Affidavit for self reported drug use?

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fury301

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Oct 16, 2020
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So I reported I smoked weed twice in October of 2020. I am a freshmen 3yr winner. Army.

approved by dodmerb, approved by my pms, now i filled out an action request, explained, apologized - but now my ROO is saying I need to submit an affidavit as well which according to the regs i dont think i do.

Id prefer not to ruin my career or lose my scholarship before it even starts - especially when I was honest - should I just listen to him and write one?
 
DoDMERB only DQs for: "v. Any history of substance-related and addictive disorders (except using caffeine or tobacco)."

All other drug issues are administrative in nature and under the domain of the specific Services. :wiggle:​

 
MullenLE said:
DoDMERB only DQs for: "v. Any history of substance-related and addictive disorders (except using caffeine or tobacco)."

All other drug issues are administrative in nature and under the domain of the specific Services. :wiggle:​

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Yeah, mainly asking in regards to USACC-Pamphlet 145-4 where it has a chart that I’ve attached on such info. Doesnt say I gotta do an affidavit in that.
 
fury301 said:
Yeah, mainly asking in regards to USACC-Pamphlet 145-4 where it has a chart that I’ve attached on such info. Doesnt say I gotta do an affidavit in that.
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Off topic ... and advice I give my son all the time ... practice communicating well.

“Doesn’t say I gotta” isn’t less time to type than “it doesn’t say I have to.” My son always texts in slang, and it slowly works its way into essays or communications to others.
 
A1Janitor said:
Off topic ... and advice I give my son all the time ... practice communicating well.

“Doesn’t say I gotta” isn’t less time to type than “it doesn’t say I have to.” My son always texts in slang, and it slowly works its way into essays or communications to others.
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I was typing on a phone during class, apologies if my grammar doesn’t suit an online forum.
 
fury301 said:
I was typing on a phone during class, apologies if my grammar doesn’t suit an online forum.
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Don’t take it the wrong way. Certainly apologies aren’t necessary - I wasn’t trying to troll you. I tell my son this all the time. I don’t care one way or the other what you do. It is my experience that my kids’ habits spill over and they don’t pay attention.

Yes, it doesn’t matter as it is an online forum. But you were addressing Mr. Mullen nonetheless.

And put your phone away during class! ;)
 
If the ROO is saying do the affidavit then recommend following their guidance. It may not be in the governing policy but local commands may have different requirements. If I was the PMS and had an MS 1 (or 4) telling my cadre pound sand and the guidance isnt illegal, immoral or unethical that would affect my perception of said cadet.
 
emwvmi01 said:
If the ROO is saying do the affidavit then recommend following their guidance. It may not be in the governing policy but local commands may have different requirements. If I was the PMS and had an MS 1 (or 4) telling my cadre pound sand and the guidance isnt illegal, immoral or unethical that would affect my perception of said cadet.
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Gotcha and appreciate the advice very much. Was just unsure if an affidavit afflicts negative connotation.


A1Janitor said:
Don’t take it the wrong way. Certainly apologies aren’t necessary - I wasn’t trying to troll you. I tell my son this all the time. I don’t care one way or the other what you do. It is my experience that my kids’ habits spill over and they don’t pay attention.

Yes, it doesn’t matter as it is an online forum. But you were addressing Mr. Mullen nonetheless.

And put your phone away during class! ;)
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Sorry, you’re right. Stressful day. Thank you.
 
fury301 said:
Gotcha and appreciate the advice very much. Was just unsure if an affidavit afflicts negative connotation.



Sorry, you’re right. Stressful day. Thank you.
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Speaking of which ... my son used to use his phone during class in high school. A teacher used to make him put it on her desk during her class. I got a text once not to text or call him because his phone was being confiscated.

I was so concerned that he wasn’t ok ;) that I kept calling and texting him while the phone sat on her desk.
 
fury301 said:
but now my ROO is saying I need to submit an affidavit as well
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This is the 27-year lawyer in me speaking, but "an affidavit" [as in notarized and sworn to under the penalty of perjury?] to whom and stating what? Or did he give you a standard form, that he called an "affidavit," to fill out?

Mind you, I'm not questioning that you do what is asked, I'm more curious what exactly it is he says you need to do.
 
Every 5 years for the last 40 (AD and Contractor) I get some knucklehead wanting me to dance for him or her during my periodic reinvestigation for my clearance, when we get to the use of controlled substance thing. It's just that - people are going to want to make you dance. Last one was refreshing - a 22 year old guy who "got it". You're going to get the same thing throughout your career.

But, to your question, what exactly is it you're being asked to complete and sign? How will this form or letter be maintained and controlled? To whom will it be available?
 
franknd said:
This is the 27-year lawyer in me speaking, but "an affidavit" [as in notarized and sworn to under the penalty of perjury?] to whom and stating what? Or did he give you a standard form, that he called an "affidavit," to fill out?

Mind you, I'm not questioning that you do what is asked, I'm more curious what exactly it is he says you need to do.
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I do not think so. Its signed by me, my PMS, and then my BTL CDR? Its called an affidavit on the document but I highly doubt its an actual one. I still dont think its even requires but I’ll fill it out I guess if it appeases my ROO. I just want to contract and be over with this. All over smoking Marijuana twice.. and self reporting.

OldAFRet said:
Every 5 years for the last 40 (AD and Contractor) I get some knucklehead wanting me to dance for him or her during my periodic reinvestigation for my clearance, when we get to the use of controlled substance thing. It's just that - people are going to want to make you dance. Last one was refreshing - a 22 year old guy who "got it". You're going to get the same thing throughout your career.

But, to your question, what exactly is it you're being asked to complete and sign? How will this form or letter be maintained and controlled? To whom will it be available?
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Basically what I said above. It goes to cadet command for a “waiver” for self admitted drug use - even though regulations dont require it. Not sure what I should do but its stressing me like crazy.
 
I feel your pain, but you've got to be more forthcoming with info on this document in order for anyone to give you better advice.

Kind of like dragging information out of my own teens.

If there a form number for this affidavit? Does it contain a Privacy Act Statement (why the info is requested, to whom it will be available, and the consequences of not providing the information)?

Example:
PRIVACY ACT STATEMENT: Under the authority of 5 USC, 301, the information regarding your former military experience and training, educational
background, and present personal data is requested in order to validate your basic qualifications and your suitability for selection in comparison
with other applicants for the Navy-Marine Corps ROTC College Program. Your social security number will be used for purposes of individual
identification. The information will be retained by CNET, (Code OTE/083), and the NROTC Unit and will not be divulged without your written
authorization to anyone other than Navy and Marine Corps personnel involved with the administration of the program. You are not required to provide
this information; however, failure to do so will result in an inability to fairly evaluate your application and may result in an inability to process the
application.

Without that, anyone who gets a copy of this could legally post it on their FaceBook page (without elements such as your SSAN or other protected PII).

Is this form/letter/affidavit the actual waiver request which should be able to be approved/disapproved at the Battalion level (if I am looking at the correct regulations and reading them correctly)?

I certainly don't want you to mess your career up, or lose your scholarship either. But, I also don't want you to start your career feeling like you have to dance like a monkey anytime someone snaps their fingers.
 
OP, if your comfortable, maybe you could hit up one of these responders privately? Good people here can help you…pick one or two and see if they would be comfortable privately. Would that help ease your kind about this?

So far you have done the right thing and self reported….I also get your angst about moving forward. It could be, since you already have a ‘yes’ self reported, that it needs to be done. I have NO clue I get you wanting to stay u see the radar, but for someone to actually help, kind of sounds like they need more info. Maybe go to a PM to ease you mind a bit??

Good for you for being honest in the first place. It’s the right thing to do. Don’t question that!! Lying initially, can create much MORE stress. You did the right thing.
 
For self admitted drug use, you need a waiver. If it is just experimental use of marijuana, the BDE CDR it the approval authority. I am not sure of the other BDEs, but if you are in 2BDE ROTC, you do need to submit an affidavit if you want the BDE CDR to consider it. It may not be in the reg, but is on the waiver checklist that is used. See attached. Guess how far your waiver will go if you are not cooperative with the paperwork requested. Remember, the ROO is trying to help you out.
 

Attachments

  • APPENDIX B SELF ADMITTED USE OF DRUGS.pdf
    168.4 KB · Views: 18
MohawkArmyROTC said:
For self admitted drug use, you need a waiver. If it is just experimental use of marijuana, the BDE CDR it the approval authority. I am not sure of the other BDEs, but if you are in 2BDE ROTC, you do need to submit an affidavit if you want the BDE CDR to consider it. It may not be in the reg, but is on the waiver checklist that is used. See attached. Guess how far your waiver will go if you are not cooperative with the paperwork requested. Remember, the ROO is trying to help you out.
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In the Navy, there is a term called “sea lawyer,” not sure what the Army equivalent is, when someone crosses over from acceptable self-advocacy or requests for clarification to being a PITA about something.
@fury301 You are getting sage advice from those who sit on the leadership side of the desk.
 
Capt MJ said:
In the Navy, there is a term called “sea lawyer,” not sure what the Army equivalent is, when someone crosses over from acceptable self-advocacy or requests for clarification to being a PITA about something.
@fury301 You are getting sage advice from those who sit on the leadership side of the desk.
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Called "barracks lawyer" in the Army.
 
MohawkArmyROTC said:
For self admitted drug use, you need a waiver. If it is just experimental use of marijuana, the BDE CDR it the approval authority. I am not sure of the other BDEs, but if you are in 2BDE ROTC, you do need to submit an affidavit if you want the BDE CDR to consider it. It may not be in the reg, but is on the waiver checklist that is used. See attached. Guess how far your waiver will go if you are not cooperative with the paperwork requested. Remember, the ROO is trying to help you out.
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I am 4th BDE. There isn’t any privacy statement or anything like that but I care more about continuing in ROTC then someone finding out I smoked weed twice to dispute it with my ROO.

thanks for the advice I appreciate it.
 
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