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MILPER Message Number 12-088 Drug and Alcohol Abuse Adverse Action Flag 16 Mar 12
1. THIS MESSAGE WILL EXPIRE 1 MARCH 2014. THE PROCEDURES WILL REMAIN IN EFFECT UNTIL SUPERSEDED OR
RESCINDED.
2. APPLICABILITY: ACTIVE COMPONENT (AD), US ARMY RESERVE (USAR), ARMY NATIONAL GUARD (ARNG), AND ARMY
NATIONAL GUARD OF THE UNITED STATES (ARNGUS).
3. THE PURPOSE OF THIS MESSAGE IS TO ANNOUNCE THE IMPLEMENTATION OF TWO NEW SUSPENSIONS OF
FAVORABLE PERSONNEL ACTIONS (FLAGS) CODES AND PROVIDE GUIDANCE FOR INITIATING AND REMOVING THESE
FLAGS.
4. ABUSE OF ALCOHOL OR THE USE OF ILLICIT DRUGS IS INCONSISTENT WITH ARMY VALUES, THE WARRIOR ETHOS, AND
THE STANDARDS OF PERFORMANCE, DISCIPLINE, AND READINESS NECESSARY TO ACCOMPLISH THE ARMY’S MISSION.
FOR THIS REASON, THE SECRETARY OF THE ARMY APPROVED POLICY IN DIRECTIVE TYPE MEMORANDUM 2012-07
IMPLEMENTING A DRUG ABUSE ADVERSE ACTION FLAG AND A ALCOHOL ABUSE ADVERSE ACTION FLAG. EFFECTIVE 13
MARCH 2012, COMMANDERS MUST USE THESE NEW FLAGS FOR SOLDIERS UNDERGOING ADVERSE ACTION FOR DRUG
(FLAG REASON CODE U) OR ALCOHOL ABUSE (FLAG REASON CODE V) RELATED INCIDENTS.
5. DRUG ABUSE ADVERSE ACTION (FLAG REASON CODE U).
A. COMMANDERS WILL FLAG SOLDIERS UPON INITIATION OF PROCEEDINGS UNDER UCMJ, ART 15; COURT-MARTIAL
PROCEEDINGS (IMMEDIATELY UPON PREFERRAL OF CHARGES OR PRETRIAL CONFINEMENT); CIVILIAN CRIMINAL
CHARGES, RESTRAINT, OR CONFINEMENT; PENDING A NONPUNITIVE MEMORANDUM OF REPRIMAND, CENSURE, OR
ADMONISHMENT; OR OTHER DISCIPLINARY ACTION FOR DRUG RELATED OFFENSES INCLUDING, BUT NOT LIMITED TO,
POSITIVE DRUG TEST IN ACCORDANCE WITH AR 600-85.
B. A FLAG IS INITIATED BASED ON THE ADVERSE ACTION RESULTING FROM THE DRUG ABUSE-RELATED INCIDENT. A
FLAG MAY NOT BE INITIATED BASED ON REFERRAL, SCREENING, OR ENROLLMENT INTO THE ARMY SUBSTANCE ABUSE
PROGRAM (ASAP).
C. FIRST TIME DRUG OFFENSES: REMOVE THE FLAG (REPORT CODE
D) WHEN SOLDIER IS REASSIGNED TO THE TRANSITION POINT FOR SEPARATION OR, IF SEPARATION AUTHORITY
RETAINS THE SOLDIER, REMOVE THE FLAG WHEN PUNISHMENT IS COMPLETE. D. SECOND-TIME (OR HIGHER) DRUG
OFFENSES: REMOVE THE FLAG (REPORT CODE D) WHEN SOLDIER IS REASSIGNED TO THE TRANSITION POINT FOR
SEPARATION. IF A SHOW-CAUSE BOARD, ADMINISTRATIVE SEPARATION BOARD, OR THE SEPARATION AUTHORITY
RETAINS THE SOLDIER, THE FLAG MUST BE REMOVED BY THE GENERAL COURT MARTIAL CONVENING AUTHORITY.
6. ALCOHOL ABUSE ADVERSE ACTION (FLAG REASON CODE V).
A. COMMANDERS MUST FLAG SOLDIERS UPON INITIATION OF PROCEEDINGS UNDER UCMJ, ART 15; COURT-MARTIAL
PROCEEDINGS (IMMEDIATELY UPON PREFERRAL OF CHARGES OR PRETRIAL CONFINEMENT); CIVILIAN CRIMINAL
CHARGES, RESTRAINT, OR CONFINEMENT; PENDING A NONPUNITIVE MEMORANDUM OF REPRIMAND, CENSURE, OR
ADMONISHMENT; OR OTHER DISCIPLINARY ACTION FOR ALCOHOL RELATED OFFENSES INCLUDING, BUT NOT LIMITED
TO, DRIVING UNDER THE INFLUENCE, ON-DUTY IMPAIRMENT DUE TO ALCOHOL CONSUMPTION (AR 600-85), OR DRUNK
AND DISORDERLY CONDUCT.
B. A FLAG IS INITIATED BASED ON THE ADVERSE ACTION RESULTING FROM THE ALCOHOL ABUSE-RELATED INCIDENT. A
FLAG MAY NOT BE INITIATED BASED ON REFERRAL, SCREENING, OR ENROLLMENT INTO THE ARMY SUBSTANCE ABUSE
PROGRAM (ASAP)
C. REMOVE THE FLAG WHEN THE SOLDIER IS ACQUITTED AT COURT-MARTIAL OR CIVILIAN TRIAL AND NO OTHER
ADVERSE ACTION ARISING FROM THE INCIDENT OR CHARGES IS CONTEMPLATED; WHEN UCMJ ACTION IS CLOSED OR
DROPPED WITHOUT ACTION; OR WHEN PUNISHMENT FROM COURT-MARTIAL, CIVILIAN TRIAL, OR NON-JUDICIAL
PUNISHMENT IS COMPLETED. IF A COURT-MARTIAL HAS ADJUDGED A PUNITIVE DISCHARGE, THE INDIVIDUAL WILL REMAIN
FLAGGED UNTIL THE CONVICTION IS FINAL IN ACCORDANCE WITH RULES FOR COURTS-MARTIAL 1209, MANUAL FOR
COURTS-MARTIAL. IF THERE IS A SUSPENSION OF PUNISHMENT (FOR EXAMPLE UNDER ARTICLE 15) OR THE IMPOSITION
OF PROBATION OR PAROLE (USUALLY FOR CIVILIAN MISCONDUCT), THAT INDIVIDUAL WILL REMAIN FLAGGED UNTIL THE
SUSPENSION, PROBATIONARY, OR PAROLE PERIOD IS OVER. THIS DOES NOT INCLUDE SUSPENSION OF A DRIVER’S
LICENSE.
7. ACTIVE COMPONENT EMILPO GUIDANCE:
A. THE DA FORM 268, REPORT TO SUSPEND FAVORABLE PERSONNEL ACTIONS (FLAG), EMBEDDED IN EMILPO WILL
REFLECT THE NEW CODES.
B. DRUG ABUSE ADVERSE ACTION FLAGS FOR SECOND-TIME (OR HIGHER) DRUG OFFENSES MAY NOT BE REMOVED IN
EMILPO. REMOVAL MUST BE DONE AT THE TOP OF THE SYSTEM (EDAS OR TOPMIS) BY BDE OR HIGHER UPON
DIRECTIVE OF THE GENERAL COURT MARTIAL CONVENING AUTHORITY.
8. UNITS USING THE DA FORM 268 AVAILABLE ON THE FORMS PORTAL ON THE AKO AND THE APD WEBSITES,
COMMANDERS MUST CHECK THE ADVERSE ACTION BOX AND WRITE IN “DRUG ABUSE” OR “ALCOHOL ABUSE” ABOVE THE
WORDS ADVERSE ACTION. COMMANDERS WILL CROSS OUT THE (A) CODE AND WRITE IN (U) OR (V).
9. THESE CHANGES WILL BE INCORPORATED IN THE NEXT REVISION OF AR 600-8-2.
10. POINT OF CONTACT: U.S. ARMY HUMAN RESOURCES COMMAND, PROMOTIONS BRANCH, USARMY.KNOX.HRC.MBX.
TAGD-OFFICER-PROMO-SPECIAL-ACTIONS@MAIL.MIL , (502) 613-8667.
1. THIS MESSAGE WILL EXPIRE 1 MARCH 2014. THE PROCEDURES WILL REMAIN IN EFFECT UNTIL SUPERSEDED OR
RESCINDED.
2. APPLICABILITY: ACTIVE COMPONENT (AD), US ARMY RESERVE (USAR), ARMY NATIONAL GUARD (ARNG), AND ARMY
NATIONAL GUARD OF THE UNITED STATES (ARNGUS).
3. THE PURPOSE OF THIS MESSAGE IS TO ANNOUNCE THE IMPLEMENTATION OF TWO NEW SUSPENSIONS OF
FAVORABLE PERSONNEL ACTIONS (FLAGS) CODES AND PROVIDE GUIDANCE FOR INITIATING AND REMOVING THESE
FLAGS.
4. ABUSE OF ALCOHOL OR THE USE OF ILLICIT DRUGS IS INCONSISTENT WITH ARMY VALUES, THE WARRIOR ETHOS, AND
THE STANDARDS OF PERFORMANCE, DISCIPLINE, AND READINESS NECESSARY TO ACCOMPLISH THE ARMY’S MISSION.
FOR THIS REASON, THE SECRETARY OF THE ARMY APPROVED POLICY IN DIRECTIVE TYPE MEMORANDUM 2012-07
IMPLEMENTING A DRUG ABUSE ADVERSE ACTION FLAG AND A ALCOHOL ABUSE ADVERSE ACTION FLAG. EFFECTIVE 13
MARCH 2012, COMMANDERS MUST USE THESE NEW FLAGS FOR SOLDIERS UNDERGOING ADVERSE ACTION FOR DRUG
(FLAG REASON CODE U) OR ALCOHOL ABUSE (FLAG REASON CODE V) RELATED INCIDENTS.
5. DRUG ABUSE ADVERSE ACTION (FLAG REASON CODE U).
A. COMMANDERS WILL FLAG SOLDIERS UPON INITIATION OF PROCEEDINGS UNDER UCMJ, ART 15; COURT-MARTIAL
PROCEEDINGS (IMMEDIATELY UPON PREFERRAL OF CHARGES OR PRETRIAL CONFINEMENT); CIVILIAN CRIMINAL
CHARGES, RESTRAINT, OR CONFINEMENT; PENDING A NONPUNITIVE MEMORANDUM OF REPRIMAND, CENSURE, OR
ADMONISHMENT; OR OTHER DISCIPLINARY ACTION FOR DRUG RELATED OFFENSES INCLUDING, BUT NOT LIMITED TO,
POSITIVE DRUG TEST IN ACCORDANCE WITH AR 600-85.
B. A FLAG IS INITIATED BASED ON THE ADVERSE ACTION RESULTING FROM THE DRUG ABUSE-RELATED INCIDENT. A
FLAG MAY NOT BE INITIATED BASED ON REFERRAL, SCREENING, OR ENROLLMENT INTO THE ARMY SUBSTANCE ABUSE
PROGRAM (ASAP).
C. FIRST TIME DRUG OFFENSES: REMOVE THE FLAG (REPORT CODE
D) WHEN SOLDIER IS REASSIGNED TO THE TRANSITION POINT FOR SEPARATION OR, IF SEPARATION AUTHORITY
RETAINS THE SOLDIER, REMOVE THE FLAG WHEN PUNISHMENT IS COMPLETE. D. SECOND-TIME (OR HIGHER) DRUG
OFFENSES: REMOVE THE FLAG (REPORT CODE D) WHEN SOLDIER IS REASSIGNED TO THE TRANSITION POINT FOR
SEPARATION. IF A SHOW-CAUSE BOARD, ADMINISTRATIVE SEPARATION BOARD, OR THE SEPARATION AUTHORITY
RETAINS THE SOLDIER, THE FLAG MUST BE REMOVED BY THE GENERAL COURT MARTIAL CONVENING AUTHORITY.
6. ALCOHOL ABUSE ADVERSE ACTION (FLAG REASON CODE V).
A. COMMANDERS MUST FLAG SOLDIERS UPON INITIATION OF PROCEEDINGS UNDER UCMJ, ART 15; COURT-MARTIAL
PROCEEDINGS (IMMEDIATELY UPON PREFERRAL OF CHARGES OR PRETRIAL CONFINEMENT); CIVILIAN CRIMINAL
CHARGES, RESTRAINT, OR CONFINEMENT; PENDING A NONPUNITIVE MEMORANDUM OF REPRIMAND, CENSURE, OR
ADMONISHMENT; OR OTHER DISCIPLINARY ACTION FOR ALCOHOL RELATED OFFENSES INCLUDING, BUT NOT LIMITED
TO, DRIVING UNDER THE INFLUENCE, ON-DUTY IMPAIRMENT DUE TO ALCOHOL CONSUMPTION (AR 600-85), OR DRUNK
AND DISORDERLY CONDUCT.
B. A FLAG IS INITIATED BASED ON THE ADVERSE ACTION RESULTING FROM THE ALCOHOL ABUSE-RELATED INCIDENT. A
FLAG MAY NOT BE INITIATED BASED ON REFERRAL, SCREENING, OR ENROLLMENT INTO THE ARMY SUBSTANCE ABUSE
PROGRAM (ASAP)
C. REMOVE THE FLAG WHEN THE SOLDIER IS ACQUITTED AT COURT-MARTIAL OR CIVILIAN TRIAL AND NO OTHER
ADVERSE ACTION ARISING FROM THE INCIDENT OR CHARGES IS CONTEMPLATED; WHEN UCMJ ACTION IS CLOSED OR
DROPPED WITHOUT ACTION; OR WHEN PUNISHMENT FROM COURT-MARTIAL, CIVILIAN TRIAL, OR NON-JUDICIAL
PUNISHMENT IS COMPLETED. IF A COURT-MARTIAL HAS ADJUDGED A PUNITIVE DISCHARGE, THE INDIVIDUAL WILL REMAIN
FLAGGED UNTIL THE CONVICTION IS FINAL IN ACCORDANCE WITH RULES FOR COURTS-MARTIAL 1209, MANUAL FOR
COURTS-MARTIAL. IF THERE IS A SUSPENSION OF PUNISHMENT (FOR EXAMPLE UNDER ARTICLE 15) OR THE IMPOSITION
OF PROBATION OR PAROLE (USUALLY FOR CIVILIAN MISCONDUCT), THAT INDIVIDUAL WILL REMAIN FLAGGED UNTIL THE
SUSPENSION, PROBATIONARY, OR PAROLE PERIOD IS OVER. THIS DOES NOT INCLUDE SUSPENSION OF A DRIVER’S
LICENSE.
7. ACTIVE COMPONENT EMILPO GUIDANCE:
A. THE DA FORM 268, REPORT TO SUSPEND FAVORABLE PERSONNEL ACTIONS (FLAG), EMBEDDED IN EMILPO WILL
REFLECT THE NEW CODES.
B. DRUG ABUSE ADVERSE ACTION FLAGS FOR SECOND-TIME (OR HIGHER) DRUG OFFENSES MAY NOT BE REMOVED IN
EMILPO. REMOVAL MUST BE DONE AT THE TOP OF THE SYSTEM (EDAS OR TOPMIS) BY BDE OR HIGHER UPON
DIRECTIVE OF THE GENERAL COURT MARTIAL CONVENING AUTHORITY.
8. UNITS USING THE DA FORM 268 AVAILABLE ON THE FORMS PORTAL ON THE AKO AND THE APD WEBSITES,
COMMANDERS MUST CHECK THE ADVERSE ACTION BOX AND WRITE IN “DRUG ABUSE” OR “ALCOHOL ABUSE” ABOVE THE
WORDS ADVERSE ACTION. COMMANDERS WILL CROSS OUT THE (A) CODE AND WRITE IN (U) OR (V).
9. THESE CHANGES WILL BE INCORPORATED IN THE NEXT REVISION OF AR 600-8-2.
10. POINT OF CONTACT: U.S. ARMY HUMAN RESOURCES COMMAND, PROMOTIONS BRANCH, USARMY.KNOX.HRC.MBX.
TAGD-OFFICER-PROMO-SPECIAL-ACTIONS@MAIL.MIL , (502) 613-8667.
| Frequent Searches 1. DA 4856 Examples 6. Counseling 2. DA Form 31 7. DA 4187 3. Disrespect Counseling 8. Military Law 4. APFT Calculator 9. Leader's Book 5. Memorandum for record 10. FM 6-22 |
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