Misconduct

1
(No Transcript)
2
Misconduct Chapter 12 (Substance
Abuse)Administrative DischargeGuide

• 88th RRC
• Fort Snelling MN

3
Introduction

• This guide is divided into 2 sections
• Section 1 - Tutorial Version
• - for first time users, new preparers of
  Misconduct Separation Packets.
• Section 2 - Create a Guide Version
• - Print out your own reference guide.

4
How to use this guide

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

5
How to use this guide

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

6
Our goal

• The goal of the 88th RRC is for you to be able
  to
• Build packets with ease
• Create legally sufficient packets
• Organize packets to uniformed standards
• Forward your misconduct separation packets with
  few or no errors
• Help minimize delays and create an efficient
  handoff of your packets

7
SECTION 1 - TUTORIALS

• References
• AR 135-91 Feb 1, 2005, Service Obligations,
  methods of Fulfillment, Participation
  Requirements, and Enforcement Procedures
• AR 135-178 Mar 13, 2007, Enlisted Administrative
  Separations
• 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 380-67 Sept 9, 1988, Department of the Army
  Personnel Security Program
• Website http//dasis3.samhsa.gov, Substance
  Abuse Treatment Facility Locator
• Points of Contact
• 88th RRC Reserve Personnel Division
  [phone]
• 88th Staff Judge Advocate Office [phone]

8
Misconduct Infractions

• There are 5 infractions that constitute
  administrative discharge for misconduct
• Minor disciplinary infractions
• A pattern of misconduct
• Commission of a serious offense
• Abuse of illegal drugs
• Civil Convictions.
• This tutorial focuses on Abuse of illegal drugs.
• Reference AR 135-178, Chapter 12, for
  definitions of each offense.

9
The Start to completing the packet

• You must properly build a packet to send forward
  in order for the discharge authority to legally
  discharge the Soldier.
• Without all required documents, your packet will
  be returned to you without further action until
  you have corrected the deficiencies.

10
Tutorial 1 Substance Abuse

• Scenario Soldiers in your unit were recently
  tested for substance abuse. You or your UPL have
  sent off the urine samples to the lab. The 88th
  ADCO (Alcohol and Drug Control Officer) then
  received the results of the test and have
  determined that one of your Soldiers has tested
  positive for an illegal substance.
• The 88th RRC ADCO sends the unit and the
  Commander the electronic version DD Form 2624
  Urinalysis Report from the lab which identifies
  the Soldier that tested positive for illegal
  substances.
• Once you have identified the Soldier(s) on the
  urinalysis report that tested positive, you are
  ready to process the required forms in order to
  prepare an administrative separation packet.
• Sample of a electronic version DD form 2624
  click here

11
Step 1 Substance Abuse- Counsel / Flag Soldier

• 1. Upon identifying the Soldier for testing
  positive for illegal substances, the Commander
  must be notified and the Commander must counsel
  the Soldier.
• You must flag the Soldier with adverse action (A)
  in RLAS and create a DA Form 268.
• Print out a current PQR after you flag the
  Soldier
• Counseling form click here
• Sample of the DA form 268 click here

12
Step 2 Prepare the Notification of Separation

• 1. Prepare Notification Of Separation
• a. Use notification 1 below if CDR
  recommends General under Honorable or an
  Honorable discharge and Soldier has less than 6
  years of active federal service.
• b. Use notification 2 below if CDR recommends
  Other than honorable discharge and/or the Soldier
  has 6 or more years of service.
• Only the Unit Commander may sign the notification
• NOTIFICATION 1 FORM click here
• NOTIFICATION 2 FORM click here

13
STEP 3 Election of Rights

• Click on the Election of Rights link below and
  place your unit and address on the top of the
  form.
• Print out the form.
• ELECTION OF RIGHTS FORM click here

14
Step 4 Substance Abuse Treatment Facilities

• The Soldier must be assisted in finding a
  suitable treatment facility near his/her home of
  record.
• Go to http//dasis3.samhsa.gov
• Search for the 10 closest facilities to the
  Soldiers home of record and print out a copy of
  the facilities. Save a copy for your records

15
STEP 5 Notify the Soldier

• 1. Have your commander sign the Notification
  of Separation and attach the Acknowledgement
  Election of Right form / Treatment Facilities
  List to the back.
• 2. Send the Notification / Acknowledgement
  Election of Rights form / Treatment Facility List
  to the soldier via certified mail - return
  receipt to the Soldiers Home or record (as found
  on a current PQR). Keep a copy of these
  documents for your packet.
• NOTE Keep a copy of the completed envelope and
  any mailing receipts.
• 3. Prepare an Affidavit of Service for this
  mailing.
• Affidavit of Service click here

16
Waiting for the Soldiers Reply

• Upon receipt of the Notification/Acknowledgement
  Election of Rights / Treatment Facility List,
  the Soldier is given 30 days to respond and
  complete the Acknowledgement Election of Rights
  form and return this document to the Commander.
• One of 3 events will happen at this time.
• 1. The Soldier will not claim the letter or the
  address is undeliverable. The letter is returned
  to you. (Do not open the letter as it is used as
  evidence) Continue to build the packet at this
  time.

17
Waiting for the Soldiers Reply (continued)

• 2. The soldier completes the Election of Rights
  form and returns this form to you within 30 days
  of receipt of the Notification (you can track
  receipt when the Soldier received the certified
  mail through http//www.usps.com) At that time,
  you continue to build the packet.
• 3. The soldier signs for the certified letter
  and fails to complete the Acknowledgement
  Election of Rights form within 30 days of
  receipt. You can then continue to build the
  packet.

18
STEP 6 The Commanders Report

• The Commanders Report is a very important
  document that summarizes the Soldiers record of
  performance and participation. Prepare this
  document with your Commander as it is his/her
  summary of the Soldier.
• The Commanders Report is the CGs glance at the
  Soldiers record. Be detailed and accurate.
• Only the Commander can sign this document.
• Commanders Report Form click here

19
You are ready to build the packet

• You should have in your possession the following
  items
• 1. DD Form 2624 from the ADSO
• 2. Completed Commanders Report Form
• 3. Commanders Counseling DA Form 4856
• 4. List of state certified treatment facilities
• 5. Copy of the Notification 1 or 2 Form
• 6. Copy of Election of Rights Form (or completed
  Form)
• 7. Affidavit of Service
• 8. Copy of the envelope, certified green card and
  receipt (PS3800/3811)
• 8. DA Form 268
• 9. Personal Qualification Record (PQR)
• 10. All Soldier records (MPRJ, Health, Dental)
• Document Checklist click here

20
Prepare the endorsement documents

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

21
Review the packet for accuracy

• Ensure that you have all the required documents
  and placed them in the order prescribed on the
  document checklist.
• Complete a transmittal Letter (TL) in order to
  release control of the packet.

22
Whats next

• The intermediate commanders will review the
  packet for legal sufficiency as well as
  concurring/not concurring with your commanders
  recommendation. The packet will then be sent
  forward and be reviewed at the 88th RRC.
• If the packet is complete, it will be sent to the
  CG for final disposition. (30 days or more)

23
Summary

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

24
Points of Contact

• 88th Reserve Personnel Division
• [phone]
• 88th Office of the Staff Judge Advocate
• [phone]

25
SECTION 2 Condensed Version

• The Condensed Version of this guide offers you a
  quick and easy way to build your own reference
  guide. (the same one the 88th uses)
• Print out the various forms and checklists and
  bind them together for a quick reference document
  for your unit.
• The forms are placed in order from top to bottom.

26
Build a guide.

• 1. Guide Cover click here
• 2. Document Checklist click here
• 3. DA Form 4187-1 form click here
• 4. DD Form 2624 click here
• 5. Commanders Report Form click here
• 6. DA Form 4856 click here
• 7. Notification 1 Form click here
• 8. Notification 2 Form click here
• 9. Election of Rights Form click here
• 10. Affidavit of Service click here
• 11. DA Form 268 click here