Limited Use

  1. militarydefenselawyers337Under the limited use policy, the results of the following tests may not be used as a basis for an Article 15 or court-martial or to determine the “character of service” in an administrative separation action. AR 600-85, para. 10-14c.
    1. Competence for Duty Tests. AR 600-85, para. 10-12a(1).
    2. Medical Tests. The limited use policy applies to tests obtained as a result of Soldier’s emergency medical care for an actual or possible drug overdose, unless such treatment resulted from apprehension by military or civilian law enforcement officials. AR 600-85, para. 10-12a(3).
  2. If drug use discovered during a limited use test is introduced during an administrative separation, the Soldier must receive an honorable discharge.
  3. The limited use policy does not preclude use of limited use tests in rebuttal or
    initiation of disciplinary action based on independently derived evidence. AR
    600-85, para. 10-12d(1).
  4. A fitness for duty urinalysis or medical test may serve as the basis for
    administrative action, to include requesting a second urinalysis. In United States
    v. Williams, 35 M.J. 323 (C.M.A. 1992), the exclusionary rule did not preclude
    admission of accused’s incriminating statements or consensual second urinalysis
    even though the questioning and the request for the second urinalysis were based
    upon prior positive fitness for duty urinalysis. The taint from the fitness for duty
    urinalysis was sufficiently attenuated.