AIR FORCE INSTRUCTION 3 JANUARY Incorporating Change 1, 6 June TH AIR REFUELING WING. Supplement. 29 MARCH BY ORDER OF THE SECRETARY OF THE AIR FORCE AIR FORCE INSTRUCTION 3 JANUARY Incorporating Change 1, 6 June Medical. BY ORDER OF THE SECRETARY OF THE AIR FORCE AIR FORCE INSTRUCTION 1 JULY Medical DRUG ABUSE TESTING PROGRAM.

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The military judge duly instructed the members in accordance with the statutory elements, as narrowed by the President. Under the circumstances herein, we are satisfied that the military judge did not abuse his discretion in concluding: CMSgt Burns then said “fine” and dismissed appellant.

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Chief Master Sergeant Chief Larry Burns, appellant’s first sergeant, informed him of the results of the commander-directed urinalysis. No related content is available. In one, appellant contends that the military judge abused his discretion in denying a defense motion to suppress the results of a urinalysis.

Niacin is purported to reduce blood pressure while Coenzyme Q10 can lead to vasodilation effects. Under the circumstances herein, it is readily understandable how a reasonable factfinder could have found appellant’s conduct to be disorderly, as defined. On cross-examination, CMSgt Burns testified that he did not reprimand appellant because appellant “had more than enough problems at that time for me to add to his problems on that particular day.

First of all, the Dietary Supplement Health and Education Act states manufacturers need not register or seek approval from the FDA to produce or sell dietary supplements.

When he returned to base several weeks later, no one notified him that he was to be tested. The appellant said he wasn’t trying to intimidate him, and if the Chief perceived that as a threat, then that was “the Chief’s problem. The court members drew the conclusion that it also “affect[ed] the peace and quiet of persons who. Appellant’s conduct was witnessed by a captain and a senior master sergeant.

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According afl the Official Air Force Approved Aircrew Medications list, published Junedietary, herbal and nutritional supplements can only be used with the approval of a flight surgeon. In my view, this is insufficient for any reasonable factfinder to conclude that appellant’s conduct affected the peace and quiet of the three persons who witnessed it or that those three persons were “disturbed or provoked to resentment thereby. Hotchkiss This opinion is subject to editorial correction before final afl.

The President, in constructing sentence ceilings, further narrowed the range of conduct meriting criminal sanction.

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The nature of the supplement industry simply does not merit the amount of trust consumers place on it. Similarly, appellant’s positive, command-directed urinalyses of January and March were never the subject of court-martial charges and were never published to the court members.

Wink argued ; Colonel Douglas H. Chief Burns then gave him a letter ati another commander-directed urinalysis. Not all products necessarily have to be illegal 44-1200 consumption in order to have detrimental effects on performance.

To make matters more interesting, the FDA will only take action against an unsafe dietary supplement after it reaches the market. However, due to his TDY status, he was not tested that day; nor was he tested on the day of his return, which was 7 Novemberas he apparently should have beensee Appellate Exhibit XV, 444-120paragraph 1.

I Appellant tested positive for cocaine as a result of a random urinalysis conducted on October 19, The defense examination of these witnesses focused on whether some individuals summoned for random urinalysis occasionally slipped through the cracks and were not tested.

The Government offered the results of appellant’s urinalysis as the product of a bona fide military inspection. As to the latter, the evidence is sufficient to sustain the findings.

II On November 14,when appellant’s results from the October 19,test were reported to his command, appellant was immediately ordered to submit to another urinalysis. Pursuant to that authority, the President has established a sentence limitation afii for disorders that are prejudicial to good order and discipline — of confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.

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The combination of niacin and Coenzyme Q10 supplements caused an overall reduction agi his blood pressure and vascular resistance and effectively reduced the pilot’s G-tolerance. All witnesses testified that the names used for the periodic sweeps were randomly generated by a computer, and that the command had no input into who would be selected. Appellant was a master sergeant with over 14 years of military experience. His selection for testing was by the same identical methods employed to select all other inspection testees on that date.

Three, Lieutenant Laviolette, assigned to the accused’s unit, that is, the 56 Component Repair Squadron was also randomly selected for testing on 19 October Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, [and] all conduct of a nature to bring discredit upon the armed forces.

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On November 14,when appellant’s results from the October 19,test were reported to his command, appellant was immediately ordered to submit to another urinalysis. Captain Langston testified that appellant’s comment was softly muttered “almost under his breath” and “was a statement made out of more frustration than anything.

A major reason nutritional supplements are a part of this list is to ensure that negative interactions do not occur between the desired supplements and prescribed medications. Two, the accused was randomly selected by computer to be tested on 19 October