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Z-Gram #94; dated 15 July 1971

Navy Drug Exemption and Rehabilitation Program

R 150014Z JUL 71
FM CNO (Z-94)

TO NAVOP

UNCLAS//N00000//
NAVY DRUG EXEMPTION AND REHABILITATION PROGRAM

A. SECNAVINST 6710.2 OF 9 JUL 71

1. BY REF A THE SECRETARY OF THE NAVY ESTABLISHED A DRUG EXEMPTION PROGRAM FOR ALL MEMBERS OF THE NAVAL SERVICE.

2. THE PURPOSE OF THIS PROGRAM IS TO ENABLE A DRUG USER OR POSSESSOR TO OBTAIN NEEDED MEDICAL AND OTHER REHABILITATIVE HELP WITHOUT THE FEAR OF DISCIPLINARY ACTION UNDER THE UCMJ OR SEPARATION FROM THE SERVICE WITH A DISCHARGE UNDER OTHER THAN HONORABLE CONDITIONS. EXEMPTION FROM THESE ACTIONS UNDER THE TERMS OF REF A MEANS THAT A DRUG USER OR POSSESSOR WHO QUALIFIES FOR THE PROGRAM WILL BE EXEMPT FROM DISCIPLINARY ACTION AND DISCHARGE UNDER OTHER THAN HONORABLE CONDITIONS FOR DRUG USAGE AND POSSESSION FOR THE PURPOSE OF PERSONAL USAGE THAT HE DISCLOSES. IT DOES NOT PRECLUDE MODIFICATIONS OF SECURITY CLEARANCE, DUTY ASSIGNMENT, FLIGHT STATUS OR OTHER PERSONNEL OR ADMINISTRATIVE ACTION DETERMINED NECESSARY BY APPROPRIATE AUTHORITY. HOWEVER, COMMANDS ARE ENCOURAGED TO INITIATE RESTORATION OF SUCH CLEARANCE AND ASSIGNMENT TO THE INDIVIDUAL WHEN HIS REHABILITATION PROGRESS AND OTHER CONDITIONS WILL PERMIT.

3. MAJOR POINTS AND INSTRUCTIONS FOR THIS PROGRAM ARE AS FOLLOWS:

A. EACH COMMAND SHALL DESIGNATE IN WRITING ONE OR MORE “EXEMPTION REPRESENTATIVES” FOR THEIR COMMAND. THE FOLLOWING PERSONNEL SHALL NOT BE SO DESIGNATED: CHAPLAINS, MEDICAL OFFICERS, LEGAL OFFICERS, NAVAL INVESTIGATIVE SERVICE PERSONNEL, DISCIPLINE OFFICERS, MASTER-AT-ARMS, OR PERSONNEL WHOSE PRIMARY RESPONSIBILITY IS THE DETECTION AND INVESTIGATION OF CRIMINAL OFFENSES.  EXEMPTION REPRESENTATIVES MUST HAVE THE NECESSARY INTEREST, MATURITY, RESPONSIBILITY, AND VERBAL SKILLS. THEY MAY BE OFFICERS OR QUALIFIED PETTY OFFICERS.

B. EXEMPTION WILL BE GRANTED FOR THE ILLEGAL USE OR POSSESSION INCIDENT TO SUCH USE OF CONTROLLED SUBSTANCES AS DEFINED IN ARTICLE 1270 OF U.S. NAVY REGS, 1948. IT EXTENDS ONLY AS FAR AS THE DISCLOSURES OF THE INDIVIDUAL ARE CONCERNED. EXEMPTION WILL NOT BE GRANTED FOR DRUG RELATED OR DRUG INDUCED OFFENSES NOR FOR THE SALE OR TRANSFER OF DRUGS. EXEMPTION IS NOT DEPENDENT UPON THE NUMBER OF PREVIOUS USAGES, NOR THE DEGREE OF THE INVOLVEMENT OF THE USER.

C. EXEMPTION AFFECTS ONLY NON-JUDICIAL PUNISHMENT, COURT-MARTIAL ACTION, AND SEPARATION WITH AN UNDESIRABLE DISCHARGE.

D. EXEMPTION CAN BE GRANTED ONLY ONCE. IF AN INDIVIDUAL SUBSEQUENT TO OBTAINING EXEMPTION AGAIN ENGAGES IN THE ILLEGAL USE OR INCIDENT POSSESSION OF DRUGS, HE MAY NOT OBTAIN EXEMPTION FOR SUCH ACTIVITIES UNDER THE TERMS OF THIS INSTRUCTION. HOWEVER, COGNIZANT COMMANDERS SHOULD MAKE THEIR DETERMINATIONS AS TO THE EXTENT OF DISCIPLINARY ACTION, IF ANY, TO BE TAKEN ON THE BASIS OF SUCH ACTIVITIES WITH A VIEW TOWARD EFFECTUATING THE PURPOSES OF THE EXEMPTION PROGRAM. THUS, IF IT APPEARS THAT AN INDIVIDUAL WHO HAS OBTAINED EXEMPTION IS MAKING SIGNIFICANT PROGRESS IN A REHABILITATION PROGRAM, COMMANDERS SHOULD CAREFULLY CONSIDER THIS FACT IN DETERMINING WHAT ACTION TO TAKE ON THE BASIS OF THE DRUG VIOLATIONS SUBSEQUENT TO THE GRANT OF EXEMPTION.

E. IN ORDER TO QUALIFY FOR EXEMPTION, DISCLOSURES MUST BE MADE TO A SPECIFIED EXEMPTION REPRESENTATIVE.

F. THE EXEMPTION REPRESENTATIVE, PRIOR TO ANY VOLUNTARY DISCLOSURE, SHALL FULLY ADVISE A MEMBER SEEKING EXEMPTION OF THE SCOPE AND LIMITATIONS OF THIS PROGRAM.

G. UPON DISCLOSURE, AND DEMONSTRATED SINCERITY IN SEEKING HELP, THE MEMBER SHALL BE GRANTED EXEMPTION IN ACCORDANCE WITH THE PROCEDURES OF REF A. EXEMPTION, ONCE GRANTED, IS IRREVOCABLE. A MEMBER MUST DECLARE HIS INTENTION TO COOPERATE FULLY IN HIS OWN REHABILITATION, AND THIS SHALL CONSTITUTE SUFFICIENT EVIDENCE OF HIS SINCERITY FOR THE PURPOSE OF QUALIFYING FOR EXEMPTION.

H. EXEMPTION APPLIES ONLY TO DISCLOSURES WHICH ARE VOLUNTARY. THIS MEANS DISCLOSURES MUST BE MADE PRIOR TO APPREHENSION OR WARNING UNDER ART. 31. UCMJ FOR THE OFFENSE IN QUESTION. THIS PROGRAM IS NOT, REPEAT NOT, TO BE USED AS A PROGRAM FOR THE DEVELOPMENT OF INFORMERS, AND APPLICANTS FOR EXEMPTION ARE NOT REQUIRED TO IDENTIFY OTHER DRUG ABUSERS AS A CONDITION FOR OBTAINING EXEMPTION. HOWEVER, IF IN AN EXEMPTION DISCLOSURE OTHER MILITARY PERSONNEL ARE NAMED FOR USE OR POSSESSION OF DRUGS FOR PERSONAL USE OR IF IDENTIFIED IN AN APPROVED TESTING PROGRAM, THESE MEMBERS SHALL BE INFORMED BY THEIR COMMAND THAT THEY HAVE BEEN IDENTIFIED FOR SUCH DRUG USE OR POSSESSION AND SHALL BE WARNED OF THEIR RIGHT TO COUNSEL. SUCH IDENTIFIED PERSONNEL WHOSE NAMED DRUG INVOLVEMENT IS LIMITED TO THEIR OWN PERSONAL USE OR POSSESSION INCIDENT TO SUCH USE SHALL BE INFORMED THAT THEY MAY APPLY FOR EXEMPTION WITHIN 24 HOURS. IF THEY APPLY WITHIN 24 HOURS THEY WILL BE CONSIDERED TO HAVE MET THE TEST OF VOLUNTARINESS.

I. DISCLOSURES MADE IN SEEKING EXEMPTION ARE NOT PRIVILEGED IN THAT THEY MAY BE USED FOR PURPOSES OTHER THAN NON-JUDICIAL PUNISHMENT, COURT-MARTIAL ACTION, OR SEPARATION OF THE APPLICANT WITH AN UNDESIRABLE DISCHARGE.

4. REGARDLESS OF WHETHER OR NOT A NAVYMAN HAS APPLIED FOR EXEMPTION FROM DISCIPLINARY ACTION OR UNDESIRABLE DISCHARGE, IT IS THE POLICY OF THE NAVY THAT ALL NAVYMEN WILL BE GIVEN ASSISTANCE IN OVERCOMING DRUG ABUSE PROBLEMS. DETAILED ADMINISTRATIVE PROCEDURES FOR HANDLING THESE CASES WILL BE PROMULGATED IN THE NEAR FUTURE BY BUPERS. HOWEVER, IN GENERAL THE POLICY WILL BE AS FOLLOWS:

A. HARD NARCOTICS AND DANGEROUS DRUGS. THE NAVY DRUG REHABILITATION CENTER HAS BEEN ESTABLISHED AT NAS MIRAMAR PRIMARILY FOR THE TREATMENT AND REHABILITATION OF INDIVIDUAL ABUSERS OR HARD NARCOTICS AND DANGEROUS DRUGS, AND IT IS ANTICIPATED THAT A SIMILAR CENTER WILL SOON BE ESTABLISHED ON THE EAST COAST. IT IS ANTICIPATED THAT THESE CENTERS WILL BE UTILIZED AS FOLLOWS:

(1) INDIVIDUALS WHO ARE FOUND TO BE ABUSING THE AFOREMENTIONED DRUGS WILL FIRST BE REFERRED TO THE NEAREST LOCAL MEDICAL FACILITY FOR CONSULTATION TO DETERMINE WHETHER OR NOT THE INDIVIDUAL IS DRUG DEPENDENT. IF THE INDIVIDUAL IS FOUND TO BE DRUG DEPENDENT, HE WILL BE “TRANSFERRED FOR TREATMENT” TO NEAREST NAVAL HOSPITAL FOR DETOXIFICATION AND/OR TREATMENT INCIDENT TO TRANSFER TO THE MIRAMAR (OR EAST COAST) DRUG REHABILITATION CENTER.

(2) IF THE DETERMINATION IS MADE THAT THE INDIVIDUAL IS NOT DRUG DEPENDENT, EVERY EFFORT SHOULD BE MADE TO REHABILITATE HIM AT THE LOCAL LEVEL.

(3) HOWEVER, ALL PERSONNEL DISCOVERED TO BE USERS OF THE AFOREMENTIONED DRUGS WHO ARE INTENDED TO BE DISCHARGED WITHIN 30 DAYS MUST BE PROCESSED THROUGH THE MIRAMAR (OR EAST COAST) DRUG REHABILITATION CENTER, UNLESS THEY ARE DETERMINED BY MEDICAL OPINION TO BE EXPERIMENTERS ONLY, AND HAVE AN EXCELLENT PROGNOSIS FOR REMAINING OFF DRUGS.

B. OTHER DRUG SUBSTANCES (MARIJUANA, HASHISH, ETC.) THOSE INDIVIDUALS WHO ARE IDENTIFIED AS HAVING DRUG ABUSE PROBLEMS WITH DRUG SUBSTANCES SUCH AS MARIJUANA OR HASHISH SHOULD INITIALLY BE COUNSELED AND TREATED AT THE LOCAL COMMAND LEVEL, OR A LOCALLY ESTABLISHED DRUG CONTROL CENTER.

5. I AM VERY PERSONALLY CONCERNED THAT WE MAKE EVERY EFFORT TO PREVENT ANY FURTHER SPREAD OF DRUG INVOLVEMENT IN THE NAVY AND AT THE SAME TIME ASSIST THOSE SHIPMATES WHO UNFORTUNATELY HAVE ALREADY BECOME INVOLVED. TO ASSIST YOU THE CHIEF OF NAVAL PERSONNEL HAS DEVELOPED A FIVE POINT PROGRAM THAT WE WILL PROMULGATE BY SEPARATE MESSAGE. WITH THE COOPERATION AND SUPPORT OF ALL HANDS, THIS EXEMPTION PROGRAM CAN PROVIDE ASSISTANCE TO THOSE INDIVIDUALS WHO ARE SINCERE IN SEEKING HELP. E. R. ZUMWALT, JR., ADMIRAL, U.S. NAVY, CHIEF OF NAVAL OPERATIONS.

BT

__________

ACRONYMS/ABBREVIATIONS:
BUPERS: Bureau of Naval Personnel
NAS: naval air station
SECNAVINST: Secretary of the Navy instruction
UCMJ: Uniform Code of Military Justice

[END]
Published: Mon Oct 17 06:33:23 EDT 2016