misconduct– chapter 12 (substance abuse) administrative discharge guide

04/21/2304/21/23Version 2.1 - AR 135-178 Chapter 12 Version 2.1 - AR 135-178 Chapter 12

22

Misconduct– Chapter 12 Misconduct– Chapter 12 (Substance Abuse)(Substance Abuse)

Administrative DischargeAdministrative DischargeGuideGuide

8888thth RRC RRCFort Snelling MNFort Snelling MN


33

Introduction Introduction

This guide is divided into 2 sections:This guide is divided into 2 sections:

Section 1 - Tutorial Version – Section 1 - Tutorial Version –

- for first time users, new preparers - for first time users, new preparers of Misconduct Separation Packets. of Misconduct Separation Packets.

Section 2 - Create a Guide VersionSection 2 - Create a Guide Version

- Print out your own reference - Print out your own reference guide.guide.


44

How to use this guideHow to use this guide

The tutorial version (section 1) will guide you step The tutorial version (section 1) will guide you step by step through the process of building an by step through the process of building an administrative discharge packet for a enlisted administrative discharge packet for a enlisted Soldier testing positive for illegal substances. At Soldier testing positive for illegal substances. At the bottom of many screens are links to forms the bottom of many screens are links to forms and checklists. Use the links to help build your and checklists. Use the links to help build your packet. Included in the forms links are many packet. Included in the forms links are many word documents which may be edited to your word documents which may be edited to your

particular situation.particular situation.


55

How to use this guideHow to use this guide

The condensed version (section 2) is found at the The condensed version (section 2) is found at the end of the tutorial. This version will link you to all end of the tutorial. This version will link you to all the forms and checklists. By clicking on these the forms and checklists. By clicking on these forms, you can quickly assemble all the required forms, you can quickly assemble all the required documents and create your own user manual for documents and create your own user manual for

your reference library.your reference library.


66

Our goalOur goal

The goal of the 88The goal of the 88thth RRC is for you to be able RRC is for you to be able to…to…

1.1. Build packets with ease Build packets with ease 2.2. Create legally sufficient packets Create legally sufficient packets 3.3. Organize packets to uniformed standards Organize packets to uniformed standards 4.4. Forward your misconduct separation packets Forward your misconduct separation packets

with few or no errorswith few or no errors5.5. Help minimize delays and create an efficient Help minimize delays and create an efficient

handoff of your packetshandoff of your packets


77

SECTION 1 - TUTORIALSSECTION 1 - TUTORIALS

References:References:

AR 135-91: Feb 1, 2005, Service Obligations, methods of Fulfillment, AR 135-91: Feb 1, 2005, Service Obligations, methods of Fulfillment, Participation Requirements, and Enforcement ProceduresParticipation Requirements, and Enforcement ProceduresAR 135-178: Mar 13, 2007, Enlisted Administrative SeparationsAR 135-178: Mar 13, 2007, Enlisted Administrative SeparationsAR 600-85: Mar 24, 2006, Army Substance Abuse Program (ASAP)AR 600-85: Mar 24, 2006, Army Substance Abuse Program (ASAP)AR 600-8-2: Dec 23, 2004, Suspense of Favorable Personnel Actions (FLAGS)AR 600-8-2: Dec 23, 2004, Suspense of Favorable Personnel Actions (FLAGS)AR 380-67: Sept 9, 1988, Department of the Army Personnel Security AR 380-67: Sept 9, 1988, Department of the Army Personnel Security ProgramProgramWebsite: Website: http://dasis3.samhsa.gov, Substance Abuse Treatment Facility , Substance Abuse Treatment Facility LocatorLocator

Points of Contact:Points of Contact:

8888thth RRC Reserve Personnel Division: (612)713-3798 RRC Reserve Personnel Division: (612)713-37988888thth Staff Judge Advocate Office: (612)713-3405 Staff Judge Advocate Office: (612)713-3405


88

Misconduct InfractionsMisconduct Infractions

There are 5 infractions that constitute administrative There are 5 infractions that constitute administrative discharge for misconduct:discharge for misconduct:

1.1. Minor disciplinary infractionsMinor disciplinary infractions2.2. A pattern of misconductA pattern of misconduct3.3. Commission of a serious offenseCommission of a serious offense4.4. Abuse of illegal drugsAbuse of illegal drugs5.5. Civil Convictions.Civil Convictions.

This tutorial focuses on Abuse of illegal drugs.This tutorial focuses on Abuse of illegal drugs.

Reference AR 135-178, Chapter 12, for definitions of Reference AR 135-178, Chapter 12, for definitions of each offense. each offense.


99

The Start to completing the packetThe Start to completing the packet

You must properly build a packet to send You must properly build a packet to send forward in order for the discharge authority to forward in order for the discharge authority to legally discharge the Soldier.legally discharge the Soldier.

Without all required documents, your packet Without all required documents, your packet will be returned to you without further action will be returned to you without further action until you have corrected the deficiencies.until you have corrected the deficiencies.


1010

Tutorial 1 – Substance AbuseTutorial 1 – Substance Abuse

Scenario: Soldiers in your unit were recently tested for substance Scenario: Soldiers in your unit were recently tested for substance abuse. You or your UPL have sent off the urine samples to the lab. abuse. You or your UPL have sent off the urine samples to the lab. The 88 The 88thth ADCO (Alcohol and Drug Control Officer) then received ADCO (Alcohol and Drug Control Officer) then received the results of the test and have determined that one of your the results of the test and have determined that one of your Soldiers has tested positive for an illegal substance.Soldiers has tested positive for an illegal substance.

The 88The 88thth RRC ADCO sends the unit and the Commander the RRC ADCO sends the unit and the Commander the electronic version DD Form 2624 Urinalysis Report from the lab electronic version DD Form 2624 Urinalysis Report from the lab which identifies the Soldier that tested positive for illegal which identifies the Soldier that tested positive for illegal substances.substances.

Once you have identified the Soldier(s) on the urinalysis report Once you have identified the Soldier(s) on the urinalysis report that tested positive, you are ready to process the required forms that tested positive, you are ready to process the required forms in order to prepare an administrative separation packet.in order to prepare an administrative separation packet.

Sample of a electronic version DD form 2624 Sample of a electronic version DD form 2624 click here


1111

Step 1 – Substance AbuseStep 1 – Substance Abuse

- Counsel / Flag Soldier- Counsel / Flag Soldier

1. Upon identifying the Soldier for testing positive 1. Upon identifying the Soldier for testing positive for illegal substances, the Commander must be for illegal substances, the Commander must be notified and the Commander must counsel the notified and the Commander must counsel the Soldier. Soldier.

2.2. You must flag the Soldier with adverse action You must flag the Soldier with adverse action (A) in RLAS and create a DA Form 268.(A) in RLAS and create a DA Form 268.

3.3. Print out a current PQR after you flag the SoldierPrint out a current PQR after you flag the Soldier

Counseling form Counseling form click hereSample of the DA form 268 Sample of the DA form 268 click here


1212

Step 2 – Prepare the Notification of Step 2 – Prepare the Notification of SeparationSeparation

1. Prepare Notification Of Separation1. Prepare Notification Of Separation

a. Use notification 1 belowa. Use notification 1 below if CDR recommends if CDR recommends General under Honorable or an Honorable discharge and General under Honorable or an Honorable discharge and Soldier has less than 6 years of active federal service.Soldier has less than 6 years of active federal service.

b. b. Use notification 2 belowUse notification 2 below if CDR recommends if CDR recommends Other than honorable discharge and/or the Soldier has 6 Other than honorable discharge and/or the Soldier has 6 or more years of service.or more years of service.

Only the Unit Commander may sign the notificationOnly the Unit Commander may sign the notification

NOTIFICATION 1 FORM NOTIFICATION 1 FORM click hereNOTIFICATION 2 FORM NOTIFICATION 2 FORM click here


1313

STEP 3 – Election of RightsSTEP 3 – Election of Rights

Click on the Election of Rights link below and Click on the Election of Rights link below and place your unit and address on the top of the place your unit and address on the top of the form. form.

Print out the form.Print out the form.

ELECTION OF RIGHTS FORM ELECTION OF RIGHTS FORM click here


1414

Step 4 – Substance Abuse Treatment Step 4 – Substance Abuse Treatment FacilitiesFacilities

The Soldier must be assisted in finding a The Soldier must be assisted in finding a suitable treatment facility near his/her home of suitable treatment facility near his/her home of record. record.

1.1. Go to: Go to: http://dasis3.samhsa.gov

2.2. Search for the 10 closest facilities to the Search for the 10 closest facilities to the Soldier’s home of record and print out a copy of Soldier’s home of record and print out a copy of the facilities. Save a copy for your recordsthe facilities. Save a copy for your records


1515

STEP 5 – Notify the SoldierSTEP 5 – Notify the Soldier1. Have your commander sign the Notification of Separation and 1. Have your commander sign the Notification of Separation and

attach the Acknowledgement & Election of Right form / attach the Acknowledgement & Election of Right form / Treatment Facilities List to the back. Treatment Facilities List to the back.

2. Send the Notification / Acknowledgement & Election of Rights 2. Send the Notification / Acknowledgement & Election of Rights form / Treatment Facility List to the soldier via certified mail - form / Treatment Facility List to the soldier via certified mail - return receipt to the Soldier’s Home or record (as found on a return receipt to the Soldier’s Home or record (as found on a current PQR). Keep a copy of these documents for your packet. current PQR). Keep a copy of these documents for your packet.

NOTE: Keep a copy of the completed envelope and any mailing NOTE: Keep a copy of the completed envelope and any mailing receipts.receipts.

3. Prepare an Affidavit of Service for this mailing.3. Prepare an Affidavit of Service for this mailing.

Affidavit of Service click hereAffidavit of Service click here


1616

Waiting for the Soldier’s ReplyWaiting for the Soldier’s Reply

Upon receipt of the Notification/Acknowledgement Upon receipt of the Notification/Acknowledgement & Election of Rights / Treatment Facility List, the & Election of Rights / Treatment Facility List, the Soldier is given 30 days to respond and Soldier is given 30 days to respond and complete the Acknowledgement & Election of complete the Acknowledgement & Election of Rights form and return this document to the Rights form and return this document to the Commander.Commander.

One of 3 events will happen at this time.One of 3 events will happen at this time.

1. The Soldier will not claim the letter or the 1. The Soldier will not claim the letter or the address is undeliverable. The letter is returned address is undeliverable. The letter is returned to you. (Do not open the letter as it is used as to you. (Do not open the letter as it is used as evidence) Continue to build the packet at this evidence) Continue to build the packet at this time.time.


1717

Waiting for the Soldier’s Reply Waiting for the Soldier’s Reply (continued)(continued)

2. The soldier completes the Election of Rights form 2. The soldier completes the Election of Rights form and returns this form to you within 30 days of and returns this form to you within 30 days of receipt of the Notification (receipt of the Notification (you can track receipt you can track receipt when the Soldier received the certified mail when the Soldier received the certified mail through :http://www.usps.com) At that time, through :http://www.usps.com) At that time, you continue to build the packet.you continue to build the packet.

3. The soldier signs for the certified letter and fails 3. The soldier signs for the certified letter and fails to complete the Acknowledgement & Election of to complete the Acknowledgement & Election of Rights form within 30 days of receipt. You can Rights form within 30 days of receipt. You can then continue to build the packet.then continue to build the packet.


1818

STEP 6 – The Commanders ReportSTEP 6 – The Commanders Report

The Commanders Report is a very important The Commanders Report is a very important document that summarizes the Soldier’s record document that summarizes the Soldier’s record of performance and participation. Prepare this of performance and participation. Prepare this document with your Commander as it is his/her document with your Commander as it is his/her summary of the Soldier.summary of the Soldier.

The Commanders Report is the CG’s glance at The Commanders Report is the CG’s glance at the Soldier’s record. Be detailed and accurate.the Soldier’s record. Be detailed and accurate.

Only the Commander can sign this document.Only the Commander can sign this document.

Commanders Report Form click hereCommanders Report Form click here


1919

You are ready to build the packetYou are ready to build the packet

You should have in your possession the following items:You should have in your possession the following items:

1. DD Form 2624 from the ADSO1. DD Form 2624 from the ADSO2. Completed Commanders Report Form 2. Completed Commanders Report Form 3. Commanders Counseling DA Form 4856 3. Commanders Counseling DA Form 4856 4. List of state certified treatment facilities4. List of state certified treatment facilities5. Copy of the Notification 1 or 2 Form 5. Copy of the Notification 1 or 2 Form 6. Copy of Election of Rights Form (or completed Form)6. Copy of Election of Rights Form (or completed Form)7. Affidavit of Service 7. Affidavit of Service 8. Copy of the envelope, certified green card and receipt 8. Copy of the envelope, certified green card and receipt

(PS3800/3811)(PS3800/3811)8. DA Form 268 8. DA Form 268 9. Personal Qualification Record (PQR)9. Personal Qualification Record (PQR)10. All Soldier records (MPRJ, Health, Dental)10. All Soldier records (MPRJ, Health, Dental)

Document Checklist click hereDocument Checklist click here


2020

Prepare the endorsement documentsPrepare the endorsement documents

You must send the completed misconduct You must send the completed misconduct packet through your intermediate packet through your intermediate commands. Print out a DA form 4187-1 commands. Print out a DA form 4187-1 and send it with the packet. The DA Form and send it with the packet. The DA Form 4187-1 is used by the immediate 4187-1 is used by the immediate commander to concur or not concur with commander to concur or not concur with the Company Commander’s the Company Commander’s recommendation. recommendation.

DA Form 4187-1 form click hereDA Form 4187-1 form click here


2121

Review the packet for accuracyReview the packet for accuracy

Ensure that you have all the required documents Ensure that you have all the required documents and placed them in the order prescribed on the and placed them in the order prescribed on the document checklist. document checklist.

Complete a transmittal Letter (TL) in order to Complete a transmittal Letter (TL) in order to release control of the packet.release control of the packet.


2222

What’s next…What’s next…

The intermediate commanders will review the The intermediate commanders will review the packet for legal sufficiency as well as packet for legal sufficiency as well as concurring/not concurring with your commander’s concurring/not concurring with your commander’s recommendation. The packet will then be sent recommendation. The packet will then be sent forward and be reviewed at the 88forward and be reviewed at the 88thth RRC. RRC.

If the packet is complete, it will be sent to the CG If the packet is complete, it will be sent to the CG for final disposition. (30 days or more)for final disposition. (30 days or more)


2323

SummarySummary

The 88The 88thth RRC G-1 Staff are ready and able to RRC G-1 Staff are ready and able to assist you with your questions or comments. Feel assist you with your questions or comments. Feel free to call or email us. We will be glad to help free to call or email us. We will be glad to help make completing a misconduct packet a make completing a misconduct packet a successful task and give you the confidence to successful task and give you the confidence to complete misconduct packets.complete misconduct packets.


2424

Points of ContactPoints of Contact

8888thth Reserve Personnel Division Reserve Personnel Division

(612)713-3798(612)713-3798

8888thth Office of the Staff Judge Advocate Office of the Staff Judge Advocate

(612)713-3405(612)713-3405


2525

SECTION 2 – Condensed VersionSECTION 2 – Condensed Version

The Condensed Version of this guide offers you a The Condensed Version of this guide offers you a quick and easy way to build your own reference quick and easy way to build your own reference guide. (the same one the 88guide. (the same one the 88thth uses) uses)

Print out the various forms and checklists and Print out the various forms and checklists and bind them together for a quick reference bind them together for a quick reference document for your unit. document for your unit.

The forms are placed in order from top to bottom.The forms are placed in order from top to bottom.


2626

Build a guide….Build a guide….

1. Guide Cover click here1. Guide Cover click here2. Document Checklist click here2. Document Checklist click here3. DA Form 4187-1 form click here3. DA Form 4187-1 form click here4. DD Form 2624 click here4. DD Form 2624 click here5. Commanders Report Form click here 5. Commanders Report Form click here 6. DA Form 4856 click here6. DA Form 4856 click here7. Notification 1 Form click here7. Notification 1 Form click here8. Notification 2 Form click here8. Notification 2 Form click here9. Election of Rights Form click here9. Election of Rights Form click here10. Affidavit of Service click here10. Affidavit of Service click here11. DA Form 268 click here11. DA Form 268 click here

misconduct– chapter 12 (substance abuse) administrative discharge guide

Documents

guide version

misconduct chapter

reference ar

reference guide

forms links

sufficient packets

misconduct infractionsthere

discharge authority