Command Directed Tests

  • militarydefenselawyers340Be wary of the term “command directed” urinalysis. The
    ability or inability to use the test results for UCMJ or separation purposes depends on the type of test, not on whether or not it is labeled command directed. In United States v. Streetman, 43 M.J. 752 (A.F. Ct. Crim. App. 1995), the accused was convicted of
    marijuana use. The court held that the letter reissuing the original inspection order but labeled as “Commander Directed” (Air Force equivalent to fitness for duty) and ordering accused to submit to drug testing did not transform prior legitimate random urinalysis
    inspection into a fitness for duty test that would preclude the admission of drug test results.