United States v. Cruzado-Rodriguez

DECISION

ARROWOOD, Senior Judge:

An AF Form 1612, Notification of Drug-Abuse Information, which was placed in the accused’s unfavorable information file (UIF) showing he was entered into the drug-abuse prevention program is confidential information and is inadmissible in a court-martial as evidence reflecting his past conduct.

Section 408 of the Drug-Abuse Office and Treatment Act of 1972, (21 U.S.C. § 1175), establishes special rules which limit the use of records of “the identity, diagnosis, prognosis, or treatment” of drug abusers under federal drug-abuse prevention programs. Under the rules…