DRUG/ALCOHOL REHABILITATION PROGRAM

Section 408 of the Drug Abuse Office and Treatment Act of 1972 gives special protection to the records of a service member’s participation in the Drug and Alcohol Rehabilitation Program. ALL records affected by this Act, which includes treatment, rehabilitation, and training of drug/alcohol abuse patients, AND rehabilitation failure, are subject to strict confidentiality rules.  The records covered by the Act are:

Screen all personnel, health, and clinical records affected by the Act for participation in the rehabilitation program.  Look for these records within:

Administrative Discharge paperwork
Health record, recorded on:
          SF 502, Clinical Record Narrative Summary or
          SF 600, Chronological Record of Medical Care.

For Navy & Marine Corps records, also:

Review ALL Service Record Book pages, including:
          Chronological History of Assignments
          NAVPERS 601 (13)

In Navy & Marine Corps records look for such references as:

REMEMBER, the Act pertains ONLY to records of participation in a rehabilitation program.  While screening a record you might find the service member was discharged for drug use, or was disciplined for drug use or alcohol intoxication, or was treated for drug or alcohol intoxication.  These facts do not automatically indicate participation in a rehabilitation program.  However, view them as “red flags” and examine the record very carefully for mention of program participation.

All records of program participation are protected, even those of rehabilitation failure.  Rehabilitation failure occurs when a member refuses to attend level II or III treatment, fails to successfully complete a level II or III aftercare program, or has an alcohol- or drug-related incident anytime following completion of level II or III treatment (regardless of when member received treatment).

If the record contains evidence of program participation, withhold all related documents.  Send requester NA Form 13078 and advise:

Source:  NPRC 1865.103