review officer for determination.
To the last bullet above, there will be a "mandatory processing" for separation, but it is not "mandatory separation". While most will lead to a separation, if you have been a good Soldier, this is a unique occurance, and your commander has a positive view of you and your service, they'll likely recommend retention as the discharge packet goes up to the approval authority.
All those actions will be taken and a separation packet will be created and processed. IF, during the process, it turns out that you did have a medical reason or an affirmative defense on why you tested positive, then the actions are negated and discarded.
-------------------------------------------
AR 600-85 (The Army Substance Abuse Program) - https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN38035-AR_600-85-002-WEB-5.pdf
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