Positive Drug Test in the Army

September 27, 2025

A Positive Drug Test in the Army typically results in serious consequences for the Soldier in question. Attorney Barry, an experienced Military Lawyer, explains more at this link. Urinalysis/UA procedures are governed by AR 600-85, available at this link.

After the drug lab reports a positive drug test in the Army, a medical review officer (MRO) is required to conduct a review of all available medical records. The purpose of this review is to ensure that there is not an authorized medication that caused the positive test. Soldiers will be provided the opportunity to submit prescription records during the MRO review to help explain a positive test.

MROs are not required to interview the Soldier in question; however, an interview can be conducted. If one is conducted, the MRO acts as an investigating officer and a DA Form 3881 is required to be used before any interview. No Soldier should talk to an MRO, or provide any correspondence to him/her, without talking to an experienced Military Defense Lawyer.

After a positive drug test in the Army, if a valid prescription is determined to be the cause, then the use will be labeled as "authorized." Prescriptions are only considered valid for drug test results for 6 months after the fill date, unless another date is specified by the provider. If a valid prescription causes a positive drug test in the Army, then the use will be labeled as "expired authorized." Soldiers explicitly cannot have a prescription for THC in the Army.

If a prescription cannot explain a positive UA in the Army, then the use will be labeled as "illegitimate." The use could be described as "Soldier unavailable" if the Soldier in question is dead, AWOL, dropped from rolls, no longer in the Army, in jail, deployed, etc.

After a positive drug test in the Army that is labeled as "illegitimate" the Soldier in question is required to be referred to SUDDC for treatment. Furthermore, CID will be notified and they will conduct an investigation. Soldiers have nothing to gain from talking to CID and should not do so without discussing with an experienced Military Lawyer.

After a positive UA in the Army, the following entities/individuals can request that the Soldier's sample be re-tested:

Unit Commander, MRO, and Trial Counsel (Unit JAG)
The Soldier in question, through the Command or his/her Lawyer
The President or Recorder of a Separation Board
A Military Judge

Furthermore, every positive drug test in the Army results in the creation of a full litigation packet, created by the lab in question. The following entities/individuals can request the litigation packet:

The Command
The OSJA
The Soldier in Question
The Soldier's Lawyer
A Military Judge

The only types of positive UAs in the Army that cannot be used for UCMJ purposes are competence for duty tests, tests given during safety investigations, and rehabilitative tests. All tests can be used to separate a Soldier, but some cannot be used to give a less than honorable characterization of service. Table 10-1 of AR 600-85 should be consulted.

After a positive drug test in the Army, Commanders are required to initiate administrative separation (enlisted) or elimination (officers). Furthermore, Commands are required to inform the unit's security clearance manager. Additionally, while not required, most Commands will issue a field grade/general officer article 15. GOMORs may also be issued is some instances. Soldiers will also be flagged.

Any Soldier who has a positive drug test in the Army should immediately recognize that his/her career is in jeopardy. Before talking to an MRO, CID Agent, or member of the chain of command, a Soldier should consult with a Military Lawyer. While TDS is available to assist, they are often unwilling to provide advice early on as is necessary. Furthermore, they are often over-worked and inexperienced. Soldiers can retain Civilian Counsel, which allows him/her to be represented by an experienced Military lawyer with great former client reviews.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success. He has dealt extensively with all types of positive drug tests and has achieved countless positive results for his clients.

The Law Office of Matthew Barry represents Servicemembers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S.