Expired Prescription in the Army

January 1, 2026

Use of an expired prescription in the Army can result in adverse action and could potentially lead to separation.

Prescriptions are valid for the time period listed by the issuing doctor. If no such date is listed, then AR 600-85 states that any use after 6 months of the most recent fill date will be considered illegitimate. Importantly, the expiration date of the medication itself is not the driving factor, but instead a Soldier should look at the fill date or the specific date listed by the issuing provider.

If a Soldier tests positive due to an expired prescription in the Army, a Medical Review Officer (MRO) will review the Soldier's medical records. If there is a prescription that is 6 months past the most recent fill date, but the Soldier was instructed to renew their prescriptions with their medical provider no later than 6 months from the receipt of these instructions, the use will be characterized as "EXPIRED AUTHORIZED." This type of use is unlikely to result in any adverse action. In accordance with AR 600-85, subsequent positive drug tests for the same expired prescription in the Army that are more than 12 months between prescription fill date and specimen collection will be considered "EXPIRED ILLEGITIMATE" and will likely result in adverse action.

Typically, a drug test that is positive due to use of an expired prescription in the Army will result in a GOMOR, or potentially an Article 15. Furthermore, separation is typically initiated, resulting in a separation board (Enlisted) or Board of Inquiry (Officers).

A good rebuttal to the initial adverse action relating to the use of an expired prescription in the Army can result in a positive outcome for the Soldier in question. While TDS is available to assist, they are often over-worked, inexperienced, and unwilling or unable to collect appropriate evidence and draft a quality rebuttal. A civilian Military Lawyer can be retained, which allows a Soldier to be represented by a proven lawyer with good 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 extensive experience with all types of Army Adverse Actions, including those related to the use of expired prescriptions in the Army.

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