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Army Substance Abuse Regulation

What is Army substance abuse?

It is the act of using illegal or prescription drugs to a point of hampering the ability to perform duties. Substance abuse can cause serious issues within the ranks of the military and when faced with questions or confusion the Experts are an affordable way to get answers.

Can a soldier in the reserves, who isn’t getting paid, is forced to take a drug test or is this requirement only for paid soldiers?

When it comes to drug testing in the military there is no limitations on who gets tested and who does not. All soldiers, regardless of them being paid or not, are subject to the drug testing procedures of the Army Reserves. As long as the soldier is currently enlisted and serving, they are required to take a drug test if the chain of command deems necessary.

How can an Army soldier fight a positive drug test when the Army waited a month to revel the results and there is no prior record of any misconduct?

The soldier can request to review the evidence prior to the charges. If the soldier can prove that the sample was not tested in a timely manner for drugs, then he/she may be able to question the chain of custody. The key to fighting the drug test results is to prove broken chain of custody, and good record with the military. He/she may have a very good shot of reversing the decision if they can prove these points.

If a soldier used prescription drugs for Attention Deficit Hyper Disorder (ADHD) and tested positive for methamphetamines, prove that it was the ADHD prescription that caused the positive result?

Most prescriptions used to treat ADHD can cause a person to test positive for methamphetamines. The soldier should find a lawyer to help assist in gathering information and evidence to help prove that the ADHD prescription was the cause of the positive meth result.

If a soldier goes to a drug councilor and a psychiatrist and was told they suffer from depression and adjustment issues, should they tell their defense council this information?

The soldier should tell their defense council this information. This information can be used to screen the soldier for Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI). The mental health issues can be used in the defense of the soldier to get the charges reduced and/or get the sentence reduced.

If an Army pilot was prescribed a medication from a civilian doctor, can he/she loose her flight status in the Army?

The pilot may be in serious trouble. There are certain regulations that a pilot has to uphold for the safety of their selves and the plane. Pilots are supposed to report to a military doctor so that they can monitor the medication the pilot takes to insure the safety protocol is upheld. The Army may either consider a flight evaluation board, in which case he/she will get to keep his/her wings or they may consider a court martial for him/her. The best advice is to obtain a lawyer and be honest about everything.

Substance abuse in the military is a problem in which many lives can be affected. Substance abuse programs are in place to help the soldier overcome their addiction. In some cases the military will discharge the soldier. If this is a route the military decides to take, then the soldier may find him or herself in a confusing situation that leaves many unanswered questions. The soldier may not have any idea where to turn for advice on substance abuse, but the Experts are a fast, affordable way to obtain the advice that the soldier may need on army substance abuse.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11942
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Substance Abuse Questions

  • My former spouse was awarded 40% of my retirement in the divorce.

    My former spouse was awarded 40% of my retirement in the divorce. I submitted through DFAS for her to receive her award from therm. The process took 9 months before It was automatically deducted. She continued to receive her entitlement directly from me via check. Do I have the ability to re-coup taxes paid on her award.
    Thank you
  • I was divorced in 2001, and was an E-7 in the Air National

    I was divorced in 2001, and was an E-7 in the Air National Guard with approximately 25 years service. After the divorce I continued on in the Air Guard for another 9 years and was promoted to E8. My ex will get a percentage of my military retirement when I begin to collect it at age 60. My question is, will the percentage she gets be based on my E7/25 years or E8/30 years?
  • Shipped to Boot Camp while recovering from a TBI (Traumatic

    Shipped to Boot Camp while recovering from a TBI (Traumatic Brain Injury). I was wondering if you can answer a question. I enlisted in the Marine Corps and went through the MEPS processing in 1992. I did not lie on any enlistment documentation. A few months later (I was already inactive reserve through the Delayed Entry Program) I suffered a subdural hematoma (SDH) during a HS football game. I spent a few weeks in ICU and was released from the hospital. I never followed up with my Doc to see if it had SDH had resolved. I informed my recruiter but he said not to worry about it. With in 60 days of my SDH I was taking a Physical Fitness Test (PFT). A few months afterwards I went off to boot camp without thinking twice about my SDH. I completed boot camp and fulfilled my enlistment with an honorable discharge. However, I always did experienced headaches and vertigo from time to time (Nothing a hard charging Devil Dog should complain about) but now what really scares me is I am noticing problems with my short term memory that is begging to affect my employment. My boss is getting tired of hearing "I forgot". After doing some research I found that TBI takes years to heal and I was still in the healing process when i went through boot camp. Can my current condition be "service related"?
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