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Suggest a Feature →ASAP: Command Referral vs. Self-Referral
General information, not legal advice. For legal issues, contact Trial Defense Service (TDS) or your Legal Assistance Office.
“If you self-refer to ASAP, your command will find out and you'll get chaptered. It goes on your record.”
Self-referral to ASAP is confidential — your command is only told that you are enrolled, not why. Self-referral protects you from UCMJ action for substance use disclosed during treatment. Command referral (after a positive UA or incident) does not have the same protections. Self-referring early is almost always better.
Self-Referral: The Smart Move
If you self-refer to ASAP before any incident, positive urinalysis, or command-directed referral, you receive significant protections:
What's protected:
- The specific substance(s) you disclose during treatment are protected from UCMJ action
- Your command is notified that you are enrolled in ASAP, but NOT the specific substance or details
- You cannot be punished for substance use that you voluntarily disclose through self-referral
- Successfully completing ASAP through self-referral is generally viewed favorably
What's not protected:
- Duty performance issues (you still have to meet standards)
- Future incidents (the protection applies to past use disclosed during self-referral, not future use)
- Use of substances discovered through other means (if CID finds drugs in your barracks room independent of your self-referral, that's separate)
Command Referral: After the Fact
Command referral happens after something goes wrong — positive urinalysis, alcohol-related incident, observed substance abuse, or failed duty performance related to substance use.
With command referral:
- No protection from UCMJ action for the underlying offense
- Commander decides whether to pursue UCMJ action in addition to treatment
- Treatment is mandatory, not voluntary
- You may face both legal consequences and mandatory treatment simultaneously
The ASAP Process
Regardless of referral type:
1. Assessment: Clinical evaluation by an ASAP counselor 2. Treatment plan: Individualized plan (education, outpatient, inpatient) 3. Treatment: Can range from alcohol education class to intensive outpatient 4. Monitoring: Regular check-ins and urinalysis 5. Completion: Successful completion or failure with consequences
Impact on Career
Self-referral (successful completion): Generally minimal career impact. You completed treatment voluntarily, which demonstrates maturity and responsibility.
Command referral (successful completion): May still face UCMJ consequences for the triggering event. Successful treatment completion is considered but doesn't erase the underlying offense.
Failure in either track: Failure to complete ASAP treatment can result in separation processing.
Confidentiality
ASAP records are protected by federal confidentiality regulations (42 CFR Part 2). Your treatment records cannot be disclosed without your consent except in specific limited circumstances (imminent danger to self or others, child abuse reporting).
The Reality of Self-Referral
Self-referral takes courage. But here's the practical truth: if you have a substance problem and don't self-refer, it's likely to come to light eventually through a positive UA, incident, or deteriorating performance. At that point, you've lost the self-referral protections.
If you're struggling, self-refer. It's the one time the system actually rewards you for coming forward early.
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Contact your installation's Trial Defense Service (TDS) for UCMJ matters, or Legal Assistance Office for general legal issues. These services are free for active duty service members.