* Updates Equal Opportunity Policy (paras 6-2 c (8)(c) and 6-2 c (8)(f)).
* Updates summary of change bullet (para 2-8 b ).
* Makes administrative changes (throughout).
* Updates purpose (para 1-1).
* Updates responsibilities for the ready and resilient campaign (paras 1-4 a-d ).
* Directs readers to the Army Publishing Directorate's "notes" page on AR 600-20 for additional guidance on the Army Sexual Harassment/Assault Response and Prevention Program (para 1-4 e (6)).
* Clarifies the groups of personnel who must be informed of the Army's accommodation of religious practices policies (para 1-4 f ).
* Adds the categories "senior field grade officers," "senior field grade warrant officers," "field grade warrant officers," "company grade warrant officers," "enlisted noncommissioned officers," and "junior enlisted Soldiers" (table 1-1).
* Adds policy that the senior commander is normally, but not always, the senior general officer at an installation (para 2-5 b (4)(a)).
* Adds policy for command responsibility for the Total Army Sponsorship Program (paras 2-5 b (4)(a)16 and 2-5 b (4)(c)8).
* Clarifies policy on how Army command, Army service component command, and direct reporting unit commanders may request a permanent change of senior commander (para 2-5 b (4)(g)1).
* Clarifies policy for Army commanders in the grade of lieutenant general or above assuming command of Army installations as an exception to policy (para 2-5 c (1)).
* Clarifies policy regarding senior commander designation on permanent change of station orders published by the General Officer Management Office (para 2-5 d ).
* Supersedes and incorporates Army Directive 2012-06, Centralized Selection List-Tour Length Policy for Command and Key Billets (para 2-5 e (1)(a)-(c)).
* Clarifies policy that general officers will not be assigned without prior approval of the Chief of Staff, Army through the General Officer Management Office (para 2-5 f ).
* Adds policy that Army National Guard and Army Reserve officers acting as commanders for Active Army training units will follow Ready and Resilient policy (para 2-5 i (1)).
* Clarifies policy that blanket designation of a junior officer in the same grade to command, involving general officers, must be approved by the Chief of Staff after coordination with the General Officer Management Office (para 2-7 c ).
* Adds policy that on the death, disability, or temporary absence of a principal official of Headquarters, Department of the Army, the Secretary of the Army will designate an acting principal official (para 2-8 b ).
* Clarifies policy for Army commands, Army service component commands, or direct reporting units to assign general officers to positions of command when the regularly assigned commander is absent (para 2-8 d ).
* Incorporates policy in Secretary of the Army Memorandum "Army Ready and Resilient Campaign Plan," for building and maintaining a ready and resilient total Army (chap 3).
* Adds policy requiring commanders who receive an offense notification to submit a DA Form 4833 (Commander's Report of Disciplinary or Administrative Action) (para 4-7 d ).
* Incorporates policy in Army Directive 2013-18 and prohibits participation in extremist, terrorist, and criminal gang organizations and activities (paras 4-12 a , 4-12 b (7), 4-12 b (8), 4-12 e (2)(e), 4-12 f , and 4-12 g ).
* Clarifies fraternization policy between noncommissioned officers and junior enlisted Soldiers (para 4-14).
* Adds National Guard recruiters to the list of Soldiers who may not have a personal relationship with potential prospects, applicants, members of the Delayed Entry Program, or members of the Delayed Training Program (para 4-15).
* Adds policy for the treatment of persons, adds bullying as prohibited conduct, and differentiates bullying from hazing (para 4-19).
* Establishes a requirement for commanders to report and track all hazing or bullying investigations through the Equal Opportunity Reporting System (para 4-19 c (4)).
* Incorporates policy from Army Directive 2011-17, requiring that officers and senior enlisted members self-report criminal convictions (para 4-23).
* Incorporates the procedures, previously available in AR 40-562, for review of religious accommodation requests to not receive immunizations (para 5-6 h (3)(e)).
* Incorporates language from DODI 1300.17, requiring each request for religious accommodation be assessed on a case-by-case basis (para 5-6 a ) and defines the term "neat and conservative" (para 5-6 h (4)(b)).
* Requires all waiver requests for religious-based exceptions to Army uniform policy to be forwarded to the Deputy Chief of Staff, G-1 for action (para 5-6 i ).
* Defines a protected communication (para 5-12 b ).
* Deletes policy on the authority to collect and maintain equal opportunity data (formerly in para 6-16).
* Incorporates policy from DODD 1344.10 that the approval authority for Soldiers to serve as an election official, if such service is not as a representative of a partisan political party, is the Secretary of the Army (app B-2 d ).
* Substitutes "senior commander" for "senior mission commander" and "installation commander" (throughout).
* Substitutes "Human Resources Command" for "Army Human Resources Command" (throughout).
* Replaces DD Form 1172 (Application for Uniformed Services Identification Card) with DD Form 1172-2 (Application for Identification Card/DEERS Enrollment) (throughout).
* Changes "specialist or private" to "junior enlisted Soldier" (throughout).
This regulation prescribes the policies and responsibilities of command, which include the Army Ready and Resilient Campaign (R2C) Plan, military discipline and conduct, the Army Equal Opportunity (EO) Program, and the Army Sexual Harassment/Assault Response and Prevention (SHARP) Program (formerly the Army Sexual Assault Victim Program).
Required and related publications and prescribed and referenced forms are listed in appendix A .
Abbreviations and special terms used in this regulation are listed in the glossary .
Detailed responsibilities are listed and described in separate chapters under specific programs and command functions. This paragraph outlines general responsibilities.
a. The Vice Chief of Staff (VCSA) coordinates the Army Staff (ARSTAF) in enabling the readiness and resilience of the force.
b. The principal officials of Headquarters, Department of the Army (HQDA) direct policies, programs, and resources in support of the R2C Plan.
c. Commanders of Army commands (ACOMs), Army service component commands (ASCCs), and/or direct reporting units (DRUs) implement the R2C Plan within their respective commands.
d. The Deputy Chief of Staff, G-1 ( DCS, G-1 ) serves as the lead agent for the R2C Plan.
e. The DCS, G-1 will formulate, manage, and evaluate command policies, plans, and programs that relate to:
(1) Chain of command (see para 2-1 ), designation of junior in the same grade to command (see para 2-7 ), and assumption of command by the senior regularly assigned Soldiers when the commander dies, is disabled, resigns, retires, or is absent (see para 2-8 ).
(2) The Army Ready and Resilient Campaign concept (see para 3-3 ).
(3) Extremist organizations and activities (see para 4-12 ), relationships between Soldiers of different rank (see para 4-14 ), and other prohibited relationships (see para 4-15 ).
(4) Political activities (see para 5-3 ), Family care plans (see para 5-5 ), accommodation of religious practices (see para 5-6 ), and Human Relations Readiness Training (HRRT) (see para 5-13 ).
(5) The Army EO Program (see para 6-2 ).
(6) The Army SHARP Program (see para 8-3 ). Until chapters 7 and 8 and and appendixes E-J are updated, commanders should refer to the "notes" referenced at the Army Publishing Directorate Web site, http://www.apd.army.mil/pdffiles/NotesR600_20.pdf .
f. The officials listed below have responsibilities for specific groups of personnel concerning awareness of the Army's accommodation of religious practices policies. Every enlisted Soldier (both initial entry and when reenlisting), cadet, warrant officer (WO), and commissioned officer accession needs to be informed of the Army's accommodation of religious practices policies under this regulation (see para 5-6 ).
(1) The Judge Advocate General. All judge advocate officer accessions.
(2) The Chief of Chaplains. All chaplain officer accessions. This principal Headquarters, Department of the Army (HQDA) official will also formulate and disseminate education and training programs regarding religious traditions and practices within the Army.
(3) The Superintendent, U. S. Military Academy. All U.S. Military Academy cadet accessions.
(4) The Commanding General, U.S. Army Training and Doctrine Command. All Reserve Officer Training Corps cadets and all officer and WO accessions.
(5) The Commanding General, U.S. Army Recruiting Command. All enlisted and Army Medical Department (AMEDD) officer accessions.
g. Commanders at all levels will implement and enforce the chain of command and Army command policies.
a. Privilege to command. Command is exercised by virtue of office and the special assignment of members of the United States Armed Forces holding military grade who are eligible to exercise command. A commander is, therefore, a commissioned or WO who, by virtue of grade and assignment, exercises primary command authority over a military organization or prescribed territorial area that under pertinent official directives is recognized as a "command." The privilege to command is not limited solely by branch of Service except as indicated in chapter 2 . A civilian, other than the President as Commander-in-Chief (or National Command Authority), may not exercise command. However, a civilian may be designated to exercise general supervision over an Army installation or activity (for example, Dugway Proving Ground).
b. Elements of command. The key elements of command are authority and responsibility. Formal authority for command is derived from the policies, procedures, and precedents presented in chapters 1 through 3 .
c. Characteristics of command leadership. The commander is responsible for establishing leadership climate of the unit and developing disciplined and cohesive units. This sets the parameters within which command will be exercised and, therefore, sets the tone for social and duty relationships within the command. Commanders are also responsible for the professional development of their Soldiers. To this end, they encourage self-study, professional development, and continued growth of their subordinates' military careers.
(1) Commanders and other leaders committed to the professional Army ethic promote a positive environment. If leaders show loyalty to their Soldiers, the Army, and the nation, they earn the loyalty of their Soldiers. If leaders consider their Soldiers' needs and care for their well-being, and if they demonstrate genuine concern, these leaders build a positive command climate.
(2) Duty is obedient and disciplined performance. Soldiers with a sense of duty accomplish tasks given them, seize opportunities for self-improvement, and accept responsibility from their superiors. Soldiers, leader and led alike, work together to accomplish the mission rather than feed their self-interest.
(3) Integrity is a way of life. Demonstrated integrity is the basis for dependable, consistent information, decision-making, and delegation of authority.
(4) Professionally competent leaders will develop respect for their authority by
(a) Striving to develop, maintain, and use the full range of human potential in their organization. This potential is a critical factor in ensuring that the organization is capable of accomplishing its mission.
(b) Giving troops constructive information on the need for and purpose of military discipline. Articles in the Uniform Code of Military Justice (UCMJ) that require explanation will be presented in such a way to ensure that Soldiers are fully aware of the controls and obligations imposed on them by virtue of their military Service (see UCMJ, Art. 137).
(c) Properly training their Soldiers and ensuring that both Soldiers and equipment are in the proper state of readiness at all times. Commanders should assess the command climate periodically to analyze the human dimension of combat readiness. Soldiers must be committed to accomplishing the mission through the unit cohesion developed as a result of a healthy leadership climate established by the command. Leaders at all levels promote the individual readiness of their Soldiers by developing competence and confidence in their subordinates. In addition to being mentally, physically, tactically, and technically competent, Soldiers must have confidence in themselves, their equipment, their peers, and their leaders. A leadership climate in which all Soldiers are treated with fairness, justice, and equity will be crucial to development of this confidence within Soldiers. Commanders are responsible for developing disciplined and cohesive units sustained at the highest readiness level possible.
(d) Requirement of Exemplary Conduct (Section 3583, Title 10, United States Code (10 USC 3583)). All commanding officers and others in authority in the Army are required
(1) To show in themselves a good example of virtue, honor, patriotism, and subordination.
(2) To be vigilant in inspecting the conduct of all persons who are placed under their command.
(3) To guard against and suppress all dissolute and immoral practices, and to correct, according to the laws and regulations of the Army, all persons who are guilty of them.
(4) To take all necessary and proper measures, under the laws, regulations, and customs of the Army.
(5) To promote and safeguard the morale, the physical well-being, and the general welfare of the officers and enlisted persons under their command or charge.
d. Assignment and command. Soldiers are assigned to stations or units where their services are required. The commanding officer then assigns appropriate duties. Without orders from proper authority, a Soldier may only assume command when eligible according to chapter 2 .
a. Military rank among officers of the same grade or of equivalent grade is determined by comparing dates of rank. An officer whose date of rank (DOR) is earlier than the DOR of another officer of the same or equivalent grade is senior to that officer. Grade and precedence of rank confers eligibility to exercise command or authority in the U.S. military within limits prescribed by law (see 10 USC 741).
b. Grade is generally held by virtue of office or position in the Army. For example, second lieutenant (2LT), captain (CPT), sergeant first class (SFC), chief warrant officer two (CW2) are grades. Table 1-1 shows the grades in the Army in order of their precedence. It indicates the grouping of grades into classes, pay grades, titles of address, and abbreviations.
c. The pay grade is also an abbreviated numerical device with useful applications in pay management, personnel accounting, automated data organization, and other administrative fields. However, the numerical pay grade will not be used as a form of address or title in place of the proper title of address of grade. A Soldier holding the numerical pay grade of E-5 will be addressed as "Sergeant," not as "E-5" (see table 1-1 ).
d. All chaplains are addressed as "Chaplain," regardless of military grade or professional title. When a chaplain is addressed in writing, grade is indicated in parentheses; for example, Chaplain (Major), John F. Doe.
Conferring honorary titles of military
grade upon civilians is prohibited. However, honorary titles already conferred
will not be withdrawn.
|Senior field grade officers|
|Field grade officers|
|Company grade officers|
|Senior field grade warrant officers|
|Field grade warrant officers|
|Company grade warrant officers|
|Enlisted noncommissioned officers|
|Junior enlisted Soldiers|
1. Other abbreviations authorized for use in correspondence with the general public and agencies outside DOD, on identification (ID) cards, and in personal correspondence are listed in AR 25-50 and AR 25-52 .
|2. Personnel formally selected by DA for participation in the Command Sergeants Major Program.|
|3. All E-9s not formally selected for the Command Sergeants Major Program.|
|4. Specialist will rank immediately below corporal. This does not require or justify change to table of organization and equipment (TOE) or table of distribution and allowances (TDA).|
|5. Specialist and its abbreviation (SPC) will be used in written correspondence. All Standard Installation/Division Personnel System (SIDPERS) transactions must be coded and entered using the preset code (SP4) until SIDPERS III is fielded.|
Members of other Services serving with the Army have equal status
with Army Soldiers of equivalent grade. (Comparable grades among the Services
are shown in
|Army||Air Force||Marine Corps||Navy|
|General of the Army||General of the Air Force||||Fleet Admiral|
|Lieutenant General||Lieutenant General||Lieutenant General||Vice Admiral|
|Major General||Major General||Major General||Rear Admiral (U)|
|Brigadier General||Brigadier General||Brigadier General||Rear Admiral (L)|
|Lieutenant Colonel||Lieutenant Colonel||Lieutenant Colonel||Commander|
|First Lieutenant||First Lieutenant||First Lieutenant||Lieutenant (Junior Grade)|
|Second Lieutenant||Second Lieutenant||Second Lieutenant||Ensign|
|Chief Warrant Officer Five||||Chief Warrant Officer Five||Chief Warrant Officer Five|
|Chief Warrant Officer Four||||Chief Warrant Officer Four||Chief Warrant Officer Four|
|Chief Warrant Officer Three||||Chief Warrant Officer Three||Chief Warrant Officer Three|
|Chief Warrant Officer Two||||Chief Warrant Officer Two||Chief Warrant Officer Two|
|Warrant Officer One||||Warrant Officer One|||
|Sergeant Major of the Army||Chief Master Sergeant of the Air Force||Sergeant Major of the Marine Corps||Master Chief Petty Officer of the Navy|
|Command Sergeant Major||Command Chief Master Sergeant||Sergeant Major||Command Master Chief Petty Officer|
|Sergeant Major||Chief Master Sergeant||Master Gunnery Sergeant||Master Chief Petty Officer|
|First Sergeant||Senior Master Sergeant||First Sergeant||Senior Chief Petty Officer|
|Master Sergeant||||Master Sergeant|||
|Sergeant First Class||Master Sergeant||Gunnery Sergeant||Chief Petty Officer|
|Staff Sergeant||Technical Sergeant||Staff Sergeant||Petty Officer First Class|
|Sergeant||Staff Sergeant||Sergeant||Petty Officer Second Class|
|Corporal||||Corporal||Petty Officer Third Class|
|Private First Class||Airman First Class||Lance Corporal||Seaman|
|Private||Airman||Private First Class||Seaman Apprentice|
|Private||Airman Basic||Private||Seaman Recruit|
Members of foreign military services serving with the Army have equal status with Army members of equivalent grade. When authorized by the President or the Secretary of Defense, members of foreign military service serving with the Army may exercise operational or tactical control over Army units, but they may not exercise command over Soldiers of the U.S. Army.
a. The chain of command assists commanders at all levels to achieve their primary function of accomplishing the unit's assigned mission while caring for personnel and property in their charge. A simple and direct chain of command facilitates the transmittal of orders from the highest to the lowest levels in a minimum of time and with the least chance of misinterpretation. The command channel extends upward in the same manner for matters requiring official communication from subordinate to senior.
b. Commanders are responsible for everything their command does or fails to do. However, commanders subdivide responsibility and authority and assign portions of both to various subordinate commanders and staff members. In this way, a proper degree of responsibility becomes inherent in each command echelon. Commanders delegate sufficient authority to Soldiers in the chain of command to accomplish their assigned duties, and commanders may hold these Soldiers responsible for their actions. Commanders who assign responsibility and authority to their subordinates still retain the overall responsibility for the actions of their commands.
c. Proper use of the chain of command is vital to the overall effectiveness of the Army. Commanders must acquaint all their Soldiers with its existence and proper function. Effective communication between senior and subordinate Soldiers within the chain of command is crucial to the proper functioning of all units. Therefore, Soldiers will use the chain of command when communicating issues and problems to their leaders and commanders.
Commanders will establish an open door policy within their commands. Soldiers are responsible to ensure that the commander is made aware of problems that affect discipline, morale, and mission effectiveness; and an open door policy allows members of the command to present facts, concerns, and problems of a personal or professional nature or other issues that the Soldier has been unable to resolve. The timing, conduct, and specific procedures of the open door policy are determined by the commander. They are responsible for ensuring that Soldiers are aware of the command's open door policy.
Commanders will ensure that all members of their command receive timely performance counseling. Effective performance counseling of officers, noncommissioned officers (NCO), enlisted Soldiers, and DA civilian employees helps to ensure that they are prepared to carry out their duties efficiently and accomplish the mission. AR 623-3 and AR 690-400 contain counseling requirements in conjunction with the evaluation reporting systems. Unit commanders will determine the timing and specific methods used to provide guidance and direction through counseling. FM 6-22 provides advice and makes suggestions concerning effective counseling. Providing regular and effective performance counseling to all Soldiers, not just those whose performance fails to meet unit standards, is a command function. All commanders will ensure that their subordinate commanders have implemented and are maintaining an effective performance counseling program.
Staff or technical channels may be used for sending reports, information, or instructions not involving variations from command policy and directives.
a. Responsibility. The senior regularly assigned Army officer present for duty normally has responsibility for the command of units, platoon level and above, except as shown in paragraphs 2-8 a , 2-15 , and 2-16 .
b. Command of installations. Command of Army installations is subject to policies, procedures, and regulations promulgated by HQDA.
(1) Command of Army installations is exercised by a senior commander (SC). The SC is designated by senior Army leadership. The SC's command authority over the installation derives from the Chief of Staff, Army (CSA) and Secretary of the Army's (SecArmy) authority over installations. This is a direct delegation of command authority for the installation to the SC. The SC's command authority includes all authorities inherent in command including the authority to ensure the maintenance of good order and discipline for the installation.
(2) Army installations are identified in one of two categories as follows:
(a) Installations managed by Installation Management Command (IMCOM). Installations that are managed by IMCOM are discussed in paragraph 2-5 b (4)(e) .
(b) Installations not managed by IMCOM. Installations that are not managed by IMCOM are discussed in paragraph 2-5 b (4)(f) .
(3) Joint bases. Army installations designated for management under Department of Defense (DOD) Joint Basing Guidance shall be operated in full compliance with DOD requirements. In the event of a discrepancy between this regulation and the DOD policies or procedures for Joint basing, the DOD policies or procedures take precedence.
(4) Roles and responsibilities.
(a) Senior commander. The SC is normally, but not always, the senior general officer at the installation. The SC's mission is the care of Soldiers, Families, and Civilians, and to enable unit readiness. While the delegation of senior command authority is direct from HQDA, the SC will routinely resolve installation issues with IMCOM and, as needed, the associated ACOM, ASCC, or DRU. The SC uses the garrison as the primary organization to provide services and resources to customers in support of accomplishing this mission. All applicable commands support the SC in the execution of SC responsibilities; therefore, the SC is the supported commander by the IMCOM region director (RD), the garrison, and tenants. The SC
(1) Normally is a dual-hatted position. When this occurs the commander exercises discrete authorities as the SC and as a mission commander. The SC responsibilities and authorities are installation focused; the responsibilities and authorities as the mission commander are mission focused.
(2) Can, in rare cases, be an HQDA-appointed civilian versus a uniformed SC, who will assume the SC roles and responsibilities with the exception of UCMJ and command authority. In these instances, the individual will be referred to as the senior manager. Prior to the appointment of the senior manager, command and UCMJ authorities for the installation will be specified.
(3) Is responsible for synchronizing and integrating Army priorities and initiatives at the installation. On IMCOM-managed installations there is a requirement for a strong collaborative relationship between the SC and the IMCOM RD. The SC commands the installation but funding of almost all installation activities flows through the RD.
(4) Assumes the duties and responsibilities of the installation commander where that title is mentioned in U.S. Code or DOD or Army policies.
(5) Assumes the duties and responsibilities of the senior mission commander where that title is mentioned in Army regulations except for regulations involving operational duties and responsibilities. Mission commanders will retain operational duties and responsibilities.
(6) Unless prohibited by law or regulation, the SC may delegate, as necessary, assigned duties and responsibilities to the garrison commander (GC). Such delegation shall be made in writing and specifically state the duties and responsibilities so delegated and the termination date of the delegation.
(7) Establishes installation priorities among all resident and supported units.
(8) Prioritizes base operations support consistent with HQDA priorities and approved common levels of support (CLS) bands.
(9) Oversees the CLS services and capabilities provided to customers. Ensures that those services are provided within the HQDA guidance, designated priorities, and approved CLS bands and coordinates with the IMCOM RD to change HQDA-approved CLS bands to either green, amber, or red.
(10) Approves and submits the installation master plan consistent with HQDA long-range plans and goals through the ACOMs, ASCCs or DRUs, and IMCOM. For IMCOM installations the SC collaborates with the IMCOM RD before the SC submits the installation master plan.
(11) Approves the military construction, Army (MCA) and military construction, Army Reserve (MCAR) project priority list at the installation level. For IMCOM installations the SC collaborates with the IMCOM RD before the SC approves the MCA and MCAR project priority list for the installation. The U.S. Army Corps of Engineers executes MCA and/or MCAR projects for the Army.
(12) Reviews and approves the prioritization of Family and installation programs. For IMCOM installations the SC collaborates with the IMCOM RD before the SC approves Family and installation programs for the installation.
(13) Installation force protection (FP) is as follows: (a) continental United States (CONUS) SC: as directed by U.S. Army North (USARNORTH) and in coordination with the installation management headquarters (IMCOM and Non-IMCOM), oversees FP on the installation; (b) outside continental United States (OCONUS) SC: in coordination with the ASCC and IMCOM is responsible for FP oversight on the installation.
(14) Is normally designated as a General Court-Martial Convening Authority (GCMCA). The GCMCA orders will specify the appellate and review channels for SC GCMCA actions.
(15) The appellate and review authority for administrative actions taken by the SC pertaining to individual Soldiers and DA Civilians will flow through ACOM, ASCC, or DRU channels unless otherwise specified in Army regulations. The terms "next superior authority," "next higher authority," "next higher commander," and "next higher headquarters" as used in other Army regulations, mean ACOM, ASCC, or DRU commander or headquarters.
(16) Will follow command responsibilities for the Total Army Sponsorship Program as stated in AR 600-8-8 .
(17) Serves as the senior Army representative to the surrounding community.
(18) Senior rates the GC.
(b) Garrison commander. The GC is a military officer, lieutenant colonel or colonel, selected by HQDA. The GC commands the garrison, is the SC's senior executive for installation activities, is rated by the IMCOM RD, and is senior rated by the SC. The GC is responsible for day-to-day operation and management of installations and base support services. The GC ensures that installation services and capabilities are provided in accordance with HQDA directed programs, SC guidance, CLS, and IMCOM guidance. The GC provides additional service support in accordance with HQDA directives and provides reimbursable services in accordance with memorandum of understanding or agreement (MOU/MOA). The GC is responsible to deliver Family and installation programs, coordinates and integrates the delivery of support from other service providers, and obtains SC approval of the installation master plan. The GC may be appointed as a Summary Courts-Martial Convening Authority or the Special Courts-Martial convening authority for the installation and its support area; in rare cases the GC may be appointed as GCMCA. In some cases, the senior official on an installation may be the garrison manager. A garrison manager (the civilian equivalent of a GC has the same responsibility and authority as the military counterpart with the exception of UCMJ and command authority. Prior to the appointment of the garrison manager, command and UCMJ authorities for the garrison will be specified. The GC responsibilities are as follows:
(1) Represents the Army and the installation in the surrounding community as directed by the SC.
(2) Approves and issues garrison policies in accordance with respective Army regulations, or installation level policies involving tenant units as directed by the SC.
(3) Approves and issues policies for IMCOM civilian workforce.
(4) Develops and implements the Force Protection Program.
(5) Supports mobilization station requirements.
(c) The Army command, Army service component, or direct reporting unit on U.S. Army Installation Command- managed installations.
(1) Provide to IMCOM a prioritized list of MCA/MCAR projects and requirements that impact subordinate units to support the development of the military construction (MILCON) program and the program objective memorandum.
(2) Provide IMCOM with subordinate mission priority requirements for MILCON and base operations.
(3) Identify to IMCOM, through the CLS process and other requirements development processes, the required levels of garrison support needed to meet mission requirements. Also, identify to IMCOM any support requirements not included in CLS services. Collaborate with IMCOM in developing garrison support requirements that are applicable to all garrisons.
(4) Evaluate the effectiveness of installation services and support and participate in the prioritization of these services and support.
(5) Responsible for mobilization of subordinates as specified in AR 10-87 .
(6) Provide prioritization requirements for information technology and training enabler support to IMCOM.
(7) Responsibilities for FP are: (a) OCONUS: The Geographic Combatant commander exercises Combatant Command (Command Authority) (COCOM) authority over all aspects of FP in the AOR and delegates authority for FP as deemed appropriate and necessary. This includes all aspects of FP on Army installations without exception; (b) CONUS: Commander, USNORTHCOM has tactical control (for FP) over all DOD personnel and assets in the AOR. USARNORTH is designated as USNORTHCOM's ASCC; the authority to execute the FP mission in CONUS is delegated from Commander, USNORTHCOM; (1) USARNORTH has direct command and control authority over commands when executing FP responsibilities for installations/facilities (FP reporting commands/SCs when executing FP responsibilities for installations/facilities); (2) USARNORTH has a supported/supporting relationship with commands not executing responsibilities for installations/facilities (FP supporting commands).
(8) Will follow command responsibilities for the Total Army Sponsorship Program as stated in AR 600-8-8 .
(d) Assistant Chief of Staff for Installation Management. ACSIM is the proponent for all Army installations and in this capacity is responsible for installation policy development and implementation Armywide. The ACSIM does not exercise command authority over Army installations.
(1) ACSIM ensures that real property accountability and reporting is implemented at all installations (see AR 405-45 ).
(2) ACSIM manages HQDA level MILCON in accordance with HQDA priorities and guidance.
(3) ACSIM is the proponent for environmental policy Armywide.
(e) U.S. Army Installation Management Command. The ACSIM is dual-hatted as the Commander of IMCOM. IMCOM is a DRU reporting to the ACSIM as described in AR 10-87 . IMCOM manages Army installations assigned to it. IMCOM executes installation readiness missions, provides equitable services and facilities, optimizes resources, sustains the environment, and enhances the well-being of the military community. IMCOM is accountable for the efficient delivery of installation services and support. The IMCOM is responsive to ACOMs, ASCCs, and DRUs through a supporting to supported relationship.
(1) IMCOM commands the garrisons assigned to it.
(2) IMCOM and its subordinate organizations are supporting commands to the SC on IMCOM installations. There is a requirement for a strong collaborative relationship between the SC and the IMCOM RD. The SC commands the installation but funding of almost all installation activities flows through the RD.
(3) The relationship between IMCOM and the commands of tenant organizations is analogous to the "supporting to supported" command relationship described in Joint Doctrine.
(4) IMCOM RD rates the GC.
(5) IMCOM ensures compliance with HQDA directed programs and CLS bands. IMCOM staffs and coordinates with HQDA funding requests for garrison support requirements identified by ACOM, ASCC, or DRUs that are not included in CLS services.
There is a difference between command relationship in CONUS
and OCONUS for IMCOM installations. These relationships are depicted in
(f) Non-U.S. Army Installation Management Command installations. The SC is designated in accordance with paragraphs 2-5 b (4)(a) and 2-5 b (4)(g) . The SC roles and responsibilities are the same as for all other Army installations.
(1) Army National Guard (ARNG) installations are managed in compliance with National Guard Bureau (NGB) requirements by individual U.S. Property and Fiscal Officers.
(2) U.S. Army Materiel Command (AMC) installations are managed in compliance with AR 700-90 and other appropriate industrial base authorities.
(3) U.S. Army Medical Command (MEDCOM) installations are managed in compliance with AR 40-4 .
(4) Military Surface Deployment and Distribution Command performs terminal management services as a subordinate of USTRANSCOM under the authority of DODD 5158.04 and other appropriate authorities.
(5) U.S. Army Space and Missile Defense Command/Army Strategic Command installations are managed in compliance with AR 700-90 and other appropriate industrial base documents.
(6) The TRADOC ROTC detachments and recruiting sites do not provide garrison support functions and do not have garrison activities.
(7) U.S. Army Corps of Engineers' funded installations and separate facilities not on IMCOM installations are managed in accordance with Federal law, AR 420-1 , and other appropriate regulations.
(g) Change of senior commander.
(1) Permanent change. Commanders of ACOMs (CONUS), ASCCs (CONUS and OCONUS), and DRUs (CONUS) may request a permanent change of SC from HQDA (DACS-GOM) for approval by the CSA.
(2) Temporary change. When temporarily absent from the installation, to include deployment, SCs may remain in command of installations or may relinquish command and designate an acting commander after coordination with applicable ACOM, ASCC, or DRU commanders. When designating an acting commander the SC will notify senior Army leadership, HQ IMCOM, and affected mission commands. Designation of an acting commander shall be in accordance with the procedures established in this regulation for appointing acting commanders.
c. Uniform Code of Military Justice authority. UCMJ authority will be governed by AR 27-10 .
(1) Army commanders in the grade of lieutenant general or above may not assume command of Army installations, except where the installation serves as the location for an Army Corps, CONUS Army, or higher headquarters. Exceptions to this policy must be approved by the CSA and will be implemented in orders issued by HQDA (DACS-GOM).
(2) Command of installations and units under the AMEDD will be as prescribed in AR 40-1 .
Announcement of assumption of command.
Assumption of command will be announced in a memorandum
and will contain the information shown in
. To preclude
two separate documents, appointment (applies only to three- and four-star
general officers) and assumption announcements may be included in
a single memorandum, as shown in
. Senior commander
designation will be indicated on the individual's permanent
change of station (PCS) orders published by GOMO.
(1) Oral assumption of command. Oral assumption of command may be used by units not using orders or other documentation to announce assumption of command or when other circumstances necessitate. Oral assumption of command should be followed by a written assumption of command memorandum as expeditiously as possible.
(2) Distribution. Distribution will be limited to one copy to each person concerned, subordinate commands or elements, interested commands, or agencies, and the next higher headquarters. A copy will be placed in the files of the issuing command and/or the affected command. When a general officer, or general officer designee, assumes permanent command, one copy will be furnished to General Officer Management Office, Chief of Staff (DACS-GOM), 200 Army Pentagon, Washington, DC 20310-0200.
(3) Filing. Organizations and units governed by AR 25-400-2 will file one copy of the assumption document under organizational history files. Disposition is shown in those documents.
(4) Correction and amendments. Assumption of command documents will be amended, rescinded, or revoked by publishing the correct information in another assumption of command document. The document containing the correction will properly identify (by date) the document being corrected, and state to whom it pertains. The amended document will be distributed and filed, as appropriate.
e. Optimum length of command tours. The optimum length of command tours will be based on the needs of the Army, stability within units, the need for officers with command experience, and availability of personnel. Normal optimum command tours are as follows:
(1) Active Component.
(a) For company grade, 18 months with a minimum of 12 months.
(b) For field grade, normal command tour length for battalion/brigade commanders is 18 to 24 months or coincides with tour length for short tour and may be as long as 36 months or more for lifecycle manned units. Commanders who have completed 18 or more months of command as of 30 days prior to the unit's mission readiness exercise or culminating pre-deployment exercise will relinquish command. Officers who surpass 24 months because of deployment will relinquish command 30 to 90 days after redeployment. Extensions or curtailments will be coordinated through the officer's ACOM, ASCC, DRU and then the Colonel Management Office (DACS-COM) for colonels or the Command Management Branch (CMB), HRC for lieutenant colonels.
(c) This policy in paragraph 2-5 e (1)(b) , does not apply to commands that have established 36 to 48 month tour lengths or to Army Acquisition Corps commands.
(d) In overseas areas where the tour length precludes such tenure of command, the command tour will coincide with the overseas tour.
(e) A battalion level command normally will not be held by a colonel. Accordingly, if a promotable lieutenant colonel serving as a battalion commander has a projected promotion date during the command tour, ACOM, ASCC, or DRU commanders will coordinate with HRC to schedule a change of command date as close as possible to the projected promotion date of the officer. In cases where the change of command would adversely affect significant operational requirement, the ACOM, ASCC, or DRU commander will submit a request through the CG, HRC to HQDA for exception to policy.
(2) Reserve Component. RC command tours are governed by AR 140-10 .
f. Command by general officers. Except as indicated in paragraph 2-8 , a general officer will not be assigned without the prior approval of the Chief of Staff, Army through the General Officer Management Office, Office of the Chief of Staff (DACS-GOM), 200 Army Pentagon, Washington, DC 20310-0200.
g. Command of dental units. The senior Dental Corps officer, assigned or attached to a dental TOE unit deployed to receive and treat patients, will assume command of that unit until properly relieved.
h. Command of veterinary units. The senior veterinary officer assigned or attached to a veterinary unit deployed to care for Government-owned animals, for food inspection responsibilities, and/or for civic action programs, will assume command of that unit until properly relieved.
i. Command of Active Army training units. Army National Guard of the United States (ARNGUS) officers (when activated under 10 USC) and U.S. Army Reserve (USAR) officers, serving on active duty (AD) or active duty for training (ADT) under 10 USC, may be assigned as acting commanders of AA training units during annual training (AT). This includes authority under the UCMJ, unless withheld by competent authority. Senior commanders implementing the authority granted by this paragraph will ensure that
(1) Paragraphs 3-1 and 3-3 and are followed.
(2) RCs organizations have adequately trained their commanders according to the Manual for Courts-Martial ( MCM ) and AR 27-10 .
(3) RC commanders receive orientation regarding the administration of military justice at the installation and the unit level.
(4) Necessary attachment orders, direction of the President authority, assumption of acting command letter, administrative measures, and appeal channels are accomplished.
(5) Staff or command judge advocates monitor the fair and just administration of military justice.
j. Active guard reserve personnel. The AGR personnel may be assigned duties (for example, serve as company commanders of AA units in USAREC) that:
(1) Support operations or missions assigned in whole or in part to RCs.
(2) Support operations or missions performed or to be performed by a unit composed of elements from more than one component of the same armed force; or a joint forces unit that includes one or more RC units; or a member of a RC whose RC assignment is in a position in an element of the joint forces unit.
(3) Advise the Secretary of Defense, the Secretaries of the military departments, the Joint Chiefs of Staff, and the commanders of the unified combatant command regarding RC matters.
The senior officer regularly assigned and present for duty with logistical commands (or communication zone headquarters, sections, and areas) and similar specialty immaterial commands will assume command of the organization. (This provision applies unless the senior officer is ineligible under paras 2-15 or 2-16 .)
The DCS, G-1 is responsible for policy on the designation of junior in the same grade to command.
a. When two or more commissioned officers of the same grade, both of whom are eligible to command, are assigned to duty in the same command or organization, the President may assign the command of forces without regard to seniority by DOR.
b. General officers are authorized to announce by direction of the President, the designation of one of several officers of the same grade within a command under their jurisdiction as a commander thereof.
(1) This refers to general officers commanding ACOMs, ASCCs, or DRUs, armies, corps, installations, divisions, separate brigades, regional support commands (RSCs), General Officer Commands (GOCOMs), and heads of DA staff agencies. This may be done without regard to relative seniority. (See paras 2-5 and 2-8 and for policy on general officers.) When an officer who is junior by DOR is designated to command, a memorandum will be used to announce the appointment and will contain the information shown in figure 2-2 .
(2) This appointment is used only if the duties of the position require exercising command. It is not used to assign a junior officer to a staff position that requires supervising and controlling activities of an officer senior by DOR. In staff supervisory positions, commanders make such appointments merely by designation in a memorandum.
c. Commanders will not use the Presidential authority cited in this paragraph to appoint a junior member as their own successor, either temporarily or permanently. In some cases, a commander having authority under this paragraph may find it necessary to place a junior member in his or her position temporarily as acting commander. If so, a request stating the circumstances and asking for the appointment to be made will be sent to the next higher commander having authority under this paragraph. The next higher commander will review the request and make the appointment deemed necessary. Commanders will not issue a blanket designation without prior approval from the ACOM, ASCC, or DRU commander, and, in cases involving general officers, coordination with General Officer Management Office, Chief of Staff (DACS-GOM), 200 Army Pentagon, Washington, DC 20310-0200 for CSA approval. Each designation of a junior to a command position requires a separate action by the appropriate authority except when prior approval of a blanket designation has been authorized.
d. The authority in this paragraph will not be used to assign command functions to chaplains or, unless authorized by the SA or their appointee, to officers of the AMEDD except as in paragraph 2-16 .
e. Commanders and their staffs, at all levels of command, are responsible for ensuring proper delegation of authority to NCOs by their seniors. This policy applies whether the senior is an officer, WO, or another NCO.
a. Commander of Army element.
(1) If a commander of an Army element, other than a commander of a headquarters and headquarters element, dies, becomes disabled, retires, is reassigned, or is temporarily absent, the senior regularly assigned Army Soldier will assume command.
(2) If the commander of a headquarters and headquarters element dies, becomes disabled, retires, is reassigned, or is temporarily absent, the senior regularly assigned Army Soldier of the particular headquarters and headquarters element who performs duties within the element will assume command. For example, if a division headquarters and headquarters company commander is temporarily absent, the executive officer as the senior regularly assigned Army Soldier who performs duties within the headquarters company would assume command and not the division commander.
(3) Senior regularly assigned Army Soldier refers (in order of priority) to officers, WOs, cadets, NCOs, specialists, or privates present for duty unless they are ineligible under paragraphs 2-15 or 2-16 . They assume command until relieved by proper authority except as provided in 2-8 c . Assumption of command under these conditions is announced per paragraph 2-5 . However, the announcement will indicate assumption as acting commander unless designated as permanent by the proper authority. It is not necessary to rescind the announcement designating an acting commander to assume duties of the commander "during the temporary absence of the regularly assigned commander" if the announcement gives the time element involved. A rescinding announcement is required if the temporary assumption of command is for an indefinite period.
b. Principal officials of the Headquarters, Department of the Army. On the death, disability, or temporary absence of a principal official of HQDA, the Secretary of the Army will designate an acting principal official. This does not apply to those principal officials of HQDA that are Presidentially appointed and Senate confirmed. The succession of Presidentially-appointed and Senate-confirmed positions is governed by the Federal Vacancies Reform Act.
c. Commanders of Army commands, Army service component commands, or direct reporting units. A commander of a ACOM, ASCC, or DRU may continue to discharge the functions of command while absent from the limits thereof, if
(1) Such absence is for a short period only.
(2) The commander has reasonable communication with the ACOM, ASCC, or DRU headquarters.
(3) The absence is not caused by physical disability.
d. General officers. During the temporary absence of the regularly assigned commander, ACOMs, ASCCs, or DRUs are authorized to assign general officers under their command to positions of command.
On death, disability, or absence of all officers of a unit normally commanded by an officer, the appropriate commander of the next higher command permanently assigns an officer to command, preferably of the branch to which the unit belongs. Pending assignment and arrival of the new commander, the senior WO, cadet, NCO, specialist, or private regularly assigned to the unit will exercise temporary command. Restrictions on assuming command in paragraphs 2-15 and 2-16 and apply. Assumption of command will be as noted in paragraph 2-8 .
The senior officer, WO, cadet, NCO, or junior enlisted Soldier among troops at the scene of an emergency will assume temporary command and control of the Soldiers present. These provisions also apply to troops separated from their parent units under battlefield conditions. The senior person eligible for command, whether officer or enlisted, within a prisoner of war camp or among a group of prisoners of war, or a group of personnel detained by hostile forces or elements will assume command according to grade and DOR seniority without regard to Service.
A commander in temporary command will not, except in urgent cases, alter or annul the standing orders of the permanent commander without authority from the next higher command. Temporary command is defined to include command assumed under conditions outlined in paragraphs 2-8 , 2-9 , and 2-10 . Such commanders will be considered temporary until designated as permanent, or until replaced by the proper SC.
A commander who succeeds to any command or duty assumes the duties of his or her predecessor. The successor will assume responsibility for all orders in force and all the public property and funds pertaining to the command.
a. When separate commands of the U.S. Army join (or perform duty) together, the senior regularly assigned U.S. Army officer present for duty with the commands concerned will command the forces unless otherwise directed by the President. He or she must not be ineligible under paragraph 2-15 or 2-16 .
b. 32 USC 317 states: "When any part of the National Guard that is not in Federal Service participates in an encampment, maneuver, or other exercise for instruction, together with troops in Federal Services, the command of the post, air base, or other place where it is held, and of the troops in Federal Service on duty there, remains with the officers in Federal Service who command that place and the Federal troops on duty there, without regard to the grade or DOR of the officers of the National Guard not in Federal Service who are temporarily participating in the exercise."
c. When USAR units take part in ADT or AT at a post, the command of that post remains with the officers normally in command. This provision applies regardless of the grade or DOR of the officers of the USAR unit who are temporarily taking part in training there.
a. When separate commands of the several military Services join (or perform duty) together, or personnel of another Service serve with the Army, operational control by an officer of one Service over the units or members of the other Services may be given by agreement between the Services concerned, or as directed by the National Command Authority, by the commander of a unified command to which the separate commands are assigned, or by agreement between two or more commanders of unified commands to which the separate commands are assigned. When the different commands of the Army, Navy, Air Force, Marine Corps, and Coast Guard join or serve together, the officer highest in grade in the Army, Navy, Air Force, Marine Corps, or Coast Guard, who is otherwise eligible to command, will command all those forces unless otherwise directed by the President (see 10 USC 747).
b. Unless otherwise directed by proper authority in the operational chain of command, the commander of the joint forces exercises operational control of the forces of each Service. This will be done through the commander of each component who will retain responsibility for such intra-service matters as administration, discipline, internal organization, and unit training. Ordinarily, an accused will not be tried by a court-martial convened by a member of a different Armed Force unless the accused can not be delivered to their own Service without manifest injury to the Armed Forces. However, commanders of unified combatant commands may convene courts-martial over members of any of the Armed Forces, and commanders of joint commands or joint task forces who have authority to convene a general court-martial may convene a court-martial for the trial of members of another Armed Force when specifically empowered by the President or Secretary of Defense as a GCMCA (see MCM , Rule for Courts-Martial 201(e)).
A person will be considered ineligible for command of an installation, a post or activity when
a. Quartered there, but has a headquarters or office elsewhere.
b. A student at a Service school or civilian institution or undergoing individual training, instruction, or temporary duty (TDY) enroute at a post where they are not a part of the command.
c. Not permanently assigned, and/or the unit involved is not permanently assigned to the post.
d. Assigned primarily as a permanent member of a board.
e. Prohibited from assuming command by statute or by paragraph 2-16 .
f. Assigned specific duty aboard a military vessel or aircraft where the officer's particular duty, specialty, or military occupational specialty (MOS) does not technically qualify him or her to assume the duty of ship's master or aircraft commander.
g. In arrest. (A person under arrest is ineligible to exercise command of any kind.)
a. Officers on duty in Department of the Army staff agencies. Officers on duty or detailed to any of the Services or staff agencies and bureaus of DA (including heads thereof) will not normally assume command of troops other than those of the Service, staff, or bureaus where they are on duty. Exceptions must be directed by proper authority.
b. Officers of the Army Medical Department.
(1) Officers of the AMEDD may exercise command within the AMEDD according to AR 40-1 .
(2) As an exception, officers of the Medical Service Corps may command troops not part of the AMEDD when authorized by the SA; commanders of ACOMs, ASCCs, DRUs, Army groups, armies, corps, divisions, or comparable units; chiefs of the military Services; or heads of other DA Staff agencies.
c. Chaplains. A chaplain has rank without command (see 10 USC 3581). Although chaplains may not exercise command, they have authority to exercise functions of operational supervision and control.
d. Commanding officer of troops on transports. Military personnel embarking on Military Sealift Command vessels are available for command duty unless otherwise indicated in their travel orders, or by reason of their branch of Service. General officers will be excluded from this requirement. Designation of colonels will be at the discretion of the terminal commander.
e. U.S. Army Reserve unit commanders. The authority delegated under paragraph 2-7 will apply in the following cases when it is not practical to assign the senior officer to command:
(1) When the USAR officer selected to command a USAR unit, while in Reserve duty training status, is junior in DOR to other officers of the same grade assigned to that unit (see AR 600-8-29 ).
(2) When a USAR unit is ordered to AD, and the assigned unit commander is junior in DOR to other assigned officers of the same grade (see AR 600-8-29 ).
f. Warrant officers. When assigned duties as station, unit, or detachment commander, WOs are vested with all power usually exercised by other commissioned officers (see DA Pam 611-21 for exceptions).
g. Partially disabled officers. Partially disabled officers continued on AD under AR 635-40 will be assigned to positions in which their special qualifications make them of particular value to the Service. Such officers will not be assigned to command positions unless the assigning authority determines that the person
(1) Has the medical (physical) career potential to serve in combat situations.
(2) Is able to serve until the age for mandatory retirement.
h. Inspectors general. An officer detailed to duty as an Inspector General will not assume command of troops while so detailed. However, an Inspector General is not precluded from assuming temporary command of an organization if they
(1) Is the next senior regularly assigned Army officer of the organization.
(2) Is not otherwise ineligible.
(3) Has been relieved from detail as an Inspector General during the period of temporary command.
i. Program executive officers. With the exception of the CG, U.S. Army Corps of Engineers and the CG, U.S. Army Space and Missile Defense Command, an officer assigned as a program executive officer will not assume command of troops, installations, or activities while so assigned. Requests for exceptions for general officers, other than those specified above, will be submitted to General Officer Management Office, Chief of Staff (DACS-GOM), 200 Army Pentagon, Washington, DC 20310-0200.
j. Professors at the U.S. Military Academy. Officers appointed as permanent professors at the U.S. Military Academy (USMA) exercise command only in the academic departments of USMA (10 USC 4334).
a. When a higher ranking commander loses confidence in a subordinate commander's ability to command due to misconduct, poor judgment, the subordinate's inability to complete assigned duties, or for other similar reasons, the higher ranking commander has the authority to relieve the subordinate commander. Relief is preceded with formal counseling by the commander or supervisor unless such action is not deemed appropriate or practical under the circumstances. Although any commander may temporarily suspend a subordinate from command, final action to relieve an officer from any command position will not be taken until after written approval by the first general officer (to include one frocked to the grade of brigadier general) in the chain of command of the officer being relieved is obtained. Any action purporting to finally relieve an officer from any command position prior to the required written approval will be considered for all purposes as a temporary suspension from assigned duties rather than a final relief from command for cause. If a general officer (to include one frocked to the grade of brigadier general) is the relieving official, no further approval of the relief action is required; however, AR 623-3 concerning administrative review of relief reports remain applicable.
b. If a relief for cause is contemplated on the basis of an informal investigation under AR 15-6 , the referral and comment procedures of that regulation must be followed before initiating or directing the relief. This does not preclude a temporary suspension from assigned duties pending completion of the procedural safeguards contained in AR 15-6. Any action purporting to initiate or direct a relief for cause on the basis of an informal investigation under AR 15-6 taken prior to completion of the procedural safeguards of AR 15-6 will be considered for all purposes as a temporary suspension from assigned duties.
a. The NCO support channel (leadership chain) parallels and complements the chain of command. It is a channel of communication and supervision from the command sergeant major (CSM) to first sergeant (1SG) and then to other NCOs and enlisted personnel of the units. Commanders will define responsibilities and authority of their NCOs to their staffs and subordinates. This NCO support channel will assist the chain of command in accomplishing the following:
(1) Transmitting, instilling, and ensuring the efficacy of the professional Army ethic.
(2) Planning and conducting the day-to-day unit operations within prescribed policies and directives.
(3) Training of enlisted Soldiers in their MOS as well as in the basic skills and attributes of a Soldier.
(4) Supervising unit physical fitness training and ensuring that unit Soldiers comply with the weight and appearance standards of AR 600-9 and AR 670-1 .
(5) Teaching Soldiers the history of the Army, to include military customs, courtesies, and traditions.
(6) Caring for individual Soldiers and their Families both on and off duty.
(7) Teaching Soldiers the mission of the unit and developing individual training programs to support the mission.
(8) Accounting for and maintaining individual arms and equipment of enlisted Soldiers and unit equipment under their control.
(9) Administering and monitoring the Noncommissioned Officer's Development Program, and other unit training programs.
(10) Achieving and maintaining courage, candor, competence, commitment, and compassion.
b. The DA Pam 611-21 and FM 7-22.7 contain specific information concerning the responsibilities, command functions, and scope of NCO duties.
(1) Sergeant Major of the Army. This is the senior sergeant major grade and designates the senior enlisted position of the Army. The sergeant major in this position serves as the senior enlisted adviser and consultant to the CSA.
(2) Command sergeant major. This position title designates the senior NCO of the command at battalion or higher levels. They carry out policies and standards, and advises the commander on the performance, training, appearance, and conduct of enlisted Soldiers. The CSM administers the unit Noncommissioned Officer's Development Program.
(3) First sergeant. The position of 1SG designates the senior NCO at company level. The 1SG of a separate company or equivalent level organization administers the unit Noncommissioned Officer's Professional Development Program.
(4) Platoon sergeant. The platoon sergeant is the key assistant and adviser to the platoon leader. In the absence of the platoon leader, the platoon sergeant leads the platoon.
(5) Section, squad, and team leaders. These direct leaders are the NCOs responsible at this level.
c. NCO disciplinary policies are shown below:
(1) NCOs are important to maintaining discipline in the Army. The policies prescribed in this subparagraph should be considered together with the provisions of chapter 4 of this regulation, AR 27-10 , and the MCM .
(a) NCOs have the authority to apprehend any person subject to trial by court-martial under the MCM ( UCMJ , ART. 7 and para 302(b), rules for courts-martial) and chapter 4 , of this regulation.
(b) NCOs may be authorized by their commanders to order enlisted Soldiers of the commanding officer's command or enlisted Soldiers subject to the authority of that commanding officer into arrest or confinement per the MCM (see para 304(b), rules for courts-martial).
(2) NCOs do not have authority to impose nonjudicial punishment on other enlisted Soldiers under the MCM (UCMJ, Art. 15). However, the commander may authorize an NCO in the grade of sergeant first class or above, provided such person is senior to the Soldier being notified, to deliver the DA Form 2627 (Record of Proceedings under UCMJ, Art. 15) and inform the Soldier of his or her rights. In cases of nonjudicial punishment, the recommendations of NCOs should be sought and considered by the unit commanders.
(3) As enlisted leaders of Soldiers, NCOs are essential to furthering the efficiency of the company, battery, or troop. This function includes preventing incidents that make it necessary to resort to trial by courts-martial or to impose nonjudicial punishment. Thus, NCOs are assistants to commanders in administering minor nonpunitive corrective actions as found in AR 27-10 and Part V, paragraph 1g, of the MCM. "Nonpunitive measures" are not "nonjudicial punishment."
(4) In taking corrective action with regard to subordinates, NCOs will be guided by and observe the principles listed in chapter 4 .
d. NCO prerogatives and privileges are shown below. NCOs will
(1) Function only in supervisory roles on work details and only as NCOs of the guard on guard duty, except when temporary personnel shortages require the NCO to actively participate in the work detail.
(2) Be granted such privileges as organization and senior commanders are capable of granting and consider proper to enhance the prestige of their enlisted troop leaders
Among enlisted Soldiers of the same grade in active military Service, to include retired enlisted Soldiers on AD, precedence or relative grade will be determined as follows:
a. According to DOR.
b. By length of active Federal Service in the Army when dates of rank are the same.
c. By length of total active Federal Service when a and b are the same.
d. By date of birth when a , b , and c are the same older is more senior.
a. On enlistment in the
(1) Army (any component) with no previous military Service, (DOR) of the enlistment grade is the same as the date of enlistment.
(2) Regular Army (RA) following discharge from the USAR (Delayed Entry Program (DEP)), the DOR of the enlistment grade is the same as the date of enlistment in the RA.
(3) Army (any component) of a former commissioned officer or WO with no previous enlisted military Service, the DOR of the enlistment grade is the same as the date of enlistment.
(4) Army (any component) of a former enlisted member of the Armed Forces, other than the Army, if enlisted in the
(a) RA, the DOR of the enlistment grade is the date of enlistment in the RA.
(b) Army National Guard and enlists
(1) More than 24 months after discharge, the DOR of enlistment grade is the date of enlistment.
(2) Within 24 months of the last discharge in the same grade held at the discharge, the DOR will be adjusted to reflect the original DOR plus elapsed time since discharge.
(3) Within 24 months of last discharge in a grade lower than held at discharge, the DOR will be adjusted to reflect the original DOR (of the grade in which enlisting) plus elapsed time since discharge.
(c) USAR and enlists
(1) More than 12 months after discharge, the DOR of enlistment grade is the date of enlistment.
(2) Within 12 months following discharge, the DOR will be adjusted to reflect the original DOR (of the grade in which enlisting) plus elapsed time since discharge.
b. On subsequent enlistment/reenlistment
(1) Without a break in military Service of more than 90 days, the Soldier retains the DOR of the grade held prior to reenlistment.
(2) With a break in military Service of more than 90 days and reenlists in the
(a) RA the DOR of the enlistment grade is the date preceding the reenlistment date by a period equal to the length of time previously served in the RA in the same or higher grade than that in which reenlisted. Service performed prior to reduction to a pay grade lower than that in which a Soldier reenlists is not creditable.
(b) Army National Guard or USAR
(1) More than 24 months following discharge from the RA, ARNG, or USAR, the DOR of the enlistment grade is the date of reenlistment.
(2) Within 24 months of last discharge from the RA, ARNG, or USAR. The DOR of the enlistment grade will be adjusted to reflect the original DOR plus elapsed time since discharge.
(3) Reserve officer and enlisted
(a) A Reserve of the Army enlisted Soldier serving on extended active duty (EAD) in the AA enlists in the RA. The DOR of the enlisted grade is the date of the RA enlistment. An earlier DOR may be awarded on previous RA enlisted Service.
(b) A Reserve of the Army officer with prior RA enlisted Service entitled to reenlist in the RA per Section 3258, Title 10, U.S. Code (10 USC 3258). The DOR is the date preceding the reenlistment date by a period equal to the length of time previously served on AD in the same or higher grade than that in which enlisted. For example, a USAR captain leaves the Army as a result of a reduction in force. Previously, they serve as a sergeant. They reenlist and are promoted immediately to staff sergeant. They DOR as a staff sergeant is the date that they were commissioned as a second lieutenant.
(4) A former officer or WO with prior enlisted Service in the Army, without reenlistment entitlement under 10 USC 3258, enlists in the Army (any component). The DOR of the enlisted grade is the date of reenlistment back dated to include the time spent in the highest enlisted grade held before being commissioned or appointed. Service performed prior to reduction to a pay grade lower than that in which a Soldier reenlists is not credible.
(5) Temporary disability retired list (TDRL)
(a) On removal from the temporary disability retired list
(1) Immediately reenlists in the component of the Army from which he or she had been placed on the TDRL. The DOR is the original DOR held prior to placement on the TDRL.
(2) Subsequently enlists in a component of the Army other than that from which they had been placed on TDRL. The DOR of the enlistment grade will be determined under b .
(b) Soldiers promoted to a higher enlisted grade returning from TDRL
(1) Sergeants and below will be considered for promotion if eligible; and, if promoted, their DOR will be the date of current entry on AD.
(2) Staff sergeant and above, if they are in the zone for consideration while in TDRL, Soldiers will be considered for promotion. If selected, their DOR will be the date they would have been promoted had they not been on TDRL. DOR with peers will be granted if a Soldier was previously selected for promotion by a DA Centralized Promotion Selection Board and placed on TDRL before promotions were made through their sequence number.
c. On call or ordered to AD or ADT.
(1) An ARNG or USAR Soldier is ordered to EAD in the AA, to include mobilization, but not including orders to AD under 10 USC 12304 or 10 USC 12302, a call of the National Guard into Federal Service under 10 USC chapter 1211, or a call of members of the militia into Federal Service under 10 USC chapter 15. The DOR is a date preceding the date of entry on EAD by a period spent on active status in the grade in which ordered to EAD subject to the following conditions:
(a) Only service performed after the most recent break in Service is creditable. For the purpose of this paragraph, a period during which the Soldier was not a member of the Armed Forces is a break in Service if such a period is in excess of 90 days (enlisted Soldier) or 180 days (former officers).
(b) Service performed prior to reduction to a pay grade lower than that in which a person enters on EAD is not credited.
(2) An ARNG or USAR Soldier is ordered to (AGR status, full-time national guard duty (FTNGD), AD for special work, temporary tour of active duty (TTAD), AD under 10 USC 12302 or 10 USC 12304, ADT, a call of the National Guard into Federal Service under 10 USC 12301, 10 USC 12302, 10 USC 12303, and 10 USC 12304, or a call of the militia into Federal Service under 10 USC chapter 15. The DOR of the grade in which ordered to AD or ADT is the date on which the Soldier was advanced or promoted in that grade. If voluntarily reduced to enter on AD or ADT, the DOR will be the date of the rank to which reduced as if the Soldier had never attained a higher grade.
(3) A retired Soldier is called or ordered to AD (includes EAD, TTAD, and mobilization). The DOR of the grade in which ordered to AD will be stated on the AD orders. It is computed by adding, at the time of retirement, the period of time between the date of the retirement and the date of return to AD. In case of additional periods of inactive Service, the DOR is adjusted further.
d. On advancement, promotion, reduction, and grade restoration.
(1) The DOR for advancement and promotion to a higher grade is the date specified in the instrument of promotion or, when no date is specified, is the date of the instrument of promotion.
(2) The DOR for the lateral appointment to a different grade within the same pay grade is date held in the grade from which the appointment was made.
(3) The DOR for the grade held during a period in which lost time occurs will be adjusted to reflect lost time accumulated for any reason. This paragraph is retroactive to include adjustment of DOR held during previous periods of lost time.
(4) The DOR of a grade to which reduced for inefficiency or failure to complete a school course is the same as that previously held in that grade. If reduction is to a higher grade than that previously held, it is the date the Soldier was eligible for promotion under the promotion criteria set forth for that grade.
(5) The DOR on reduction for all other reasons is the effective date of reduction. (See AR 27-10 , when a Soldier is reduced under UCMJ, Art. 15.)
(6) The DOR on restoration to a grade from which reduced following a successful appeal of the reduction or action by a superior authority to mitigate the punishment, is the date held before the reduction. (See AR 27-10 when a Soldier is reduced under the MCM (UCMJ, Art. 15).)
(7) The DOR on restoration to a higher grade held before reduction to comply with requirements to enter initial ADT, or to attend school under an Army program will be the DOR held prior to reduction.
(8) The DOR of an ARNG/USAR Soldier promoted to a higher grade held before acceptance of the reduction of one or more grades, without prejudice, due to lack of position vacancy, unit reorganization, unit inactivation/deactivation, or for entry on FTNGD, AD, or ADT will be a date preceding the promotion by a period equal to the length of time previously served in the grade to which promoted.
The R2C guides the Army's efforts in cultivating a holistic, multidisciplinary approach to health promotion. Additional information regarding R2C and related resources may be accessed on the R2C Web site ( http://www.army.mil/readyandresilient/ ).
a. R2C is a far-reaching and comprehensive initiative to enhance individual and collective resilience in order to improve readiness across the Total Army - Soldiers (Active, National Guard, and Reserve), Army Civilians, and Family members. This initiative integrates and synchronizes the multiple Armywide efforts that are designed to improve physical, psychological and emotional health in order to enhance individual performance and increase overall unit readiness. The R2C has the following key tasks:
(1) Structure policies, systems, and processes to provide effective support to Soldiers, Army Civilians, and Family members.
(2) Integrate resilience support across the spectrum of recruitment, training, development, and transition.
(3) Strengthen Army Professionals and promote trust among Soldiers, leaders, Army Civilians, and the Army.
(4) Communicate the campaign to leaders, Soldiers, Army Civilians, Family members, and external audiences.
b. The ultimate goals for the campaign will be achieved when:
(1) The Army's culture has embraced resilience as part of our profession and as a key and critical component to readiness.
(2) Leaders, Soldiers, Army Civilians, and Family members consistently receive quality assistance through the coordinated efforts of the Army network of support services, thus reinforcing a command climate of trust, mutual respect, and self-discipline.
(3) Soldiers enter the Army strong and become stronger during their service, and the campaign's efforts are incorporated into the Army Campaign Plan's processes and management activities producing enduring change for the institution.
(4) Ultimately, the Army maintains its capability to rapidly deploy and sustain ready and resilient forces to prevent conflict, shape the security environment, and win the nation's wars.
At the DA level, the R2C governance process provides senior leadership with the ability to oversee execution, and identify and frame critical R2C related human dimension issues, gaps, and solutions to enhance R2C execution. The process works to evaluate and strengthen the Army through a comprehensive strategy that evaluates program performance through feedback and metrics that support timely decisions; identifies, synchronizes, and leverages efficiencies; and allocates the resources needed to meet the readiness demands of a dynamic and fluid operational force. The process can be viewed as "a strategic umbrella" over individual programs and processes that have previously operated independently of one another. The significant components of the R2 governance process include the following:
a. Ready and Resilient Campaign Senior Review Group. The Ready and Resilient Campaign Senior Review Group (R2C SRG) is responsible to the Under SecArmy and the VCSA to review actions, provide advice, and make recommendations to Army senior leaders in support of the R2C. These actions include: integrating and coordinating Army programs and services; focusing education and training; transforming the Army's assessment of Soldier, Army Civilian, and Family fitness; and strengthening the Army Profession in order to increase resilience and improve unit readiness. The R2C SRG will focus on improving the delivery of efficient and effective capabilities for the Total Army which increase and sustain resilience and unit readiness.
b. Ready and Resilient General Officer Steering Committee. The Ready and Resilient Campaign General Officer Steering Committee (R2C GOSC) receives direction from and reports directly to the R2C SRG and approves major issues for presentation to the SRG. The R2C GOSC co-chairs review tasks the Ready and Resilient Campaign Council of Colonels (R2C COC) has recommended for closure and makes a final recommendation to the VCSA for closure. Co-chairs may elevate tasks to the VCSA for additional guidance as necessary.
c. Ready and Resilient Council of Colonels. The R2C COC receives direction from and reports directly to the R2C GOSC and approves major issues for presentation to the R2C GOSC. The R2C COC reviews and recommends all task actions for closure to the R2C GOSC. The R2C COC will create new task actions as appropriate.
a. The SecArmy and CSA together form the senior Army leadership responsible for ensuring the readiness of the force. They ensure the effective and timely implementation of policy, program, and budget decisions necessary to enable the Army' s R2C.
b. The Under SecArmy collaborates with the VCSA to provide guidance to the R2C SRG and serves a co-chair with the VCSA.
c. The ASA (M&RA) will oversee the implementation and execution of this chapter to ensure compliance with DOD and Army policy
d. The VCSA
(1) Co-chairs the R2C SRG along with the Under SecArmy.
(2) Supervises the ARSTAF in their coordinated efforts to develop an integrated and holistic approach to enabling the R2 of the force.
(3) Advises the SA and CSA on recommendations from the R2C SRG.
e. The office of the ASA (M&RA) provides strategic guidance and management of human capital, military and civilian, across all Army components, including strategic guidance for the R2C SRG and the standing subcommittees.
f. The DCS, G-1 is responsible for Army R2C and synchronizes and integrates all R2C programs, identifies and develops policy changes necessary to achieve the Army' s R2C end-state and develops a holistic perspective of the human dimension's impact on readiness. Responsibilities include the following:
(1) Serving as lead agent for R2C.
(2) Establishing guidance for governing compliance with R2C initiatives.
(3) Appointing an R2C Director.
(4) Coordinating the agenda for and conducting meetings of the R2C SRG.
(5) Providing staff and administrative support to the R2C SRG.
(6) Maintaining and updating the tools necessary to ensure a holistic approach to integrated strategic planning for R2C programs.
(7) Representing the holistic perspective of Army R2 programs in the planning, programming, budgeting, and execution process.
g. Army Staff proponents are designated Headquarters, Department of the Army principal officials. They provide strategic oversight and direct Armywide policy, programs and/or services, and associated resources in support of R2C goals and outcomes.
h. Army commands, Army service component commands, and/or direct reporting units commanders.
(1) On an ongoing basis, monitor and submit to the U.S. Army Public Health Command (USAPHC) and the DCS, G-1 R2C staff required reports on installation, regional, and command mission readiness trends and garrison support responses to assist in identifying best practices.
(2) Request assistance from USAPHC with oversight and training for Health Promotion Officers (HPOs) and Community Health Promotion Councils (CHPCs), as needed.
(3) Provide additional reports to HQDA, as required.
(4) Require subordinate commanders to incorporate R2C objectives into training schedules, calendars, and risk assessments. Emphasize R2 training, to include any training that builds mental, physical, spiritual, and emotional strength and addresses negative indicators and trends.
i. Director, Army Resiliency Directorate
(1) Receives input, reports, and issues from ACOM, ASCC, and DRU commanders.
(2) Tasks ARSTAF proponents and elements below HQDA for data collection in support of R2C execution.
(3) Provides feedback to Army senior leaders and associated audiences through recurring forums, as required.
(4) Conducts analysis and makes recommendations to governance bodies addressing the integration and synchronization of policy, programs, training, resources, and strategic messaging in support of the R2C.
j. Senior commanders
(1) To the extent permitted by Federal laws and regulations, will identify and leverage installation, region, and state support agencies, programs, and services to augment and synchronize services provided to Soldiers, Army Civilians, and Family members.
(2) Establish and preside over the CHPC to synchronize health promotion and R2C activities. Report working group trends, efforts, results, and best practices to the ACOM, ASCC, DRU, and HQDA levels via the CHPC, as required.
k. Garrison commanders
(1) Serve as a CHPC member and primary provider of installation services and facilities to SCs and tenant organizations.
(2) Integrate installation capabilities and resources with requirements to achieve strategic objectives of the Army R2C and health promotion.
(3) Provide a mechanism for SCs and tenant organizations to communicate their need, assist in prioritizing local requirements, and highlight issues for elevation to senior leaders.
(4) Ensure the effective and efficient delivery of a broad range of programs and services to Soldiers, Army Civilians, Family members, and units in order to build and strengthen their resilience, increase professionalism, and equip them with the knowledge, skills, abilities, and support needed to maintain physical and emotional health.
(5) Coordinate with MEDCOM to implement health promotion programs, to include providing facilities support and staff assistance for unit health promotion events.
l. Medical treatment facility commanders.
(1) Serve as a CHPC member both as the installation director of health services and as the principal advisor to the SC with respect to the Army health promotion program as described in AR 600-63 .
(2) Coordinate with installation and garrison staff in their areas of operation to prioritize health promotion services from the installation and community perspectives.
(3) Develop and implement evidence-based health promotion programs for the installation, geographically dispersed Active Army, ARNG, and USAR units, and the community in partnership with the installation and appropriate staff through the CHPC.
m. Health promotion officers
(1) Coordinate and facilitate the CHPC process for the SC to integrate and align unit, garrison, medical, and mission efforts in support of health promotion and R2 efforts.
(2) Provide subject matter expert support to the SC on the CHPC process and input for health promotion policy.
(3) Coordinate for the SC an installation health promotion strategic plan.
(4) Serve as liaison between the CHPC membership and USAPHC.
(5) Coordinate with subject matter experts to advise the SC on strategies for effective and efficient health promotion initiatives.
(6) Provide subject matter expert support to facilitate the coordination of complementary efforts across integrated programs and services and inform the SC regarding health promotion and R2C issues.
(7) Prepare required reports through the SC to the ACOM, ASCC, and DRU to the USAPHC and DCS, G-1, when required.
n. Commanders and other leaders at all levels will provide an environment that contributes positively to the mental, physical, spiritual, and emotional dimensions of the lives of their subordinates and their Families. Commanders and leaders will demonstrate and promote resilience by setting the example, encouraging help-seeking behavior, and by remaining actively engaged with their Soldiers, Army Civilians, and Family members.
o. Community Health Promotion Council. The CHPC will
(1) Be organized to provide a comprehensive approach to health promotion and R2C.
(2) Identify and recommend strategies to eliminate redundancies and voids in programs and services by evaluating population needs, assessing existing programs, and coordinating targeted interventions.
(3) Initiate preventive interventions that directly impact the Total Army.
(4) Develop and implement means to allow commanders to monitor program goals and objectives.
(5) Identify goals and objectives to meet requirements established by AR 600-63 and the R2C EXORD (HQDA EXORD 110-13) and develop an implementation plan for approval by the SC.
(6) Provide feedback on policy implementation issues, current trends at the installation, regional, and/or state level, and recommendations for adjustments to priorities and resourcing.
(7) Serve as a forum to present best practices for sharing across the community and the Total Army.
(8) Include representation from all installation, regional, and/or state service providers and tenant organizations and include all tenant unit commanders.
a. Military discipline is founded upon self-discipline, respect for properly constituted authority, and the embracing of the professional Army ethic with its supporting individual values. Military discipline will be developed by individual and group training to create a mental attitude resulting in proper conduct and prompt obedience to lawful military authority.
b. While military discipline is the result of effective training, it is affected by every feature of military life. It is manifested in individuals and units by cohesion, bonding, and a spirit of teamwork; by smartness of appearance and action; by cleanliness and maintenance of dress, equipment, and quarters; by deference to seniors and mutual respect between senior and subordinate personnel; by the prompt and willing execution of both the letter and the spirit of the legal orders of their lawful commanders; and by fairness, justice, and equity for all Soldiers, regardless of race, religion, color, gender, and national origin.
c. Commanders and other leaders will maintain discipline according to the policies of this chapter, applicable laws and regulations, and the orders of seniors.
All persons in the military Service are required to strictly obey and promptly execute the legal orders of their lawful seniors.
a. Courtesy among members of the Armed Forces is vital to maintain military discipline. Respect to seniors will be extended at all times (see AR 600-25 ).
b. The actions of military personnel will reflect respect to both the national anthem and the national colors. The courtesies listed in AR 600-25 should be rendered the national colors and national anthem at public events whether the Soldier is off or on duty, whether he or she is in or out of uniform. Intentional disrespect to the national colors or national anthem is conduct prejudicial to good order and discipline and discredits the military Service.
a. Ensuring the proper conduct of Soldiers is a function of command. Commanders and leaders in the Army, whether on or off duty or in a leave status, will
(1) Ensure all Soldiers present a neat, military appearance.
(2) Take action consistent with Army regulations in any case where a Soldier's conduct violates good order and military discipline.
b. On public conveyances in the absence of military police, the person in charge of the conveyance will be asked to notify the nearest military police and arrange to have them, if necessary, take custody of military personnel. In serious situations, such as physical assault, the person in charge of the conveyance will be asked to stop at the first opportunity and request local police assistance. In all such cases, the local police will be advised to telephone (collect) the nearest Army post or Army headquarters.
c. When an offense endangering the reputation of the Army is committed elsewhere (not on a public conveyance) and military police are not available, civilian police will be requested to take appropriate action.
d. When military police are not present, the senior officer, WO, or NCO present will obtain the Soldier's name, grade, social security number, organization, and station. The information and a statement of the circumstances will be sent to the Soldier's commanding officer without delay. If the Soldier is turned over to the civilian police, the above information will be sent to the civilian police for transmittal to the proper military authorities.
Army and Marine Corps military police, Air Force security police, and members of the Navy and Coast Guard shore patrols are authorized and directed to apprehend Armed Forces members who commit offenses punishable under the UCMJ. Officers, WOs, NCOs, and petty officers of the Armed Forces are authorized and directed to quell all quarrels, frays, and disorders among persons subject to military law and to apprehend participants. Those exercising this authority should do so with judgment and tact. Personnel so apprehended will be returned to the jurisdiction of their respective Service as soon as practical. Confinement of females will be according to AR 190-47 .
a. Military authority is exercised promptly, firmly, courteously and fairly. Commanders should consider administrative corrective measures before deciding to impose nonjudicial punishment. Trial by court-martial is ordinarily inappropriate for minor offenses unless lesser forms of administering discipline would be ineffective (see MCM , Part V, and chap 3, AR 27-10 ).
b. One of the most effective administrative corrective measures is extra training or instruction (including on-the-spot correction). For example, if Soldiers appear in an improper uniform, they are required to correct it immediately; if they do not maintain their housing area properly, they must correct the deficiency in a timely manner. If Soldiers have training deficiencies, they will be required to take extra training or instruction in subjects directly related to the shortcoming.
(1) The training, instruction, or correction given to a Soldier to correct deficiencies must be directly related to the deficiency. It must be oriented to improving the Soldier's performance in their problem area. Corrective measures may be taken after normal duty hours. Such measures assume the nature of training or instruction, not punishment. Corrective training should continue only until the training deficiency is overcome. Authority to use it is part of the inherent powers of command.
(2) Care should be taken at all levels of command to ensure that training and instruction are not used in an oppressive manner to evade the procedural safeguards applying to imposing nonjudicial punishment. Deficiencies satisfactorily corrected by means of training and instruction will not be noted in the official records of the Soldiers concerned.
a. Commanding officers exercise broad disciplinary powers in furtherance of their command responsibilities. Discretion, fairness, and sound judgment are essential ingredients of military justice.
d. Commanders will familiarize themselves with their powers and responsibilities as outlined in MCM , AR 27-10 , AR 600-37 , AR 635-200 , and other authorities. Legal advice is available from supporting judge advocates.
c. Disciplinary measures are tailored to specific offenses and individual offenders. Commanders will neither direct subordinates to take particular disciplinary actions, nor unnecessarily restrict the disciplinary authority of subordinates (see UCMJ , Art. 37, Art. 98, and AR 27-10 regarding the proper exercise of authority by commanders).
d. In accordance with AR 190-45 , commanders must submit DA Form 4833 (Commander's Report of Disciplinary or Administrative Action) within 45 days of receipt of offense notification from the Provost Marshal's Office (PMO), Director of Emergency Services (DES), or U.S. Army Criminal Investigation Command (USACIDC). Commanders must refer to Army Law Enforcement (Military Police Investigation or Criminal Investigation Command) every credible allegation (for example, probable cause) that an assigned Soldier committed a crime that falls outside of the commander's investigative purview. In accordance with AR 190-45 and AR 195-2 , if a commander has probable cause to believe that a Soldier assigned to his or her unit has committed a criminal offense that commander must decide the appropriate authority to handle the investigation.
(1) Commanders will report disposition of offenses investigated during a command investigation or inquiry under their authority, meeting the reporting requirements of AR 195-2, when a military law enforcement activity is not involved. Commanders must ensure there are reasonable grounds to believe an offense has been committed and that the person to be identified as the offender committed it. Referral of charges, imposition of nonjudicial punishment, approval of separation from the Service, and conviction by a civilian court are all examples of reasonable grounds. Commanders will complete a DA Form 4833 when they obtain legal review of the investigation or inquiry, and determine to take action against the offender about an incident. Email the completed and signed DA Form 4833 with the supporting documents (record of commander's inquiry, Article 15, or court-martial paperwork) to the supporting installation PMO/DES. For commands not on an installation or commands on a Joint base, the supporting PMO/DES can be found in AR 190-45 .
(2) If the offender holds a security clearance, ensure the security manager sends the completed and signed DA Form 4833 to the DOD Consolidated Adjudication Facility via the Joint Personnel Adjudication System (JPAS).
To ensure organizations and individuals have properly settled their accounts, commanders will
a. Make every effort to settle local accounts of their organizations before movement.
b. Take action to promptly settle organizational accounts with local firms when unable to settle before movement.
c. Take action as needed when Soldiers under their command issue checks against an account with insufficient funds or fail to clear their personal accounts before departure from their stations. This includes consideration under UCMJ, Arts. 15, 121, 123a, 133, or 134. When indebtedness information is received after a Soldier departs from the station consult the servicing judge advocate.
a. The RC members, not serving on AD, are not for most purposes considered officers or employees of the United States solely by reason of their Reserve status. They may accept and receive pay for employment in any civil branch of the public service, in addition to any pay and allowances they may be entitled to under the laws governing members of RCs.
b. A member of the RC, not serving on AD, may practice his or her civilian profession or occupation before or in connection with any department of the Federal Government unless prohibited by law.
c. Conflict of interest laws impose limitations on activities in which persons may engage after terminating AD or employment by the United States. A reservist who has handled a Government matter will not, while in a civilian status, represent any party, other than the Government, in connection with the same particular matter (see 18 USC 207). While handling Government matters, reservists will not take any direct or indirect action in a particular matter in which they have an outside financial interest (see 18 USC 208 and DOD 5500.7-R ).
d. Army National Guard and USAR Soldiers who are officers and employees of the United States or the District of Columbia are entitled to a leave of absence from their civilian employment when ordered under Title 39, District of Columbia Code, to ADT or AT. This leave of absence will be granted without loss of pay, time, or efficiency rating on all days during which they are ordered to duty with troops or field exercises, or for instruction, for periods not over 15 days in any calendar year. As an exception, officers and employees of the United States or of the District of Columbia who are members of the ARNG of the District of Columbia are authorized leave for all days (no limit) on which they are ordered under Title 39, District of Columbia Code, to duty for parades or encampment under 5 USC 6323.
e. Army National Guard and USAR Soldiers may accept and be paid for civil employment with any foreign government, when approved by the SecArmy and the Secretary of State. This includes any concern controlled in whole or in part by a foreign government. AR 600-29 is used for processing applications.
a. Military support of civilian law enforcement is governed by the Posse Comitatus Act (18 USC 1385) and DODI 3025.21 . Commanders will not sanction use of military personnel in support of civilian law enforcement agencies in the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, or United States Territories, except when authorized by law. Because this is a complex area of the law, commanders and law enforcement personnel should consult with their servicing judge advocate or legal advisor.
b. Military personnel may report crimes or other suspicious activities to civilian police agencies or cooperate with civilian authorities in their capacities as private citizens. Military law enforcement personnel may exchange information with civilian authorities according to AR 190-45 .
The DA recognizes and benefits from the activities of many worthy organizations, associations, and clubs. Many of these organizations enjoy close, historical ties with the military community and are composed largely of active or retired military personnel. The DA support of private organizations is strictly regulated by DODI 1000.15 and DOD 5500.7-R .
a. In supporting such organizations and associations, post commanders and heads of DA Staff agencies will
(1) Ensure membership among personnel under their jurisdiction is truly voluntary.
(2) Prohibit any practice that involves or implies compulsion, coercion, influence, or reprisal in the conduct of membership campaigns. This prohibition includes repeated orientations, meetings, or similar counseling of persons who have chosen not to join after given a chance to do so. It also includes using membership statistics in support of supervisory influence.
(3) Prohibit any practice that involves or implies DA sponsorship or endorsement of the organization and its activities.
(4) Prohibit the use of Government property, facilities, or services, for example, golf course membership, as an inducement to join a private organization.
b. This policy does not prohibit commanders from informing personnel without coercion about membership in such organizations. When doing so, commanders will ensure they do not favor one organization over others.
Participation in extremist organizations and activities by Army personnel is inconsistent with the responsibilities of military Service. It is the policy of the United States Army to provide EO and treatment for all Soldiers without regard to race, color, religion, gender, or national origin. Enforcement of this policy is a responsibility of command, is vitally important to unit cohesion and morale, and is essential to the Army's ability to accomplish its mission. It is the commander's responsibility to maintain good order and discipline in the unit. Every commander has the inherent authority to take appropriate actions to accomplish this goal. This paragraph identifies prohibited actions by Soldiers involving extremist organizations, discusses the authority of the commander to establish other prohibitions, and establishes that violations of prohibitions contained in this paragraph or those established by a commander may result in prosecution under various provisions of the UCMJ. This paragraph must be used in conjunction with DODI 1325.06 . DA Pam 600-15 provides guidance in implementing Army policy on extremist activities and organizations.
a. Participation. Military personnel must reject participation in extremist organizations and activities. Extremist organizations and activities are ones that advocate
(1) Racial, gender, or ethnic hatred or intolerance.
(2) Creating or engaging in illegal discrimination based on race, color, gender, religion, or national origin.
(3) The use of force or violence or unlawful means to deprive individuals of their rights under the United States Constitution or the laws of the United States, or any State.
(4) Support for terrorist organizations or objectives.
(5) The use of unlawful violence or force to achieve goals that are political, religious, or ideological in nature.
(6) Expressing a duty to engage in violence against DOD or the United States in support of a terrorist or extremist cause.
(7) Support for persons or organizations that promote or threaten the unlawful use of force or violence.
(8) Encouraging military or civilian personnel to violate laws or disobey lawful orders or regulations for the purpose of disrupting military activities (subversion).
(9) Participating in activities advocating or teaching the overthrow of the U.S. Government by force or violence, or seeking to alter the form of government by unconstitutional means (sedition).
b. Prohibitions. Soldiers are prohibited from the following actions in support of extremist organizations or activities. Penalties for violations of these prohibitions include the full range of statutory and regulatory sanctions, both criminal (UCMJ), and administrative.
(1) Participating in public demonstrations or rallies.
(2) Attending a meeting or activity with the knowledge that the meeting or activity involves an extremist cause when on duty, when in uniform, when in a foreign country (whether on or off duty or in or out of uniform), when it constitutes a breach of law and order, or when it is likely to result in violence or when in violation of off limits sanctions or commander's order.
(3) Fund raising activities.
(4) Recruiting or training members (including encouraging other Soldiers to join).
(5) Creating, organizing, or taking a visible leadership role in such an organization or activity.
(6) Distributing literature on or off a military installation, the primary purpose and content of which concerns advocacy or support of extremist causes, organizations, or activities; and it appears that the literature presents a clear danger to the loyalty, discipline, or morale of military personnel, or the distribution would materially interfere with the accomplishment of a military mission.
(7) Receiving financial assistance from a person or organization who advocates terrorism, the unlawful use of force or violence to undermine or disrupt U.S. military operations, subversion, or sedition.
(8) Browsing or visiting internet Web sites when on duty, without official sanction, that promote or advocate violence directed against the U.S. or DOD, or that promote international terrorism or terrorist themes.
c. Command authority. Commanders have the authority to prohibit military personnel from engaging in or participating in any other activities that the commander determines will adversely affect good order and discipline or morale within the command. This includes, but is not limited to, the authority to order the removal of symbols, flags, posters, or other displays from barracks, to place areas or activities off-limits (see AR 190-24 ), or to order Soldiers not to participate in those activities that are contrary to good order and discipline or morale of the unit or pose a threat to health, safety, and security of military personnel or a military installation.
d. Command options. Commander's options for dealing with a Soldier's violation of the prohibitions includes the following:
(1) UCMJ action Possible violations includes the following:
(a) Article 92 Violation or failure to obey a lawful general order or regulation.
(b) Article 116 Riot or breach of peace.
(c) Article 117 Provoking speeches or gestures.
(d) Article 134 General article, specifically, conduct which is prejudicial to good order and discipline or service discrediting.
(2) Involuntary separation for unsatisfactory performance or misconduct, or for conduct deemed prejudicial to good order and discipline or morale.
(3) Reclassification actions or bar to reenlistment actions, as appropriate.
(4) Other administrative or disciplinary action deemed appropriate by the commander, based on the specific facts and circumstances of the particular case.
e. Command responsibility. Any Soldier involvement with or in an extremist organization or activity (such as membership, receipt of literature, or presence at an event) could threaten the good order and discipline of a unit. In any case of apparent Soldier involvement with or in extremist organizations or activities, whether or not violative of the prohibitions in paragraph 4-12b , commanders must take positive actions to educate Soldiers, putting them on notice of the potential adverse effects that participation in violation of Army policy may have upon good order and discipline in the unit and upon their military Service. These positive actions includes the following:
(1) Educating Soldiers regarding the Army's EO policy. Commanders will advise Soldiers that extremist organizations' goals are inconsistent with Army goals, beliefs, and values concerning EO.
(2) Advising Soldiers that any participation in extremist organizations or activities
(a) Will be taken into consideration when evaluating their overall duty performance, to include appropriate remarks on evaluation reports.
(b) Will be taken into consideration when selections for positions of leadership and responsibility are made.
(c) Will result in removal of security clearances, where appropriate.
(d) Will result in reclassification actions or bar to reenlistment actions as appropriate.
(e) May result in being reported to law enforcement authorities.
(3) The commander of a military installation or other military controlled facility under the jurisdiction of the United States will prohibit any demonstration or activity on the installation or facility that could result in interference with or prevention of orderly accomplishment of the mission of the installation or facility, or present a clear danger to loyalty, discipline, or morale of the troops. Further, such commanders will deny requests for the use of military controlled facilities by individuals or groups that engage in discriminatory practices or for activities involving such practices.
f. Commanders will notify the supporting counterintelligence organization in cases where they know or suspect that Soldiers are engaging in the activities specified in paragraphs 4-12 a (3) to (9) or when they become aware of any of the activities or behaviors defined in AR 381-12 . If a Soldier possesses a security clearance, commanders will ensure the security manager records the derogatory information as an incident report in the JPAS (or subsequent system) in accordance with AR 380-67 .
g. Participation in criminal gangs and activities by Army personnel is inconsistent with the responsibilities of military service. This subparagraph identifies prohibited actions by Soldiers involving criminal gangs, discusses the authority of the commander to establish other prohibitions, and establishes that violations of prohibitions contained in this paragraph or those established by a commander may result in prosecution under various provisions of the UCMJ.
(1) Criminal gangs and activities are ones that advocate the planning or commission of one or more criminal offenses, by persons who share a group identity, and may share a common name, slogan, tattoos, graffiti, clothing style or color, or other shared characteristics like the use of violence and intimidation to further its criminal objectives.
(2) Participation, command authority, command options, and command responsibility are addressed above, in paragraph 4-12 .
(3) Soldiers are prohibited from active participation in gangs or their activities. Penalties for violations of these prohibitions include the full range of statutory and regulatory sanctions, both criminal (UCMJ), and administrative, as listed in paragraph 4-12 d . Below are examples of active participation that are specific to criminal gangs:
(a) Knowingly wearing gang colors or clothing.
(b) Having tattoos or body markings associated with criminal gangs.
(c) Engaging in activities in furtherance of the objective of such gangs or organizations that are detrimental to good order, discipline, or mission accomplishment is incompatible with military service.
(d) Commanders should seek the advice and counsel of their legal advisor when taking actions pursuant to this policy.
English is the operational language of the Army. Soldiers must maintain sufficient proficiency in English to perform their military duties. Their operational communications must be understood by everyone who has an official need to know their content, and, therefore, must normally be in English. However, commanders may not require Soldiers to use English unless such use is clearly necessary and proper for the performance of military functions. Accordingly, commanders may not require the use of English for personal communications that are unrelated to military functions.
a. The term "officer" used in this paragraph includes both commissioned and WOs unless otherwise stated. The term "noncommissioned officer" refers to a Soldier in the grade of corporal to command sergeant major/sergeant major. The term "junior enlisted Soldier" refers to a Soldier in the grade of private to specialist. The provisions of this paragraph apply to both relationships between Soldiers in the Active and Reserve Components and between Soldiers and personnel of other military Services. This policy is effective immediately, except where noted below, and applies to opposite-gender relationships and same-gender relationships.
b. Soldiers of different grades must be cognizant that their interactions do not create an actual or clearly predictable perception of undue familiarity between an officer and an enlisted Soldier, or between an NCO and a junior-enlisted Soldier. Examples of familiarity between Soldiers that may become "undue" can include repeated visits to bars, nightclubs, eating establishments, or homes between an officer and an enlisted Soldier, or an NCO and a junior-enlisted Soldier, except for social gatherings, that involve an entire unit, office, or work section. All relationships between Soldiers of different grade are prohibited if they
(1) Compromise, or appear to compromise, the integrity of supervisory authority or the chain of command.
(2) Cause actual or perceived partiality or unfairness.
(3) Involve, or appear to involve, the improper use of grade or position for personal gain.
(4) Are, or are perceived to be, exploitative or coercive in nature.
(5) Create an actual or clearly predictable adverse impact on discipline, authority, morale, or the ability of the command to accomplish its mission.
c. Certain types of personal relationships between officers and enlisted Soldiers, or NCOs and junior enlisted Soldiers, are prohibited. Prohibited relationships include the following:
(1) Ongoing business relationships between officers and enlisted personnel, or NCOs and junior enlisted Soldiers. This prohibition does not apply to landlord/tenant relationships or to one-time transactions such as the sale of an automobile or house, but does apply to borrowing or lending money, commercial solicitation, and any other type of ongoing financial or business relationship. Business relationships between NCOs and junior enlisted Soldiers that exist at the time this policy becomes effective and that were authorized under previously existing rules and regulations, are exempt provided the individuals are not in the same unit or chain of command and the relationship does not meet the criteria listed in paragraph 4-14 b (1 through 5). In the case of ARNG or U.S. Army Reserve personnel, this prohibition does not apply to relationships that exist due to their civilian occupation or employment.
(2) Dating, shared living accommodations other than those directed by operational requirements, and intimate or sexual relationships between officers and enlisted personnel, or NCOs and junior enlisted Soldiers. This prohibition does not apply to the following:
(a) When evidence of fraternization between an officer and enlisted member or an NCO and a junior enlisted Soldier prior to their marriage exists, their marriage does not preclude appropriate command action based on the prior fraternization. Commanders have a wide range of responses available including counseling, reprimand, order to cease, reassignment, administrative action, or adverse action. Commanders must carefully consider all of the facts and circumstances in reaching a disposition that is appropriate. Generally, the commander should take the minimum action necessary to ensure that the needs of good order and discipline are satisfied.
(b) Situations in which a relationship that complies with this policy would move into noncompliance due to a change in status of one of the members (for instance, a case where two junior enlisted members are dating and one is subsequently commissioned or selected to be a WO, commissioned officer, or NCO). In relationships where one of the enlisted members has entered into a program intended to result in a change in his or her status from enlisted to officer or junior enlisted Soldier to NCO, the couple must terminate the relationship permanently or marry within one year of the date of the appointment or the change in status occurs.
(c) Personal relationships between members of the National Guard or Army Reserve, when the relationship primarily exists due to civilian acquaintanceships, unless the individuals are on AD (other than AT), on FTNGD (other than AT), or serving as a dual status military technician.
(d) Personal relationships between members of the RA and members of the National Guard or Army Reserve when the relationship primarily exists due to civilian association and the RC member is not on AD (other than AT), on FTNGD (other than AT), or serving as a dual status military technician.
(e) Prohibited relationships involving dual status military technicians, which were not prohibited under previously existing rules and regulations, are exempt until 1 March 2015.
(f) Soldiers and leaders share responsibility for ensuring that these personal relationships do not interfere with good order and discipline. Commanders will ensure that personal relationships that exist between Soldiers of different grades emanating from their civilian careers will not influence training, readiness, or personnel actions.
(3) Gambling between officers and enlisted personnel, or NCOs and junior enlisted Soldiers.
d. These prohibitions are not intended to preclude unit based normal team building or activity based on interaction which occurs in the context of community based, religious, or fraternal associations such as scouting, youth or adult sports leagues or teams; membership in organizations such as the Masons or Elks; religious activities including chapel, church, synagogue, mosque, or religious education; Family gatherings; unit-based social functions; or athletic events.
e. All military personnel share the responsibility for maintaining professional relationships. However, in any relationship between Soldiers of different grade or rank, the senior member is generally in the best position to terminate or limit the extent of the relationship. Nevertheless, all members may be held accountable for relationships that violate this policy.
f. Commanders should seek to prevent inappropriate or unprofessional relationships through proper training and personal leadership. Commanders have a wide range of responses available should inappropriate relationships occur. These responses may include counseling, reprimand, order to cease, reassignment, or adverse action. Potential adverse action may include official reprimand, adverse evaluation report(s), nonjudicial punishment, separation, bar to reenlistment, promotion denial, demotion, and courts martial. Commanders must carefully consider all of the facts and circumstances in reaching a disposition that is warranted, appropriate, and fair.
a. Trainee and Soldier relationships. Any relationship between permanent party personnel and initial entry training trainees not required by the training mission is prohibited. This prohibition applies to permanent party personnel without regard to the installation of assignment of the permanent party member or the trainee.
b. Recruiter and recruit relationships. Any relationship between permanent party personnel assigned or attached to the U.S. Army Recruiting Command or National Guard recruiting program, and potential prospects, applicants, members of the DEP, or members of the Delayed Training Program not required by the recruiting mission is prohibited. This prohibition applies to U.S. Army Recruiting Command and National Guard recruiting personnel without regard to the unit of assignment of the permanent party member and the potential prospects, applicants, DEP members, or Delayed Training Program members.
c. Training commands. Training commands (for example, TRADOC and AMEDDC) and the U.S. Army Recruiting Command are authorized to publish supplemental regulations to paragraph 4-15 , which further detail proscribed conduct within their respective commands.
Violations of paragraphs 4-14 b , 4-14 c , and 4-15 may be punished under UCMJ , Art. 92 as a violation of a lawful general regulation.
Department of the Army personnel must place loyalty to country, ethical principles, and law above private gain and other personal interests. The performance of their duties should be in keeping with the highest tradition of military and civilian service to the U.S. Government.
a. Guidance. Minimum standards of conduct required of all Soldiers and Army civilians are prescribed by DOD 5500.7-R that provides Army personnel with guidance on a multitude of ethical issues, including the avoidance of conflicts of interests between their commercial/financial interest and their official duties.
b. Annual training. Commanders at all levels will ensure that all Army personnel required to file either a public or confidential financial disclosure report, contracting officers, procurement officials, and others identified by an Army ethics counselor, receive face-to-face annual ethics training as prescribed by DOD 5500.7-R.
a. The Army affirms the rights of a spouse of a Soldier to pursue and hold a job, attend school, or perform volunteer services on or off a military installation. No DA official will, directly or indirectly, impede or otherwise interfere with these rights. Moreover, no DA official will use the preferences and requirements of the Army or any other DOD component to influence the employment, educational, or volunteer service decisions of a spouse. Neither will such decision of a spouse, nor the marital status of the Soldier, affect, favorably or adversely, the performance evaluations, assignments, or promotion opportunities of the Soldier.
(1) In discharging their responsibilities, members of military promotion, continuation, and similar personnel selection boards are prohibited from considering the marital status of a Soldier, or the employment, educational, or volunteer service activities of a Soldier's spouse. AR 135-155 , AR 135-205 , and AR 600-8-29 provide specific policies governing board conduct.
(2) Personnel decisions, including those related to the assignments of Soldiers, will not be affected favorably or adversely, by the employment, educational, or volunteer services activities of a Soldier's spouse, or solely by reason of a Soldier's marital status. AR 140-10 , AR 614-30 , AR 614-100 , AR 614-200 , and AR 690-700 provide specific policies. Exceptions may be
(a) Necessary to alleviate the personal hardship of a Soldier or spouse upon the request of the Soldier concerned, such as when a Family member requires specialized medical treatment or educational provisions or similar personal preference accommodations.
(b) Needed to facilitate the assignment of dual-military couples to the same geographic area.
(c) Required by law, such as instances in which a prohibited conflict of interest may exist between the official duties of a Soldier and the employment of the Soldier's spouse. DOD 5500.7-R provides specific policies.
(d) Made by the Assistant Secretary of Defense (Personnel and Readiness), with the concurrence of the general counsel, on a case-by-case basis, for reasons of national security, that marital status is an essential assignment qualification for particular military billets or positions.
(3) Performance appraisals on Soldiers, including officer and enlisted evaluations reports, will not contain any information regarding the employment, educational, or volunteer service activities of the Soldier's spouse, or reflect favorably or adversely on the member based solely on the Soldier's marital status. AR 623-3 provides specific policies.
b. Violations of this policy provide a basis for disciplinary action under the UCMJ in addition to appropriate administrative sanctions.
The Army is a values-based organization where everyone is expected to do what is right by treating all persons as they should be treated - with dignity and respect. Hazing, bullying, and other behaviors that undermine dignity and respect are fundamentally in opposition to our values and are prohibited. This paragraph is punitive. Soldiers who violate this policy may be subject to punishment under the UCMJ. Whether or not certain acts specifically violate the provisions of this paragraph, they may be inappropriate or violate relevant civilian personnel guidance. Commanders must seek the advice and counsel of their legal advisor when taking actions pursuant to this paragraph.
(1) Hazing. Any conduct whereby a Servicemember or members regardless of service, rank, or position, and without proper authority, recklessly or intentionally causes a Servicemember to suffer or be exposed to any activity that is cruel, abusive, humiliating, oppressive, demeaning, or harmful. Soliciting or coercing another to participate in any such activity is also considered hazing. Hazing need not involve physical contact among or between military members or employees; it can be verbal or psychological in nature. Likewise, it need not be committed in the physical presence of the victim; it may be accomplished through written or phone messages, text messages, email, social media, or any other virtual or electronic medium. Actual or implied consent to acts of hazing does not eliminate the culpability of the perpetrator. Without outside intervention, hazing conduct typically stops at an identified end-point.
(2) Bullying. Bullying is any conduct whereby a Servicemember or members, regardless of service, rank, or position, intends to exclude or reject another Servicemember through cruel, abusive, humiliating, oppressive, demeaning, or harmful behavior, which results in diminishing the other Servicemember's dignity, position, or status. Absent outside intervention, bullying will typically continue without any identifiable end-point. Bullying may include an abuse of authority. Bullying tactics include, but are not limited to, making threats, spreading rumors, social isolation, and attacking someone physically, verbally, or through the use of electronic media.
(1) What constitutes hazing and bullying? Hazing and bullying can include both physical and nonphysical interactions. Hazing typically involves conduct directed at new members of an organization or individuals who have recently achieved a career milestone. It may result from any form of initiation, "rite of passage," or congratulatory act that includes unauthorized conduct such as: physically striking another while intending to cause, or causing, the infliction of pain or other physical marks such as bruises, swelling, broken bones, internal injuries; piercing another's skin in any manner; forcing or requiring the consumption of excessive amounts of food, alcohol, drugs, or other substances; or encouraging another to engage in illegal, harmful, demeaning, or unauthorized dangerous acts. Unlike hazing, bullying often, but not always, takes the form of excessive corrective measures that, like hazing, involve the infliction of physical or psychological pain and go beyond what is required for authorized corrective training.
(2) Hazing and bullying are not limited to superior-subordinate relationships. They may occur between peers or, under certain circumstances, may involve actions directed towards senior personnel by those junior in rank, grade, or position to them. Hazing may occur during graduation or promotion ceremonies or similar military "rites of passage." However, it may also happen in military settings, such as in small units, to initiate or "welcome" a new member to the unit. Bullying may also occur in all settings but it most often appears as excessive correction of, or punishment for, perceived performance deficiencies. Hazing and bullying are prohibited in all cases, to include off-duty or "unofficial" celebrations or unit functions, on or off post.
(3) What does not constitute hazing or bullying?
(a) Hazing may occur when otherwise authorized or permissible conduct crosses the line into impermissible conduct. Bullying is always committed with the intent to exclude or reject another from inclusion in a group and, while the bullying conduct may appear to be corrective training, it is never authorized or permissible. The imposition of necessary or proper duties and the requirement of their performance does not violate this policy even though the duties may be arduous, hazardous, or both. When authorized by the chain of command and/or operationally required, the following activities do not constitute hazing or bullying: (1) the physical and mental hardships associated with operations or operational training; (2) lawful punishment imposed pursuant to the UCMJ ; (3) administrative corrective measures, including verbal reprimands and command-authorized physical exercises; (4) extra military instruction or corrective training that is a valid exercise of military authority needed to correct a Soldier's deficient performance in accordance with paragraph 4-6 ; (5) physical training and remedial physical training; and (6) other similar activities that are authorized by the chain of command and conducted in accordance with this or another applicable regulation.
(b) Many time-honored customs of the Army include traditional events that celebrate personal milestones and professional achievements. These events are part of our heritage and include hails and farewells, promotion and graduation ceremonies, and other official command functions. When properly organized and supervised, these events serve to enhance morale, esprit de corps, pride, professionalism, and unit cohesiveness. The chain of command will ensure these traditions and customs are carried out in accordance with Army values and that the dignity and respect of all participants is maintained.
(c) The willingness of any participant is irrelevant; therefore, express or implied consent to prohibited behaviors under this paragraph is not a defense to a violation of this regulation.
c. Command responsibilities.
(1) Enforcement of this policy is the responsibility of commanders and supervisors at all levels.
(2) Publish and post written command policy statements on treatment of persons. Statements will be consistent with the Army policy, include the local command's commitment to prevention of hazing and bullying, and reaffirm that these behaviors will not be tolerated. The command policy will explain how and where to file complaints and will state that all complainants will be protected from acts or threats of reprisal. Each ACOM, ASCC, DRU, installation, unit, agency, and activity down to company, troop, or battery level will publish a treatment of persons policy. Commanders must consult with their legal advisor prior to publishing.
(3) Conduct training. On at least an annual basis, commanders will conduct hazing and bullying training as part of the EO training requirements related to promoting a healthy unit climate.
(4) Commanders will immediately report allegations of criminal behavior in violation of this paragraph to law enforcement. All other hazing or bullying allegations that are reported to a commander will be investigated as possible violations of Article 92 of the UCMJ in accordance with the informal board procedures set forth in AR 15-6 or as a commander's inquiry. Individuals may also report incidents of hazing to the appropriate Inspector General's office and these incidents may be investigated by that office or referred to the command for investigation. Regardless of the type of investigation conducted into the hazing or bullying allegation (law enforcement, IG, or administrative), commanders are responsible for coordinating with their unit Equal Opportunity Advisor (EOA) to ensure that all hazing or bullying allegations are recorded and tracked in the Equal Opportunity Reporting System (EORS). Although administrative investigations into hazing or bullying are not EO investigations, EOAs will ensure that these incidents are recorded in EORS for tracking purposes. If a Soldier possesses a security clearance, commanders will ensure the security manager records the derogatory information as an incident report in the JPAS (or subsequent system) in accordance with AR 380-67 .
d. Individual responsibilities. Individuals are responsible for the following:
(1) Advising the command of any incidents of hazing or bullying.
(2) Conducting themselves in accordance with this paragraph and treating all persons as they should be treated - with dignity and respect.
e. Individual reporting. Servicemembers should report hazing or bullying to their commander, law enforcement, or the Inspector General.
Commanders may authorize informal funds. Examples of informal funds are office coffee, cup and flower, and annual picnic funds. These funds are subject to the following guidelines:
a. Use is limited to expenses consistent with the purpose and function of the fund.
b. Only one individual is to be responsible for fund custody, accounting, and documentation. Annually, this individual's supervisor is advised of the fund's financial status.
c. Operation of the fund will be consistent with Army values and DOD 5500.7-R .
d. Fund-raising solicitations conducted by organizations composed of civilian employees or members of the Uniformed Services among their own members for organizational support or for the benefit of specific member welfare funds are permitted, but they should be limited in number and scope during the official Combined Federal Campaign/Army Emergency Relief periods in order to minimize competition with Combined Federal Campaign/Army Emergency Relief.
Members of the Army are provided Government travel charge cards to facilitate official travel and official travel-related expenses away from the Soldier's official duty station. Individual accountability for the management of the Government travel charge card is vital for the continued success of the Government charge card program. The Government travel card will not be used for personal, Family, or household purposes. Misuse of the Government charge card is prohibited.
a. Definition. Misuse of a Government charge card includes any improper or fraudulent use of a Government travel charge card, including any use at establishments or for purposes that are inconsistent with the official business of the Army or with applicable standards of conduct. Improper use of the Government charge card is defined as using the charge card for items or expenses that are not reimbursable as part of official travel or other official duties.
b. Scope. Government charge cards are to be used in accordance with the terms of the application agreement for the Government travel charge card.
c. Command responsibilities. Enforcement of this policy is a responsibility of commanders at all levels. Commanders will ensure that all Soldiers issued Government travel charge cards are properly counseled on the appropriate use of the charge card. The best way to curtail charge card misuse is to prevent it through proper selection of cardholders, training, and leadership by example. Commanders will further monitor use of the Government travel charge card to detect abuse and take appropriate corrective or disciplinary action.
d. Command options. This paragraph is punitive with regards to Soldiers. Violators of this policy may be subject to UCMJ, ART. 92 (Failure to obey a lawful general order or regulation), UCMJ, Art. 133 (Conduct unbecoming an officer and a gentleman), and UCMJ, Art. 134 (Debt, dishonorably failing to pay). Commanders should seek the advice and counsel of their legal advisor when taking actions pursuant to this paragraph.
e. Official travel related expenses. While these cards will be used only for reimbursable expenses associated with official travel, the following (while not reimbursable) are considered to be related to official travel. Therefore, the travel card may be used for the following purposes:
(1) Incidental expenses. The cardholder, while in a travel status, may use the card for non-reimbursable incidental travel expenses, such as rental movies, personal telephone calls, exercise fees, and beverages, when these charges are part of a room billing or meal and are reasonable.
(2) Expenses incurred during leave in conjunction with temporary duty. The travel card also may be used for personal lodging or car rental charges, incurred in conjunction with otherwise authorized official travel expenses, when such charges are an integral part of the billing for the period spent at the TDY location while on official travel (for example, when a traveler spends a weekend or authorized leave at a TDY location before or after TDY, and a room or car rental is continued into TDY, a weekend, or a period of authorized leave).
(3) Payments. The traveler will pay for incidental non-reimbursable personal expenses as part of the normal billing process.
a. General. The Domestic Violence Amendment to the Gun Control Act of 1968 (Section 922, Title 18, United States Code (18 USC 922)), the Lautenberg Amendment, makes it unlawful for any person to transfer, issue, sell or otherwise dispose of firearms or ammunition to any person whom he or she knows or has reasonable cause to believe has been convicted of a misdemeanor crime of domestic violence. It is also unlawful for any person who has been convicted of a misdemeanor crime of domestic violence to receive any firearm or ammunition that has been shipped or transported in interstate or foreign commerce. This chapter applies to all Soldiers throughout the world, including those in hostile fire areas.
b. Definitions. For the purpose of this paragraph only, the following definitions apply:
(1) Crime of domestic violence. An offense that involves the use or attempted use of physical force, or threatened use of a deadly weapon committed by a current or former spouse, parent, or guardian of the victim; by a person with whom the victim shares a child in common; by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian; or by a person who was similarly situated to a spouse, parent, or guardian of the victim. Persons who are similarly situated to a spouse include two persons who are residing at the same location in an intimate relationship with the intent to make that place their home.
(2) Qualifying conviction. A state or Federal conviction for a misdemeanor crime of domestic violence and any general or special court-martial for an offense that otherwise meets the elements of a crime of domestic violence, even though not classified as a misdemeanor or felony. A qualifying conviction does not include a summary court-martial conviction or the imposition of nonjudicial punishment under UCMJ, ART. 15. By DOD policy, a state or Federal conviction for a felony crime of domestic violence adjudged on or after 27 November 2002, will be considered a qualifying conviction for purposes of this regulation and will be subject to all the restrictions and prohibitions of this regulation. A person will not be considered to have a qualifying conviction unless the convicted offender was represented by counsel or knowingly and intelligently waived the right to counsel, and, if entitled to have the case tried by a jury, the case was actually tried by a jury, or the person knowingly and intelligently waived the right to have the case tried by a jury; and, the conviction has not been expunged or set aside, or the convicted offender has not been pardoned for the offense, or had civil rights restored; unless the pardon, expungement, or restoration of civil rights provides that the person may not ship, transport, possess, or receive firearms.
(3) Security clearance. If a completed security clearance investigation reveals that a Soldier has a qualifying conviction, then the investigation will be referred to the Soldier's chain of command for appropriate action consistent with this regulation.
(a) Unless otherwise stated, the senior mission commander is as delineated in General Order No. 4 (2002), ACSIM. Delegation of authority is authorized.
(b) For the USAR, unless otherwise stated, the commander is the commander of the appropriate Army Reserve command (USAR command, 7th ARCOM, 9th RRC, USACAPOC, HRC). Delegation of authority is authorized.
c. Commander's responsibilities.
(1) The commander will ensure that all Soldiers who have a qualifying conviction are notified that it is unlawful to possess, ship, transport, or receive firearms and ammunition as prohibited in this regulation.
(2) In coordination with HQDA, the commander will implement a program of instruction to educate all Soldiers on the domestic violence amendment to the Gun Control Act and the policy as stated in this regulation. Instruction will normally be provided on an annual basis. In addition to formal instruction, an extract of this chapter will be prominently displayed outside unit arms rooms and all facilities in which Government firearms or ammunition are stored, issued, disposed, or transported.
(3) The commander will notify Soldiers that they have an affirmative, continuing obligation to inform commanders or supervisors if they have, or later obtain, a qualifying conviction and that the revised DD Form 2760 (Qualification to Possess Firearms or Ammunition) will be made available to those Soldiers who come forward to report a qualifying conviction in compliance with their obligation to do so. Soldiers will also be notified that neither the information nor evidence gained by filling out the DD Form 2760 may be used against them in any criminal prosecutions for a violation of 18 USC 922, including prosecutions under the UCMJ, based on a violation of 18 USC 922 for conduct that occurred prior to the completion of the DD Form 2760. Company and battery-level commanders will collect completed DD Form 2760 and file it in the Soldier's local military personnel file in accordance with AR 600-8-104 and AR 25-400-2 .
(4) The commander will ensure that policy and procedures are in place to enforce the provisions of this chapter if privately owned firearms or ammunition are permitted in Government quarters. The commander will also ensure that policy and procedures are in place in morale, welfare, and recreation activities and other Government sponsored or sanctioned activities on their installation that engage in the transfer or sale of firearms or ammunition.
(5) The commander will ensure that procedures are implemented to track domestic violence arrests and convictions in the civilian community. This procedure should include regular coordination with local law enforcement and judicial agencies.
(6) If a commander knows or has reasonable cause to believe that a Soldier has a qualifying conviction, then the commander should take all reasonable action to investigate. Soldiers with qualifying convictions must be identified and reported to HQDA to ensure compliance with the law. A commander at any level may initiate the investigation by ordering the Soldier to complete DD Form 2760. Soldiers who have or may have a qualifying conviction should be referred to a legal assistance attorney. A legal assistance attorney will also be available to assist the Soldier in seeking expungement of a qualifying conviction or a pardon.
(7) If a commander knows or has reasonable cause to believe that a Soldier has a qualifying conviction, then he or she will immediately retrieve all Government-issued firearms and ammunition and advise the Soldier to consult with a legal assistance attorney for guidance on lawful disposal or sale of any privately owned firearms and ammunition. Individuals with qualifying convictions are exempt from weapons qualification in accordance with AR 350-1 and will not be assigned individual weapons or ammunition.
(8) Accommodation: Domestic violence is incompatible with Army values and will not be tolerated or condoned. However, Soldiers will be given a reasonable time to seek expungement of or to obtain a pardon for a qualifying conviction and may extend up to one year for that purpose. The following factors will be considered in the commander's determination:
(a) Whether the Soldier attempted to conceal his conviction. In no event will Soldiers be accommodated who have made false statements on the DD Form 2760 .
(b) Whether firearms or deadly weapons were used in the offense that formed the basis for the Soldier's domestic violence conviction.
(c) Whether the conviction is recent or remote in time.
(d) Whether there were incidents of domestic violence before or after the qualifying conviction. In no event will Soldiers be accommodated who have more than one qualifying conviction.
(e) Whether serious injury was caused during the crime of domestic violence.
(f) Whether the Soldier cooperated with law enforcement or investigating authorities.
(g) Whether circumstances suggest the probability of future incidents of domestic violence.
(h) Whether the Soldier has expressed remorse or regret or has entered counseling.
(i) Whether the Soldier has satisfied the judgment of the court.
(j) The length and character of service of the Soldier, the ability and potential of the Soldier, and the needs of the Army for the skills of the Soldier.
(k) Whether accommodation of the Soldier is consistent with actions taken in similar cases.
(l) Whether accommodation of the Soldier would be consistent with good order and discipline and public safety.
(9) Commanders must detail Soldiers whom they have reason to believe have a qualifying conviction to meaningful duties that do not require bearing weapons or ammunition. Commanders may reassign Soldiers to local TDA unit positions that deny them access to weapons and ammunition. Commanders will not appoint or assign Soldiers with qualifying convictions to leadership, supervisory, or property accountability positions that would require access to firearms or ammunition.
d. Personnel policies.
(1) Enlistment/reenlistment. Enlistment of applicants with a qualifying conviction is prohibited and no waivers will be approved. Soldiers with a qualifying conviction will be barred from reenlistment and are not eligible for the indefinite reenlistment program. Soldiers in the indefinite reenlistment program will be given an expiration of term of service (ETS) not to exceed 12 months from the date HQDA is notified of the qualifying conviction. Enlistment and reenlistment policy and procedures for AA are provided in AR 601-210 . Reenlistment policy and procedures for Army Reserve are provided in AR 140-111 . Applicants who have enlisted in the DEP who are found to have a qualifying conviction will be separated from the Delayed Entry Program.
(2) Commissioning/appointment. Applicants with a qualifying conviction will not be approved for commissioning in accordance with AR 135-100 and are ineligible for voluntary indefinite status. Officers with a qualifying conviction will be separated not later than 12 months from the date HQDA is notified of the qualifying conviction.
(3) Flags. Soldiers with a qualifying conviction will be denied favorable personnel action in accordance with AR 600-8-2. The flag may be removed if the qualifying conviction is expunged or set aside by competent authority.
(4) Attendance at service schools. Soldiers with a qualifying conviction are not authorized to attend any service school where instruction with firearms or ammunition is part of the curriculum. Commanders will counsel Soldiers that inability to complete service schools may affect future promotion or retention. Soldiers with a qualifying conviction may not attend any school that requires an AD service obligation; AR 350-100 and AR 621-1 apply.
(5) DA selection board guidance. Selection boards for school, command, and promotion will be instructed that appropriate consideration should be given to qualifying convictions in evaluating the Soldier's potential for future service.
(6) Promotion. Enlisted Soldiers with a qualifying conviction may not be promoted to the next higher grade in accordance with AR 140-158 and AR 600-8-19 . Officers with a qualifying conviction may not be promoted to the next higher grade in accordance with AR 135-155 and AR 600-8-29 .
(7) Separation/retention policy. Officers on AD may request release from AD, submit requests for unqualified resignation, or be processed for elimination under the provisions of AR 600-8-24 . The RC officers not on AD may submit requests for unqualified resignation or be processed for involuntary separation in accordance with AR 135-175 . Enlisted Soldiers on AD may request voluntary separation for the convenience of the Government under Secretarial plenary authority as specified in AR 635-200 . They also may be processed for involuntary discharge under the misconduct provisions of AR 635-200 on the basis of the misconduct that resulted in the qualifying conviction, or for involuntary separation under Secretarial plenary authority if the commander does not believe that discharge for misconduct is warranted. The misconduct and Secretarial plenary authority provisions of AR 135-178 also apply to voluntary or involuntary separation of RC enlisted Soldiers not on AD. The foregoing separation provisions do not apply to Soldiers with statutory military retirement sanctuaries.
(8) Mobilization/deployment. All Soldiers known to have, or whom commanders have reasonable cause to believe have, a qualifying conviction are not mobilization assets and are nondeployable for missions that require possession of firearms or ammunition.
(9) Utilization. Commanders must detail Soldiers whom they have a reason to believe have a qualifying conviction to meaningful duties that do not require bearing weapons or ammunition. Commanders may reassign Soldiers to local TDA unit positions that deny them access to weapons and ammunition. Commanders will not appoint or assign Soldiers with qualifying convictions to any supervisory or to any property accountability positions that require access to firearms or ammunition.
(10) Assignment. All Soldiers will complete a DD Form 2760 prior to receipt of PCS orders. Soldiers with a qualifying conviction are not eligible for overseas service in accordance with AR 614-30 . Assignment of Soldiers with a qualifying conviction will be restricted in accordance with AR 600-8-11 and AR 140-10 . Soldiers with a qualifying conviction will not be approved for entry into the Active Guard Reserve Program in accordance with AR 135-18 .
(11) Evaluation reports. A qualifying conviction is an appropriate subject for comment in an evaluation report in accordance with AR 623-3 .
(12) "Sanctuary" statutes. This regulation and its policies are subject to the "sanctuary" provisions of 10 USC 1176, 10 USC 12686, 10 USC 637(a), and 10 USC 580(a)(4)(C)).
e. Reporting requirements.
(1) Commanders will add Soldiers identified as nondeployable under this chapter to unit status reports. Personnel identified will be added to the nondeployable total under the code LA in accordance with AR 220-1 (PSPER nonavailable report).
(2) Active Army will report qualifying convictions using assignment consideration code L9 (Lautenberg Amendment). Army Reserve will enter Lautenberg data as ASG-CONS "L9" in T APDB-R, database table IAF-T. Refer to current MILPER messages for further guidance.
(3) The ARNG Directorate (NG-ARH-S) will report for ARNG. The Army Reserve command will report for the USAR. Biannual reports will be made (15 January) and (15 July) to HQDA (DAPE-MPE). The individual ready reserve (IRR), Standby Reserve, and Retired Reserve are not subject to reporting requirements.
a. All U.S. Army commissioned officers, WOs, and enlisted members above the grade of E-6 who are on AD or in an AD status in the Reserve Component will report, in writing, any conviction of such member for violation of a criminal law of the United States whether or not the member is on AD or in AD at the time of the conduct which provides the basis for the conviction. The member will report using either a DA Form 4187 (Personnel Action) or a memorandum (see AR 600-8-6 ). Reporting is required for any criminal conviction announced on or after 1 March 2008.
b. The report will be made to the Soldier's commander within 15 days of the date the conviction is announced, even if sentence has not been imposed or the Soldier intends to appeal the conviction.
c. Reserve Component Soldiers not on AD but in an active status will submit reports under this policy at the first drill period after the date the conviction is announced, or within 30 days of the date the conviction is announced, whichever is earlier, even if sentence has not been imposed or the Soldier intends to appeal the conviction.
d. Soldiers in the Individual Ready Reserve will submit their report to the Commander, Human Resources Command (HRC-PDR-R), 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5402 within 30 days of the date the conviction is announced.
e. The written report will be on a DA Form 4187 or in memorandum format and include: Soldier's name, rank, unit of assignment, date of offense(s), specified nature of the offense (charged offenses(s)), place and date of trial, result of the trial, sentence (if available at the time of conviction), and any other supporting documents. In addition, a copy of the conviction and sentencing documents will be submitted with the report. Soldiers may include statements of extenuation or mitigation with their report. Statements of extenuation or mitigation may be used by their chain of command and the General Court Martial Convening Authority (GCMCA) in determining the filing disposition of the conviction as outlined in paragraph 4-23 g .
f. Understanding self-reporting terminology:
(1) Conviction. For the purposes of this policy, the term "conviction" includes a plea or finding of guilty, a plea of nolo contendere (plea of no contest - plead guilty to the change(s) without admitting guilt), and all other actions tantamount to a finding of guilty, including adjudication withheld, deferred prosecution, entry into adult or juvenile pretrial intervention programs, and any similar disposition of charges.
(2) Criminal Law of the United States. Includes any conviction of Federal criminal law, or the law of any State, district, commonwealth, territories, or equivalent criminal law or ordinance, and any criminal law or ordinance of any county, parish, municipality, or local subdivision of any such authority, other than motor vehicle violations that do not involve a court appearance.
(3) Suspension of Favorable Personnel Actions. Suspension of favorable personnel actions is mandatory when an investigation (formal or informal) is initiated on a Soldier by military or civilian authorities.
g. Upon receipt of a report of a criminal conviction, the commander will forward that report to the Special Court Martial Convening Authority (SPCMCA) and will include any statements of extenuation or mitigation, if provided. The SPCMCA, with the assistance of the servicing judge advocate, will obtain an authenticated copy of the conviction and the sentence, if available, from civilian authorities and all available supporting evidence. After review, the SPCMCA will forward the authenticated conviction (and sentence, if available) along with any supporting evidence, and statements of extenuation or mitigation, if provided, to the GCMCA with a recommendation on whether to file the conviction in the Soldier's official military personnel file in accordance with paragraph AR 600-37 . Commanders at all levels may consider the conviction for official purposes, to include, but not limited to, evaluation reports, assignments, selection for schools, awards, initiation of separation, and suspension of security clearance. If the commander initiates separation action, the case will be processed through the chain of command to the separation authority for appropriate action.
h. In accordance with AR 380-67 , Commanders will forward a copy of the DA Form 4187 , including all attachments and any statements of extenuation or mitigation provided by the Soldier, to the DOD Consolidated Adjudication Facility (Army Division) using derogatory information reporting procedures in the JPAS. The report will include the Commander's recommendation regarding retention or revocation of the Soldier's security clearance.
i. In the event a commander or military law-enforcement official receives information that a covered member of the Armed Forces under the jurisdiction of another military department has become subject to a conviction for which a report is required by this section, the commander or military law-enforcement official receiving such information will forward it to the member's immediate commander. If the member's immediate commander cannot be readily identified, the commander or military law-enforcement official receiving the information will forward it to the appropriate Service point of contact listed below:
(1) U.S. Army: Army Operations Center, 3200 Army Pentagon, Washington, DC 20310-3200; (703) 697-0219/ DSN 227-0219.
(2) U.S. Marine Corps Active Duty: Commandant of the Marine Corps (HQMC-JAM), 3000 Marine Corps Pentagon, Washington, DC 20350-3000; (703) 614-4250.
(3) U.S. Marine Corps Reserve: Staff Judge Advocate, Marine Corps Mobilization Command, 15303 Andrews Road, Building 100, Kansas City, MO 64147-1207; 1-800-255-5082.
(4) U.S. Air Force: Headquarters, Air Force Personnel Center (AFPC/DPISIM), Special Programs Office, 550 C Street West, Randolph Air Force Base, TX 78150-4745; (210) 585-2591/ DSN 665-2591.
(5) U.S. Navy Active Duty: Commander, Navy Personnel (PER-83), 5720 Integrity Drive, Millington, TN 38055-8340. Officers: (901) 874-4424/ DSN 882-4424. Senior Enlisted: (901) 874-4433/ DSN 882-4433.
(6) U.S. Navy Reserve: Commander, Navy Personnel Command (PERS-9), 5720 Integrity Drive, Millington, TN 38055-8340; (901) 874-3087/ DSN 882-3087.
This chapter discusses additional responsibilities concerning certain Soldier activities and practices whose regulation is inherent aspects of command. Violation of this chapter will provide a basis for disciplinary action under the UCMJ for those subject to its provisions.
The Department of the Army will provide maximum information about its operation and activities to congressional committees. This information is subject to AR 380-5 , paragraph 7-1. When asked to appear before a congressional committee, Army military personnel will coordinate with the Chief of Legislative Liaison, Office of the SA for guidance or assistance. Coordination will be accomplished with the Assistant Secretary of the Army (Financial Management and Comptroller) on matters pertaining to the budget. See AR 1-20 for additional guidance.
The DCS, G-1 is responsible for policy on Soldier participation in political activities, as contained in 10 USC 973 and DODD 1344.10 as follows:
a. Obligations as a citizen. Soldiers are expected to carry out their obligations as citizens. However, while on AD, Soldiers (including full-time National Guard) are prohibited in certain cases from engaging in certain political activities. The following principles apply:
(1) A Soldier on AD may
(a) Register, vote, and express their personal opinion on political candidates and issues, but not as a representative of the Army.
(b) Make monetary contributions to a political organization.
(c) Attend partisan and nonpartisan political meetings or rallies as a spectator when not in uniform.
(2) A Soldier on AD will not
(a) Use their official authority or influence for interfering with an election; affecting the course or outcome of an election; soliciting votes for a particular candidate or issue; or requiring or soliciting political contributions from others.
(b) Be a candidate for, or hold, civil office except under the conditions set forth in this chapter.
(c) Participate in partisan political management, campaigns, or conventions.
(d) Make campaign contributions to another member of the Armed Forces serving on AD or an employee of the Federal Government.
(3) Appendix B provides guidelines and examples of permissible and prohibited political activities.
(4) Selected Federal statues restricting certain types of political activities by members of the Armed Forces are available at http://www.armyg1.army.mil/hr/command.asp .
b. Participation in local nonpartisan political activities. This regulation does not preclude participation in local nonpartisan political campaigns, initiatives, or referendums. A Soldier taking part in local nonpartisan political activity, however, will not
(1) Wear a uniform or use any Government property or facilities while participating.
(2) Allow such participation to interfere with, or prejudice, the performance of the Soldier's military duties.
(3) Engage in conduct that in any way may imply that the Army has taken an official position on, or is otherwise involved in, the local political campaign or issue.
c. Candidate for elective office. A member on AD may not
(1) Campaign as a nominee, or as a candidate for nomination for civil office, except as authorized in this chapter. When circumstances warrant, the senior commander (or GCMCA) may permit the Soldier to file such evidence of nomination or candidacy for nomination, as may be required by law. Such permission will not authorize activity while on AD that is otherwise prohibited by this regulation, DODD, or Federal statutes.
(2) Become a candidate for any civil office while serving an initial tour of EAD or a tour of EAD that the member agreed to perform as a condition of receiving schooling or other training wholly or partly at U.S. Government expense.
d. Election or appointment to civil office.
(1) Except as authorized by this chapter, or otherwise provided for by law, no member on AD may hold or exercise the function of civil offices
(a) In the U.S. Government that is an elective office, requires an appointment by the President with the advice and consent of the Senate, or is a position on the executive schedule under 5 USC 5312-5 USC 5317).
(b) In the Government of a state; the District of Columbia; a territory, possession, or commonwealth of the United States; or in any political subdivision thereof.
(2) A member may hold or exercise the function of a civil office in the U.S. Government that is not described in this chapter when assigned or detailed to such office or to perform such functions.
(3) As long as they are not serving on EAD, enlisted members and Reserve officers may hold partisan and nonpartisan civil office if such office is held in a private capacity and does not interfere with the performance of military duties. Additionally, enlisted members on EAD may seek and hold nonpartisan civil office as a notary public or member of a school board, neighborhood planning commission, or similar local agent, as long as such office is held in a private capacity and does not interfere with the performance of military duties.
(4) A Soldier on AD may serve as a regular or reserve civilian law enforcement officer or as a member of a civilian fire or rescue squad. Such service will be in a private capacity, will not involve the exercise of military authority, and will not interfere with the performance of military duties.
(5) A Soldier elected or appointed to a prohibited civil office may request retirement and will be retired if eligible for retirement. If the Soldier does not request or is not eligible for retirement, the Soldier will be discharged or released from AD, as determined by the SA.
(6) The separation and retirement requirements above, do not apply if the member declines to serve in the prohibited office; if the SA determines that the member should not be released from AD based on the needs of the Army; or if the member is
(a) Obligated to fulfill an AD service commitment.
(b) Serving or has been issued orders to serve in an area that is overseas, remote, a combat zone, or a hostile-fire pay area.
(c) Ordered to remain on AD while the subject of an investigation or inquiry.
(d) Accused of an offense under UCMJ, 10 USC Chapter 47, or serving a sentence or punishment for such offense.
(e) Pending an administrative separation action or proceedings.
(f) Indebted to the United States.
(g) On AD during a period of declared war, a national emergency, or other period when a unit of the Reserve or National Guard has been called to AD.
(h) In violation of an order or regulation prohibiting the Soldier from assuming or exercising the function of civil office.
(7) A Soldier who refuses to decline to serve in a prohibited civil office after being denied separation or retirement under this chapter, may be subject to disciplinary or adverse administrative action.
(8) No actions undertaken by a Soldier in carrying out assigned military duties will be invalidated solely by virtue of the Soldier having violated the provisions of this chapter.
a. Necessary medical care. A Soldier on AD or ADT will usually be required to submit to medical care considered necessary to preserve his or her life, alleviate undue suffering, or protect or maintain the health of others. Commanders may order the examination of any Soldier in their command when warranted. The medical treatment facility (MTF) commander will determine if hospitalization of the Soldier is appropriate.
b. Mental health evaluation requirements. When a commander determines it is necessary to refer a Soldier for a mental health evaluation, the commander will ensure compliance with the provisions of DODI 6490.01 , which limits the use of mental health evaluations in situations where adversarial actions are involved.
c. Medical care with or without the Soldier's permission.
(1) Emergency medical care. Emergency medical care required to save the life, health, or fitness for duty of the Soldier may be performed. This is determined by the attending physician. If the Soldier should refuse treatment required, and the unit commander is not available, the hospital commander may order the treatment given.
(2) Immunizations. Commanders will ensure that Soldiers are continually educated concerning the intent and rationale behind both routine and theater-specific or threat-specific military immunization standards. Immunizations required by AR 40-562 or other legal directive may be given involuntarily (except as prescribed in para 5-6 of this regulation). The intent of this authorization is to protect the health and overall effectiveness of the command, as well as the health of the individual Soldier. In cases where involuntary immunization is being considered, the following procedures and limitations apply:
(a) Under normal circumstances, actions will not be taken to involuntarily immunize Soldiers. If a Soldier declines to be immunized the commander will
(1) Ensure that the Soldier understands the purpose of the vaccine.
(2) Ensure that the Soldier has been advised of the possibility that the disease may be naturally present in a possible area of operation or may be used as a biological weapon against the United States and its allies.
(3) Ensure that the Servicemember is educated about the vaccine and has been able to discuss any objections with medical authorities.
(4) Counsel the Soldier, in writing, that he or she is legally required to be immunized; that if the Soldier continues to refuse to be immunized that he or she will be legally ordered to do so, and that failure to obey the order may result in UCMJ and/or administrative action for failure to obey a lawful order (UCMJ, Art. 92) as deemed appropriate by the commander.
(5) Order the Soldier to receive the immunization.
(b) If, after any of the steps listed in paragraph 5-4 c (2) (a) , a Soldier elects to be immunized, adverse action will not normally be taken based solely on the initial declination.
(c) When a General Court Martial Convening Authority (GCMCA) or the delegated representative determines that conditions of imminent threat exist (where the threat of naturally occurring disease or use of biological weapons is reasonably possible), Soldiers may be involuntarily immunized. Involuntary immunization(s) will not be ordered by a commander below the GCMCA unless authority to do so has been properly delegated by the GCMCA. Prior to ordering involuntary immunizations, all of the steps outlined in paragraph (a), should be followed, situation permitting. In performing this duty, unit personnel will only use the amount of force necessary to assist medical personnel in administering the immunization.
(3) Isolation and quarantine. Isolation and quarantine for cases of suspected or proven communicable disease may be appropriate.
(4) Detention. Detention on closed wards may be required when needed to ensure proper medical supervision or to protect the Soldier or others from harmful acts.
(5) Medical care for mental disorders. Medical care related to the mental disorders of Soldiers who are found incompetent by a medical board may be given, provided life or health is not likely to be endangered by such procedures or care. (This provision also applies if the Soldier is believed incompetent and medical board action is pending.) These Soldiers may also be given routine medical care needed to treat minor ailments.
(6) Diagnostic medical care. Medical care of a diagnostic nature may be undertaken in order to determine whether a situation exists that would authorize other medical care to be performed.
(7) Physical and other examinations. Physical examinations and associated procedures, and dental or radiological examinations may be required when one or more of the following apply:
(a) Required by law or regulation.
(b) Authorized to be performed without consent by law or other regulations.
(c) Directed by an individual's commander or other appropriate official in order to determine the individual's fitness for duty.
(8) Obtaining evidence. Nothing in this paragraph limits the authority of appropriate officials to order the performance of medical procedures for the purpose of obtaining evidence without the consent of the individual concerned, and without board action in cases where such procedures are authorized under other regulations or the Military Rules of Evidence (MRE), MCM.
d. Refusal to submit to medical care other than care described in paragraph c, above.
(1) Soldiers who refuse to submit (or whose court-appointed guardian or other legal representative objects) to recommended medical care will be referred to a medical board (see AR 40-3 ).
(2) Soldiers will be referred to a medical board if they refuse to submit to dental care and/or radiographic (X-ray) procedures deemed necessary by the installation dental surgeon to create dental record and panographic records of the oral dentition to
(a) Aid in remains identification.
(b) Treat dental conditions judged to be prejudicial to military operations or deployment that may result in evacuation or treatment within the first 12 months (see AR 40-400 ).
(3) When a Soldier refuses to submit to recommended care because of religious practices, the provisions of paragraph 5-6 apply.
e. Medical board proceedings when medical care is refused.
(1) The examining medical boards report should contain the following information:
(a) Statement that the proposed treatment will relieve the incapacity and aid the Soldier's return to a duty status.
(b) Statement that the proposed treatment is an established procedure that qualified and experienced physicians ordinarily would recommend and undertake.
(c) Statement that the Soldier's refusal to undergo treatment is reasonable or unreasonable, or, in the case of a mentally incompetent Soldier, a statement that compulsory treatment is warranted. Consideration should be made of the risks ordinarily associated with the proposed treatment, the Soldier's age, general physical condition, and his or her reasons for refusing treatment.
(2) Generally, refusal of medical care is considered unreasonable without substantial evidence that the treatment is inadvisable. However, in deciding whether refusal of medical treatment, including surgery, is reasonable or unreasonable, the board should consider among other things
(a) Existing evidence that the physical or mental treatment is inadvisable.
(b) Previous unsuccessful operations and procedures.
(c) Any special risks involved in the proposed medical treatment.
(3) The report of the medical board proceedings will show the need and risk of the proposed medical care refused by the Soldier. Moreover, it will show that the Soldier was given the chance to appear in person and will indicate if the Soldier's condition permitted appearing. The report will further show that the Soldier was given the chance to submit a written statement explaining the grounds for refusal. Any statement submitted will be sent with the report.
(4) Soldiers believed to be incompetent will be aided by a representative who may appear in their behalf. The representative need not be legally qualified.
(5) The Soldier will be informed of the approved findings and advised whether the board has determined that the proposed medical care is needed to
(a) Protect the Soldier's health.
(b) Protect the health of others.
(c) Enable the Soldier to perform his or her duties properly.
(6) The board findings must also state that the proposed care will have a positive effect.
f. Results of medical board proceedings. Results of medical board proceedings. Soldiers must be given the results of the board proceedings and offered the opportunity to accept the prescribed medical care. If the Soldier still refuses, the MTF commander will send the medical board proceedings to HQDA (DASG-HS-AS), 5109 Leesburg Pike, Falls Church, VA 22041-3258 for review. When refusal to submit to the prescribed medical care is based on religion, TSG will refer the medical board proceedings to the DCS, G-1 for review and an advisory opinion before action.
(1) TSG will either approve or disapprove the medical board proceedings and return them to the MTF commander.
(2) If TSG approves the medical board proceedings, the Soldier is again given the chance to accept treatment. If the Soldier persists in refusing the medical care, the MTF commander refers the matter to the proper Special Court-Martial Convening Authority. Copies of the medical board proceedings are provided. If the Special Court-Martial Convening Authority orders the Soldier to submit to treatment and the Soldier refuses to obey, the commander may take
(a) Disciplinary action according to MCM.
(b) Administrative action to separate the Soldier from service through retirement, discharge, or other legal means.
a. The DCS, G-1 is responsible for policy on Family care plans as follows:
(1) The Army assists the Soldier in providing for the care of his or her Family members. Mission, readiness, and deployability needs especially as it affects AA, ARNG, and RC single parents, parents with custody pursuant to a court order or separation agreement, and dual military couples with Family members. Plans must be made to ensure Family members are properly and adequately cared for when the Soldier is deployed, on TDY, or otherwise not available due to military requirements. ARNG and RC Soldiers are subject to those policies and regulations, and will implement plans during any period of absence for AT, regularly scheduled unit training assemblies, emergency mobilization and deployment, or other type of AD. Emergency-essential civilians who meet the criteria set forth in paragraph a are encouraged to have a Family care plan that follows the guidelines set forth in this regulation.
(2) DA Form 5305 (Family Care Plan) is not a legal document that can change a court-mandated custodial arrangement, nor can it interfere with a natural parent's right to custody of his/her child. Its sole purpose is to document for Army purposes the plan by which Soldiers provide for the care of their Family members when military duties prevent the Soldier from doing so. It will include proof that guardians and escorts have been thoroughly briefed on the responsibilities they will assume for the sponsor/Soldier and the procedures for accessing military and civilian facilities and services on behalf of the Family members of the sponsor/Soldier. It will attest that the guardian and escort agreed to provide care and have been provided all necessary legal authority and means to do so. It will include proof that the Soldier has obtained consent to the planned designation of guardianship from all parties with a legal interest in the custody and care of the minor child, or proof that reasonable efforts have been made to obtain consent to such designation.
(3) As a minimum, proof will consist of the following attachments to DA Form 5305:
(a) DA Form 5841 (Power of Attorney) or equivalent delegation of legal control (unsigned until deployment).
(b) DA Form 5840 (Certificate of Acceptance as Guardian or Escort).
DD Form 1172-2
(Application for Identification
Card/DEERS Enrollment) for each Family member.
Note. AR 600-8-14 directs that ID cards will be issued for children under age 10 who reside with a single parent or dual military couple.
(d) DD Form 2558 (Authorization to Start, Stop, or Change an Allotment) for AD or retired personnel, unsigned until deployment, or other proof of financial support arrangements.
(e) A letter of instruction to the guardian/escort (see DA Form 5304 (Family Care Plan Counseling Checklist)).
(f) If appropriate, DA Form 7666 (Parental Consent) as evidence of consent to the Family care plan from all parties with a legal interest in the custody of the minor child.
(4) Soldiers are responsible for implementing the Family care plan and thus ensuring the care of their Family members. When operational or security considerations prevent the Soldier from implementing the plan, it will be used by appropriate military or civilian authorities to obtain care for such Family members. DA Form 5305 may be executed at any time when conditions warrant and Family care is necessary due to the required military absence of the Soldier. DA Form 5304, DA Form 5305, DA Form 5840, and DA Form 5841 are available on the Army Publishing Directorate (APD) Web site.
b. Commanders of AA and RC Soldiers, regardless of the Soldier's grade, will conduct or arrange for Family care plan counseling and require a Family care plan be completed when any of the following apply:
(1) A pregnant Soldier who
(a) Has no spouse; is divorced, widowed, or separated; or is residing without her spouse.
(b) Is married to another Service member of an AA or RC of any Service (Army, Air Force, Navy, Marines, or Coast Guard).
(2) A Soldier who has no spouse; is divorced, widowed, or separated, or is residing apart from his or her spouse; who has joint or full legal and physical custody of one or more Family members under the age of 19; or who has adult Family members incapable of self-care regardless of age.
(3) A Soldier who is divorced and not remarried, and who has liberal or extended visitation rights by court decree that allows Family members to be solely in the Soldier's care in excess of 30 consecutive days.
(4) A Soldier whose spouse is incapable of self-care or is otherwise physically, mentally, or emotionally disabled so as to require special care or assistance.
(5) A Soldier categorized as half of a dual-military couple of the AA or RC of any Service (Army, Air Force, Navy, Marines, or Coast Guard) who has joint or full legal custody of one or more Family members under age 19 or who has adult Family members incapable of self-care regardless of age.
c. Soldiers must arrange for the care of their Family members in order to be
(1) Available for duty when and where the needs of the Army dictate.
(2) Able to perform assigned military duties without interference of Family responsibilities.
d. Enlisted Soldiers will be counseled on voluntary and involuntary separation whenever parenthood interferes with military responsibilities (see DA Form 5305 ) under provision of
(1) AR 635-200 for AA Soldiers.
(2) AR 135-178 for RC and ARNG Soldiers.
(3) AR 135-91 for ARNG Soldiers.
e. Officers will be counseled on voluntary and involuntary separations whenever parenthood interferes with military responsibilities (see DA Form 5305 ) under provision of
(1) AR 600-8-24 for AA Soldiers and RC and officers serving on AD or on ADT for a period in excess of 90 days.
(2) AR 135-175 for ARNG and RC Soldiers, except for officers serving on AD or on ADT for a period in excess of 90 days.
(3) NGR 635-101 for ARNG Soldiers.
f. Pregnant Soldiers (who meet the criteria established in paragraph 5-5 b (1) ) will be counseled
(1) In the AA, according to AR 600-8-24 for officers and AR 635-200 for enlisted Soldiers.
(2) In the ARNG and RC, according to AR 135-91 .
(3) On costs of maternity care obtained from civilian sources and the limitations concerning maternity care in military medical facilities.
(4) Using DA Form 5304 as soon as pregnancy is identified but not later than 90 days prior to the expected date of birth of the child. Pregnant Soldiers should receive Family care plan counseling at the time of pregnancy counseling to ensure the Soldier is informed of the responsibilities if she chooses to remain on AD.
(5) That they must complete and have an approved DA Form 5305 showing their intentions for Family care not later than 60 days prior to the date of the birth of the child. DA Form 5840 and DA Form 5841 or other guardianship documents, DD Form 1172-2 , and DD Form 2558 , will be completed, and DA Form 5305 recertified not later than 45 days following the date of birth of the child.
g. The unit commander
(1) May designate an authorized representative to conduct Family care plan counseling using DA Form 5304 and to initial and sign the counseling form in the commander's behalf. The commander or authorized representative will use DA Form 7667 (Family Care Plan Preliminary Screening) to identify those Soldiers whose Family care plan may be at risk and who should consult with an attorney.
(2) Is the sole approving authority for DA Form 5305 . This responsibility will not be delegated.
(3) May authorize an additional 30 days (60 days total from date of counseling) to all AA Soldiers and 60 days (90 days total from the date of counseling) to all RC Soldiers for completion, including submission and final approval of DA Form 5305 with attendant documents.
(4) Must ensure that all required documents are in order, and must be satisfied that the Family care plan meets the requirements and appears to be workable and durable.
(5) Should disapprove DA Form 5305 if the required attachments are not present unless extenuating circumstances exist.
(6) May consider extenuating circumstances in approving DA Form 5305, but must understand that the Soldier is considered non-deployable until a Family care plan is validated and approved.
(7) Must adequately test the validity and durability of the Family care plan, to include contacting the designated guardian(s) prior to final approval or recertification.
(8) Will provide the Soldier 30 days from date of the first disapproval to submit additional documentation or evidence to support the Family care plan.
(9) Will provide the Soldier a reasonable period of time to attempt to rework a Family care plan found to be deficient at time of mobilization, processing for overseas movement, or deployment. Ordinarily, a Soldier will be afforded at least 30 days to correct deficiencies in a plan unless a shorter period is specified by the unit commander due to the urgency and/or nature of the deployment, or due to the nature of the deficiencies.
(10) May authorize leave per AR 600-8-10 for a deployed Soldier to return home when circumstances beyond the Soldier's control preclude the designated guardian from exercising those responsibilities.
(11) Should consider initiating a bar to reenlistment against Soldiers who fail to properly manage personal, marital, or Family affairs, or who fail to provide or maintain adequate Family care plans.
(12) Should consider initiating involuntary separation proceedings against Soldiers who fail to provide and maintain adequate Family care plans.
(13) Should take action to ensure he or she is aware of other situations that may create changes in the status of his or her Soldiers with regard to the Soldier's responsibility to support Family members. These include but are not limited to the following:
(a) Death or disability of spouse.
(b) Legal separation when initial agreements have identified the Soldier as custodial parent or guardian of one or more Family members.
(c) Divorce proceedings awarding joint or full custody of Family members to the Soldier.
(d) Court decrees awarding visitation rights to the Soldier for more than 30 days.
(f) Assumption of foster care responsibilities.
(g) Guardianship agreement for children or adults incapable of self-care to temporarily or permanently reside with the Soldier.
(h) Extended periods of absence by the spouse for schooling, hospitalization, employment, and so forth.
(i) Expiration of current power of attorney, change in guardianship due to PCS, change of temporary care provider.
(14) Will review copies of all child custody orders or marital separation agreements currently in effect to ensure the Family care plan is not inconsistent with any such legal documents. If Family care plan is inconsistent with any existing court orders, decrees, or marital separation agreements, the commander will seek advice from the servicing Office of the Staff Judge Advocate and may advise the Soldier to contact a legal assistance attorney or an attorney he or she has retained at no expense to the government.
(15) Will ensure consent has been obtained pursuant to DA Form 7666 under appropriate circumstances, or proof of notice and/or reasonable efforts having been made to obtain consent to the Family care plan from all parties having a legal interest in the custody and care of the minor child. If consent has been denied, the commander will seek advice from the servicing Office of the Staff Judge Advocate office and will advise the Soldier to contact a legal assistance attorney or an attorney he or she has retained at no expense to the government.
h. The IRR, Individual Mobilization Augmentee, Standby Reserve, Category I and II retirees, and inactive national guard personnel who meet the criteria outlined in paragraph b (1) through (5) are required to maintain valid Family care plans to ensure their availability for AD during a mobilization. Therefore
(1) The CG, HRC will establish specific procedures for counseling, submission, validation, and recertification of Family care plans for RC personnel and category I/II retirees.
(2) The Director, ARNG will establish specific procedures for the counseling, submission, validation, and recertification of Family care plans for inactive national guard personnel.
i. All married Soldiers who have Family members are encouraged to complete and maintain a Family care plan even if not specifically required to do so by this regulation. To do so assists the spouse, commander, rear detachment commander, Family Assistance Center, or next of kin providing care for dependent Family members in the event the spouse is injured, ill, incapacitated, or otherwise unable to provide care for the dependent Family member. Counseling of such is also encouraged
j. Soldiers must use the utmost care and consideration in the designation of guardians to care for Family members.
(1) The parent of any minor children normally has a superior right to the custody of the minor children. If the Soldier designates an individual other than a parent for guardianship in the Family care plan, the Soldier must obtain consent from the parent to such designation using the DA Form 7666 . While such consent is not binding upon a court of law, it demonstrates the other parent is aware of the custodial arrangements set forth in the Family care plan and agrees with those arrangements. Should a Soldier designate a person contrary to the provisions of an existing family law legal document (such as a divorce decree, court order, or marital separation agreement) the Soldier must seek legal assistance to modify the legal document.
(2) Guardians should be persons to whom the Soldier would have no reservations entrusting the total welfare of his/her child or other Family member. Guardians should be persons who are able to exercise that responsibility over extended periods of time, if necessary.
(3) Soldiers have the responsibility to thoroughly brief guardians on arrangements made by the Soldier, location of all pertinent documents, and procedures for accessing military and civilian facilities, services, entitlements, and benefits on behalf of the dependent Family members. Guardians should be made aware that such designation does not authorize them access to any of the military facilities, services, entitlement, or benefits for personal use, but only as the agent for the dependent Family members for whom they have been designated guardian. Senior commanders are authorized to issue agents' letters to designated guardians upon request and presentation of proper documentation (such as DA Form 5841 , DA Form 5840 , children's ID cards, or application for same).
(4) If the guardian is located in an overseas area other than where the Soldier is stationed, the Family member's attendance at Department of Defense Dependent Schools and other schools may require an exception to policy because of the lack of command sponsorship. The Soldier and/or guardian must request the exception; it is not automatic.
k. The following procedures will be used for completing DA Form 5304 and DA Form 5305 . For all assignments, CONUS and OCONUS:
(1) The DA Form 5304 will be used for counseling Soldiers who fall into categories outlined in paragraph b , above, as soon as possible upon arrival at the unit of assignment, and it will be initialed and signed
(a) During unit in-processing, after any event requiring completion of a Family care plan, or at Pre-Deployment processing.
(b) By pregnant Soldiers not later than 90 days prior to the expected date of birth of the child.
(c) By single parents, parents exercising custody pursuant to a court order or marital separation agreement, parents residing apart from his or her spouse and dual-military couples with Family members.
(d) By both members of the dual-military couple and the respective commanders or designated representative. (This assures both unit commanders that Soldiers and their military spouses have made necessary arrangements for the escort, temporary, and primary guardianship responsibilities for Family member. Dual-military couple Soldiers with Family members will be counseled together when practicable.)
(e) By the unit commander or a designated representative and held in the unit suspense files pending completion of DA Form 5305. (It will be returned to the Soldier when no longer needed for suspense action.)
(2) The DA Form 5305 will be
(a) Completed and approved within 30 days for AA Soldiers and 60 days for ARNG and USAR Soldiers from the date of counseling.
(b) Signed by both members of a dual-military couple and, if possible, by both commanders. The same plan should be submitted by both members of the dual-military couple, and neither member should be identified in the plan as the temporary or long-term guardian. Once both commanders have approved and signed the plan, the commander whose Soldier is least likely to deploy should retain the original plan and forward a copy of the complete plan to the other commander. If both members are equally likely to deploy, but one is a Soldier and the spouse is a member of another Service, the original plan should be kept on file in the Soldier's unit and a copy forwarded to the spouse's unit. If both are Soldiers and equally likely to deploy, it is inconsequential which commander has the original copy of the plan.
(c) Recertified at least annually by initialing and dating the DA Form 5305 . This must be done during the anniversary of the Soldier's birth month, after any change of circumstance requiring a change in the Family care plan, or whenever the Soldier is mobilized, deployed, or processed for pre-deployment. Commanders should ensure that all information is current and all documents are still up-to-date and legally valid.
(3) OCONUS assignment and deployment procedures are as follows:
(a) All Soldiers in categories outlined in paragraph b who receive assignment instructions for an OCONUS assignment must be counseled again and must have their DA Form 5305 recertified not later than 30 days before the final out-processing date at the losing installation. If an adequate Family care plan is not submitted within 30 days, the Soldier is not considered deployable, will not depart the command, and the commander will consider initiating involuntary separation proceeding. A copy of the approved DA Form 5305 will be filed in the Soldier' s out-processing file. A copy of the DA Form 5305 will be placed in the military personnel records jacket as a transfer document. The losing unit commander will retain a copy for 90 days after the Soldier departs.
(b) Soldiers must arrange for an escort and transportation for Family members and a guardian in CONUS or United States territory to care for their Family members in the event their Family members are evacuated from OCONUS. If noncombatant evacuation operation procedures are not initiated and Soldiers are alerted for deployment, Soldiers residing in government quarters may request approval for guardians to reside in those quarters in their absence. Noncombatant evacuation operation standing operations should make maximum use of Family care plans to ensure successful operations. Soldiers may also request that they, as a single parent or one member of a dual-military couple, be authorized to personally escort Family members back to CONUS-located guardian. They will be given the opportunity provided time allows and advanced return or early return of Family member paperwork is initiated per local command polices, the Joint Federal Travel Regulation, and Defense Foreign Clearance Guide guidance.
(c) Soldiers unable to provide the unit commander with the required DA Form 5305 and attendant documents will be ineligible for overseas assignment. They should be considered for processing for separation from military Service. Policies regarding eligibility for overseas assignment are contained in AR 614-30 .
(d) Enlisted Soldiers without adequate Family care plans should be considered for separation processing by their unit commanders under the following regulations:
(1) AR 635-200 for AA Soldiers.
(2) AR 135-178 for ARNG and RC Soldiers.
(3) AR 135-91 for ARNG and RC Soldiers.
(e) Officers without adequate Family care plans should be considered for separation processing by their unit commanders under the following:
(1) AR 600-8-24 for AA Soldiers.
(2) AR 135-175 for ARNG and RC Soldiers.
(3) NGR 635-101 for ARNG Soldiers.
(f) The ARNG and RC Soldiers performing duty on an AD status (AT, ADT, AD for special work, TTAD, and AGR) OCONUS must re-certify DA Form 5305 with attendant documents before embarkation to show that adequate care for their Family members has been provided for during their absence and in the event that their return to CONUS is delayed. Soldiers unable to provide the required documentation will not deploy to perform AT OCONUS.
l. DA Form 5305 with attachments will be filed in the unit files and destroyed 90 days after the Soldier departs on PCS orders. In CONUS and OCONUS if the PCS move is a "same-installation" move and the Soldier can maintain the same Family care plan, the Soldier will be allowed to take the original DA Form 5305 to the gaining unit and need not generate a new DA Form 5305. The gaining commander should certify the existing DA Form 5305 when the Soldier arrives in the new unit.
(1) Provide a copy of the DA Form 5305 to the Soldier, dual-military couple spouse, and dual-military spouse's commander.
(2) Place a copy of the DA Form 5305 in the military Personnel Records Jacket that accompanies the departing Soldier to the gaining unit.
(3) Ensure that in the event of deployment, the Family care plan files remain with the rear detachment, or if no rear detachment remains, with the Family Assistance Center servicing the departing unit. Army National Guard and RC commanders must ensure Family care plan files are transferred to Joint Forces Headquarters (JFHQ)/RSC)/GOCOM before departing home station.
m. A copy of DA Form 5305 with copies of DA Form 5840 and DA Form 5841 , and/or other appropriate documents will be provided to the Child and Youth Services (CYS) Program if the CYS certified Family Child Care Provider is designated as temporary guardian. AR 608-10 requires that a copy of DA Form 5305 be on file at the military Child Development Center if the Soldier's Family members are enrolled in the day care or extended care program.
n. Commanders must stress the Soldier's obligation to both the military and to his/her Family members. Moreover, they must ensure Soldiers understand they will not receive special consideration in duty assignments or duty stations based on their responsibilities for Family members unless enrolled in the Exceptional Family Member Program (see AR 608-75 for more information). They must also ensure that Soldiers are aware that the Family care plan is not a legal document that can change a court mandated custodial arrangement, nor can it interfere with a natural parent's right to custody of his/her children. The main evidence that Soldiers have made adequate arrangements for the care of their dependent Family members will be the execution of DA Form 5305 with its attendant documents listed below
(1) DA Form 5841, special power of attorney or other legal documents designating escort, temporary, and primary guardian(s) (unsigned until the Soldier is deployed).
(2) Notarized DA Form 5840 from person(s) named in power of attorney.
(3) Completed DD Form 1172-2 for each Family member.
(4) Completed DD Form 2558 (unsigned until deployment) or proof of other adequate financial arrangements for care of Family members.
(5) Letters of instructions containing additional pertinent information for escorts, temporary or long-term guardians (see DA Form 5840 ).
(6) Completed DA Form 7667 .
(7) Copies of any child custody orders or marital separation agreements currently in effect that impact upon the custody of a Soldier's minor children.
(8) Completed DA Form 7666 under appropriate circumstances, or proof of notice and/or reasonable efforts having been made to obtain consent to the Family care plan from all parties having a legal interest in the custody and care of the minor children.
o. Commanders will encourage Soldiers to consult with a legal assistance attorney about having a will prepared. The Family care plan does not require a will, and Soldiers will not be ordered to obtain a will. When a will is prepared, it will not be retained in the unit files. Soldiers will be encouraged but not required to ensure that information regarding the location of a Soldier's will is contained in the Family care plan.
p. The AA commanders will continue to use the Family Care Counseling Report (SIDPERS AAA-338) until such time as the Defense Integrated Military Human Resources System comes on line.
q. Maximum feasible testing of the validity and durability of Family care plans will be accomplished (for example, during exercises, alerts, Pre-Deployment processing, mobilization, deployment, AT, and other unit activities) to ensure information in a Soldier's DA Form 5305 is accurate, current, and executable. Family care plans found to be invalid during the above testing will be revised/recertified within 30 days of the finding. For ARNG and RC Soldiers, it will be revised/recertified within 60 days unless mobilization mission requirements preclude authorizing that amount of time.
a. The Army places a high value on the rights of its Soldiers to observe tenets of their respective religions or to observe no religion at all. In accordance with Sections 2000bb through 2000bb-4, Title 42, United States Code (42 USC 2000 bb - 2000bb-4) and DODI 1300.17 , the Army will approve requests for accommodation of religious practices unless accommodation will have an adverse impact on unit readiness, individual readiness, unit cohesion, morale, good order, discipline, safety, and/or health. As used in this regulation, these factors will be referred to individually and collectively as "military necessity." All requests for accommodation of religious practices will be assessed on a case-by-case basis. Each request must be considered based on its unique facts; the nature of the requested religious accommodation; the effect of approval or denial on the Soldier's exercise of religion; and the effect of approval or denial on military necessity. Accommodation of a Soldier's religious practices must be examined against military necessity and cannot be guaranteed at all times.
b. The ASA (M&RA) will oversee the implementation and execution of this paragraph to ensure compliance with DOD and Army policy.
c. The DCS, G-1 will develop policy on the accommodation of religious practices within the Army.
d. The following will ensure that every enlisted (to include reenlistment), warrant, cadet, and commissioned officer applicant is informed of the Army's religious accommodation policy as set forth in this regulation and, furthermore, that applicants acknowledge in writing that they have been so informed:
(1) The CG, U.S. Army Recruiting Command (for initial enlisted and AMEDD officer accessions).
(2) The CG, TRADOC (for all ROTC cadets, WO candidates, and officer candidates).
(3) The Judge Advocate General (for all judge advocate officer accessions).
(4) The Chief of Chaplains (for all chaplain officer accessions).
(5) Superintendent, USMA (for all USMA cadet applicants).
e. The Chief of Chaplains will serve as advisor to the DCS, G-1 on matters pertaining to religious accommodation and formulate and disseminate education and training programs regarding religious traditions and practices within the Army.
f. The CG, TRADOC will ensure that training on the provisions of this chapter is provided for commanders, chaplains, and judge advocates.
g. Unit commanders will approve or disapprove requests for accommodation of religious practices which do not require a waiver of Army policy on uniform wear, appearance, and/or grooming. If a commander determines partial or complete denial is appropriate, he/she will prepare a memorandum specifying the basis for denial and provide a copy of the memorandum to the Soldier. Commanders who rescind a previously approved religious accommodation will prepare a memorandum specifying the basis for rescission and provide a copy of the memorandum to the Soldier. Denial or rescission must be based upon one or more of the criteria discussed in paragraph 5-6 a .
h. Requests for religious accommodation generally fall into five major areas:
(1) Worship practices. Some religious groups have worship requirements that conflict with the Soldier's normal availability for duty; for example worship on days other than Saturday or Sunday, a 25-hour Sabbath, or special holy days or periods. These will be accommodated except when precluded by military necessity. If the time required for religious worship falls within normal duty hours or duty rosters, the Soldier may request exception from those hours and rosters. The Soldier, however, must be prepared to perform alternative duty or duty hours. Commanders may grant ordinary leave as an option to Soldiers who desire to observe lengthy holy periods or days.
(2) Dietary practices. Some faith groups have religious tenets that prohibit the eating of specific foods, or prescribe a certain manner in which food must be prepared. A Soldier with a conflict between the diet provided by the Army and that required by religious practice may request an exception to policy to ration separately. Religious belief is grounds for granting such an exception. The Soldier may also request permission to take personal supplemental rations when in a field or combat environment.
(3) Medical practices.
(a) Some religious practices conflict with normal Army medical procedures. These practices include beliefs in self-care, and prohibitions against immunizations, blood transfusions, or surgery.
(b) A Soldier whose religious tenets involve self-care may request accommodation for non-emergency or non-life-threatening illness or injury. Medical treatment may be deferred pending a decision on whether or not to accommodate the Soldier's religious practices; however, the unit and MTF commanders will consider the time constraints for the Soldier to recuperate without military medical care when determining whether or not to grant the request for accommodation.
(c) Soldiers who refuse to submit (or whose court-appointed guardian or other legal representative objects) to recommended medical treatment because of religious objections will be referred to an ad hoc committee established by the medical commander. The composition of and procedures followed by this committee are at the discretion of that commander, except that the committee must include a chaplain and be chaired by a medical corps officer. In addition, all committee members must be officers or full-time employees of the Federal Government.
(d) The medical board's report will include the following information:
(1) Proposed treatment required to relieve the incapacity and aid the Soldier's return to duty status, and expectation to perform such treatment.
(2) The need for the medical care refused by the Soldier.
(3) Reasonableness of the Soldier's refusal to undergo treatment. (The risks ordinarily associated with the proposed treatment, the Soldier's age, general physical condition, and the reasons for refusing treatment will be considered and articulated in this report.)
(4) Evidence that the Soldier was given the opportunity to appear before the board in person; submit a written statement; or submit written statements from a member of his or her faith group. If circumstances do not permit the Soldier to appear in person or submit a written statement (or both), or the Soldier declines to appear in person or submit a written statement; then the board will include this information in the report.
(5) Soldiers believed incompetent will be aided by an appointed representative who may appear on their behalf. The representative need not be legally qualified. Rationale for the determination of incompetency will be included in the report. All Soldiers referred to committee will have the right to a representative.
(6) The Army's concern is with the possible effects of accommodation on the Soldier's health and ability to carry out assigned tasks, the health of others, and the military medical system. If the examining board finds that the proposed medical care is needed based on any of these concerns, then the Soldier must be informed and given the opportunity to accept the prescribed medical care. If the Soldier still refuses the medical treatment commander will forward the medical board proceedings to TSG, who will approve or disapprove the medical board proceedings and return them to the MTF commander.
(7) TSG will provide a copy of this determination to Office Deputy Chief of Staff, G-1, (DAPE-MPC), Washington, DC 20310-0300.
(8) If TSG approves the medical board proceedings, the Soldier is again given the opportunity to accept the treatment. If the Soldier refuses, the MTF refers the matter to the Soldier's special court-martial convening authority for action as that authority deems appropriate.
(9) In emergency situations the MTF may order, or the attending physician may take, immediate steps in accordance with local MTF policy to save a Soldier's life regardless of religious practices or objections.
(e) Immunization requirements for Soldiers are described in AR 40-562 . Soldiers whose religious practices conflict with immunization requirements may request an exemption through command channels to TSG.
(1) Requests for religious exemption must include name, rank, MOS/branch, the name of the recognized religious group, date of the applicant's affiliation, a description of the religious tenet or belief contrary to immunization, and supporting certification signed by an authorized personal religious counselor. The counselor attests that the applicant is an active member in good standing of the religious group, adheres to tenets consistent with the espoused religious beliefs, and the religious group has a tenet or belief opposing immunizations.
(2) A military chaplain must counsel the applicant and recommend approval or denial of the exemption request by endorsement. The chaplain should attempt to ascertain the validity of the Servicemember's request. The chaplain's endorsement should address the above issues to the greatest extent possible based on their counseling and knowledge of the individual and the individual's religion.
(3) A military physician must counsel the applicant. The physician should ensure that the applicant is making an informed decision and should address, at a minimum, the following:
(a) Specific information about the diseases concerned;
(b) Specific vaccine information including benefits and risks; and
(c) Potential risks of infection incurred by unimmunized individuals.
(4) The applicant's commander must counsel the applicant and recommend approval or denial of the exemption request. The commander must counsel that noncompliance with immunization requirements may adversely impact deployability, assignment, or international travel, and that the exemption may be revoked under imminent risk conditions. The commander, in making his or her recommendation, should consider the potential impact on the factors of military necessity described in paragraph 5-6a .
(5) Commanders will forward exemption requests through command channels to TSG.
(6) Religious exemptions may be revoked in the case of an imminent risk of exposure to a disease for which an immunization is available.
(4) Wear and appearance of the uniform. Religious jewelry, apparel, or articles (hereafter referred to as religious items) may be worn while in uniform if they are "neat and conservative." Except as noted in the following paragraphs, wear of religious items that do not meet the standards of AR 670-1 is not authorized unless a religious accommodation is granted in accordance with the procedures of paragraph 5-6 i .
(a) In accordance with 10 USC 774, Soldiers may wear items of religious apparel while in uniform, except where the items would interfere with the performance of military duties or the items are not neat and conservative.
(b) For religious accommodation purposes only, neat and conservative items of religious apparel are those that: (1) are discreet, tidy, and not dissonant or showy in style, size, design, brightness, or color; (2) Do not replace or interfere with the proper wear of any authorized article of the uniform; (3) Are not temporarily or permanently affixed or appended to any authorized article of the uniform.
(c) Factors used to determine if an item of religious apparel interferes with military duties include, but are not limited to, whether or not the item: (1) Impairs the safe and effective operation of weapons, military equipment, or machinery; (2) Poses a health or safety hazard to the Soldier wearing the religious apparel and/or others; (3) Interferes with the wear or proper function of special or protective clothing or equipment; (4) Otherwise impairs the accomplishment of the military mission.
(d) Wear of religious items that are not visible or apparent when in duty uniform is authorized, provided they do not interfere with the performance of the Soldier's military duties or interfere with the proper wearing of any authorized article of the uniform. Examples of such items include (but are not limited to) religious jewelry worn under the duty uniform or copies of religious symbols or writing carried by the individual in wallets or pockets. Wear of religious items that are visible or apparent are governed by the standards of AR 670-1 .
(e) Religious jewelry (for example, that is visible or apparent) when in duty uniform is authorized if it meets the standards for wear of jewelry in AR 670-1. Jewelry bearing religious symbols or worn for religious reasons will not be singled out; all wear and appearance standards will apply equally to religious and non-religious jewelry.
(f) Religious items that do not meet the standards of AR 670-1 may be worn by Soldiers in uniform while they are present at a worship service, rite, or other ritual distinct to a faith or denominational group. Commanders may, for operational or safety reasons, limit the wear of non-subdued items of religious apparel during services conducted in the field based on military necessity.
(g) Religious headgear may be worn while in uniform if the headgear meets the following criteria:
(1) The religious headgear is subdued in color (generally black, brown, green, dark or Navy blue, or a combination of these colors).
(2) The religious headgear is of a style and size that can be completely covered by standard military headgear.
(3) The religious headgear bears no writing, symbols, or pictures.
(4) Wear of the religious headgear does not interfere with the wear or proper functioning of protective clothing or equipment.
(5) Religious headgear that meets these criteria is authorized irrespective of the faith group from which it originates.
(6) Religious headgear will not be worn in place of military headgear under circumstances when the wear of military headgear is required (for example, when the Soldier is outside or required to wear headgear indoors for a special purpose).
(h) Chaplains may wear religious attire as described in AR 670-1 , CTA 50-909, and AR 165-1 in the performance of religious services and other official duties as required. Commanders may not prohibit chaplains from wearing those religious symbols that are part of the chaplain's duty uniform.
(i) Physical training uniforms present a particular problem for Soldiers of both genders and many religious faiths, due to concerns about modesty. Such concerns are not only religious, but at times are based in social or regional perspectives. Differences in physiology and physical comfort levels between individual Soldiers also affect wear of the PT uniform. Commanders have the authority to prescribe uniformity in PT formations. They will, however, consider the factors noted above if doing so.
(5) Grooming practices. The Army's grooming standards are contained in AR 670-1. Religious-based exceptions to policy previously given Soldiers under the provisions of this regulation prior to 1 January 1986 continue in effect as long as the affected Soldiers remain otherwise qualified for retention. However, Soldiers previously granted authority to wear unshorn hair, unshorn beard, or permanent religious jewelry prior to 1 January 1986 will not be assigned PCS or TDY out of CONUS due to health and safety considerations.
i. Requests for accommodation.
(1) Requests for religious accommodation of wear and appearance of the uniform, personal appearance, and personal grooming practices of AR 670-1 may only be approved or disapproved by the SecArmy or the designee. All other command levels will neither approve nor deny the religious accommodation request but will make recommendations as to whether the request should be approved or denied and forward through command levels to the DCS, G-1. Soldiers requesting an accommodation must continue to comply with AR 670-1 until the religious accommodation request is approved.
(2) Soldiers will submit requests for religious accommodation to their immediate commander. Except as listed in paragraph 5-6 i (1) , the commander may approve the request either informally or formally (in writing) or disapprove it. Commanders will respond to requests for religious accommodation within 10 working days of receipt.
(3) If a commander approves a request informally the issue is closed, except that the commander will assist the Soldier in completing those actions necessary to the accommodation (for example, obtaining permission to ration separately or adjusting the unit duty roster).
(4) If the commander approves a request formally, the commander will provide the Soldier with written notice of the accommodation. The accommodation will then remain in effect unless revoked, in writing, by the commander who originally granted it (due to changed conditions); by a subsequent commander of that unit; by a commander of a gaining unit if the Soldier is transferred; or by a higher commander. If the accommodation is revoked, the written notice of revocation accompanied by a copy of the original accommodation will constitute an appeal and will be forwarded through command channels in accordance with the routing described in paragraph 5-6 i 5 .
(5) If the commander disapproves the request, he or she will afford the Soldier the opportunity to appeal the disapproval. This appeal will be done by means of a memorandum from the Soldier through each level of command (to specifically include the ACOM, ASCC, or DRU) to the DCS, G-1 (DAPE-MPC). At a minimum, the memorandum will include: the name, rank, social security number, unit, and MOS of the Soldier; the nature of the accommodation requested; the religious basis for the request; and endorsements by commander(s). Enclosures will accompany the memorandum. Mandatory enclosures are a memorandum from a chaplain and a copy of the legal review. Optional enclosures include statements by peers or officials of the Soldier's faith group, copies of religious writings, statements, doctrinal declarations bearing on the Soldier's request, documents pertaining to the character of the Soldier's service, and (if appropriate) a statement from the Soldier explaining in more detail the nature of the request.
(6) The assigned unit chaplain, or other chaplain determined by the senior chaplain present, will interview the Soldier concerning the request for accommodation. A memorandum stating that this interview has occurred will accompany the request for appeal. This memorandum will address the religious basis and sincerity of the Soldier's request. The chaplain is not required to recommend approval or disapproval, but may do so if desired. Memoranda from other chaplains may accompany the appeal as optional attachments, but do not meet the requirement for interview by the assigned unit chaplain or one determined by the senior chaplain present.
(7) Evidence of legal review will be in accordance with local staff judge advocate (SJA) procedures. A legal advisor will review the appeal packet for legal sufficiency and may make a recommendation for disposition of the appeal. The review will also state whether the appeal memorandum and enclosures are complete within the provisions of this regulation.
(8) If a commander at any level approves the request for accommodation, written approval will be returned to the Soldier through channels. If the commander disapproves it, the packet will be so endorsed and forwarded to the next level of command.
(9) If all levels of command disapprove the request for accommodation, the packet will be forwarded to the DCS, G-l (DAPE-MPC) for final decision.
(10) The decision of DCS, G-1 will be transmitted through channels to the Soldier requesting accommodation within 30 days after receipt of the request. Appeals to decisions by the DCS, G-1 will not be entertained. Religious accommodations granted by the DCS, G-1 may only be revoked by the DCS, G-1.
(11) Appeals to denials of accommodation will reach the DCS, G-1 within 30 days after the Soldier submits the appeal (60 days OCONUS).
(12) A religious accommodation application that has been considered and disapproved by the DCS, G-1 will not be reconsidered. However, an applicant may submit second and later formal applications to his or her unit commander. These applications will be considered only if
(a) They are not based upon substantially the same grounds, or
(b) They are not supported by substantially the same evidence as a previously disapproved application.
(c) When a second or later formal application is received, the unit commander will forward the application and any documents submitted with it to the headquarters of the applicant's SPCMCA. At this headquarters the religious accommodation application will receive a legal review to determine whether it is substantially the same as a previous application disapproved by the DCS, G-1. After the legal review and opinion, the command is authorized to return to a applicant, without action, any second or later application under this regulation when review reveals that it is substantially the same as a religious accommodation request previously denied by the DCS, G-1.
(13) Soldiers whose appeals are denied may request separation from the Army under the provisions of AR 635-200 . Commissioned or WOs who request separation for reasons of religious accommodation will follow the application for release from AD as prescribed in AR 600-8-24 (for other than RA), or apply for an unqualified resignation as outlined in AR 600-8-24 (for RA). All personnel separated or discharged from the U.S. Army because of conflict between their religious practices and military requirements will be subject to recoupment of Federal funds as outlined in referenced regulations.
j. Nothing in this regulation will be construed to limit the authority of commanders to enforce standards by means of all applicable provisions of the UCMJ while requests and appeals are being processed. Soldiers are obligated to adhere to orders and standards set by their immediate commanders.
a. Incompatibility with military Service.
(1) Soldiers must be prepared to fight and if necessary, place their own personal safety in jeopardy in order to defend the Constitution of the United States and their fellow citizens. Therefore, discipline and prompt obedience to the lawful orders of seniors are essential and time-honored elements of the American military tradition. From the earliest Articles of War, laws and regulations have prohibited conduct detrimental to the military chain of command and lawful military authority.
(2) Unionization of the Army is incompatible with the military chain of command. It would undermine the role, authority, and position of the commander. It would impair the morale and readiness of the Army. Therefore, Soldiers will not take part in conventional labor-management negotiation or collective bargaining with their military and civilian seniors. Nor will they take part in strikes, slowdown, picketing, or other traditional forms of job actions.
(3) Circumstances that could constitute a threat to the ability of the Army to perform its mission are not comparable to circumstances that could constitute a threat to the ability of Federal civilian agencies to perform their functions.
b. Responsibilities. Senior commanders will report activities prohibited by this regulation immediately to DCS, G-1 (DAPE-HR-S), Washington, DC 20310-0300. Reports will be made by priority message and information copies will be sent to intermediate commanders.
c. Prohibited activities.
(1) Enrollment and membership.
(a) A member of the Army, knowing of the activities of a particular military labor organization may not
(1) Join or maintain membership in such an organization.
(2) Attempt to enroll another member of the Armed Forces as a member of such an organization.
(b) No person on a military installation, and no member of the Armed Forces, may enroll in a military labor organization or solicit or accept dues or fees for such an organization from any member of the Armed Forces.
(2) Negotiation or bargaining.
(a) No person on a military installation, and no member of the Armed Forces, may negotiate or bargain, or attempt through any coercive act to negotiate or bargain with any civilian officer, or employee, or any member of the Armed Forces on behalf of members of the Armed Forces concerning the terms or conditions of service of such members.
(b) No member of the Armed Forces and no civilian officer, or employee, may negotiate or bargain on behalf of the U.S. Government concerning the terms or conditions of military Service of members of the Armed Forces with any persons who represents or purports to represent members of the Armed Forces.
(3) Strikes or other concerted labor actions.
(a) No person on a military installation, and no member of the Armed Forces may organize or attempt to organize, or participate in, any strike, picketing, march, demonstration, or other similar form of concerted action involving members of the Armed Forces that is directed against the Government of the United States and that is intended to induce any civilian officer or employee, or any member of the Armed Forces to
(1) Negotiate or bargain with any person about the terms or conditions of service of any member of the Armed Forces.
(2) Recognize any military labor organization as a representative of individual members of the Armed Forces in connection with any complaint or grievance of any such member arising out of the terms or conditions of service of such member in the Armed Forces.
(3) Make changes in the terms or conditions of military Service in the Armed Forces of individual members of the Armed Forces.
(b) No person may use any military installation for any meeting, march, picketing, demonstration, or other similar activity for the purpose of engaging in any activity prohibited by this regulation.
(c) No member of the Armed Forces, and no civilian officer or employee, may permit or authorize the use of any military installation for any meeting, march, picketing, demonstration, or other similar activity that is for the purpose of engaging in any activity prohibited by this regulation.
(4) Representation. A military labor organization may not represent, or attempt to represent any member of the Armed Forces before any civilian officer or employee, or any member of the Army, in connection with any grievance or complaint of any such member arising out of the terms or conditions of service of such member of the Army.
(5) Violations of policy. Violations of this policy provide a basis for disciplinary action under UCMJ in addition to appropriate administrative sanctions.
d. Permitted activities.
(1) This regulation will not limit the rights of Soldiers to
(a) Belong to lawful organizations other than military labor organizations.
(b) Present complaints through established military channels.
(c) Seek or receive information or counseling from authorized sources.
(d) Be represented by authorized counsel in any legal or quasi-legal proceeding, according to applicable laws and regulations.
(e) Petition the Congress for redress of grievances.
(f) Take other administrative action for administrative or judicial relief as is authorized by applicable laws and regulations.
(2) This regulation does not prevent eligible DA civilian employees from belonging to labor unions.
e. Making determinations.
(1) To determine if an organization is a military labor organization and if it is in violation of this regulation, the following will be evaluated:
(a) Its history and operation.
(b) Its constitution and bylaws.
(c) The evidence gathered for any suspected prohibited act.
(2) To determine if a person belongs to a military labor organization and if they are in violation of this regulation, the following will be evaluated:
(a) Their history and conduct.
(b) The evidence gathered for any suspected prohibited act.
(3) To determine if a person acted for a military labor organization when they committed a prohibited act, the following will be considered:
(a) The frequency of such acts.
(b) The position of the person in the organization.
(c) If the acts were known and condemned or disavowed by the organization's leadership.
f. Gathering information. Personnel gathering information about persons and organizations to make the determinations required by this chapter must strictly comply with AR 380-13 . Counterintelligence or security investigation personnel may not gather such information. The organization itself should be considered the primary source of information.
a. Guidelines for implementation. The policies outlined in this paragraph are intended to provide broad and general guidance. The Inspector General Action Request System (that differs in procedure from that found in this para) is governed by AR 20-1 . Accusations of a criminal nature are reported and investigated according to AR 195-1 . Complaints by Soldiers and Family members of discrimination based upon race, color, religion, national origin, and gender (including sexual harassment) follow the procedures set forth in chapters 6 and 7 and of this regulation. Complaints of wrongdoing made by Soldiers against their commander pursuant to UCMJ, Art. 138 should be prepared, submitted, and resolved following the guidance in AR 27-10 , chapter 20. Complaints or accusations that fall within the 10 USC 1034 are addressed in DODD 7050.6 and AR 20-1.
b. Command responsibilities. When commanders are apprised of complaints or accusations against military personnel, they will be expected to inquire into the matter and attempt a resolution. When a written complaint or accusation is received against military personnel, commanding officers of units or installations will take action as noted below. All complaints will be acknowledged and/or documented, in writing.
(1) Complaints forwarded from higher headquarters.
(a) When final action on a complaint received from higher headquarters for investigation and a report of findings is completed, the complaint will be returned to that headquarters. It will be accompanied by the report of investigation. Unless a higher headquarters reserved decision on the disposition of the complaint or accusation pending receipt of investigation, the case will be disposed of at the lowest level having authority consistent with the gravity of the case. When higher headquarters has reserved the right to approve disposition of the case, the report of investigation will be returned and final action withheld pending disposition instructions. Higher headquarters normally will reserve the right of final disposition only in cases involving complex issues or cases the commander desires in the interest of justice to ensure uniform handling throughout the command.
(b) Complaints received after a Soldier is transferred will be forwarded to the Soldier's gaining organization. The headquarters sending the complaint will be advised of the results of the commander's investigation.
(2) Complaints received by units or installations.
(a) When warranted, the complaint will be investigated. Proper action will be taken as noted in paragraph b (1).
(b) If the commander believes the complaint does not warrant an investigation, the statement "does not warrant investigation" will be recorded on the complaint, followed by the initials of the commander or an officer designated by the commander. The complainant will be advised a decision was made that further action on the complaint is not warranted. Such complaints will be maintained and disposed of per AR 25-400-2 .
(3) Complaints concerning retired personnel. Complaints or accusations against retired personnel not on AD should be referred to the servicing SJA for appropriate action.
c. Disciplinary or adverse action. Commanders and supervisors are prohibited from initiating any type of disciplinary or adverse action against any Soldier or civilian employee because the individual registered a complaint
(1) With an Inspector General (including inspectors general of DOD, the other Services, or other Federal agencies).
(2) With a member of the person's chain of command or supervisor.
(3) With an EO office.
(4) And/or cooperated with an official Government investigation of a complaint.
d. False statements. Knowingly false statements made by a complainant or a witness are excepted from the prohibition in paragraph c . Persons who make such knowingly false statements are potentially subject to court-martial or other disciplinary measures (Soldiers), to prosecution by civil authorities (civilians and civilian employees) or to disciplinary action under the Federal Personnel Manual (civilian employees).
e. Unfavorable information. Unfavorable information concerning a Soldier will not be filed in their record except as provided in AR 600-37 .
a. Access to news and publications. The maintenance of loyalty, discipline, and morale among Soldiers is essential if the Army is to provide a reliable and effective military force responsive to the national security missions assigned pursuant to lawful authority. At the same time, Soldiers are generally entitled to free access to news and publications.
b. Policy. Senior commanders will encourage and promote the availability of books, periodicals, and other printed media that present a wide range of viewpoints on public issues to Soldiers. Such media should include those emphasizing the standards of loyalty, patriotism, and discipline that are common to the Armed Forces. However, senior commanders will not, except as provided in this paragraph and in AR 360-1 , take action to control or restrict dissemination, even if these publications are believed to be in poor taste or unfairly critical of Government policies or officials. The senior commander will be guided by the principle that, except in cases in which a publication constitutes a clear danger to military loyalty, discipline, or morale, or specifically violates the law or regulatory authority, military personnel are entitled to the same free access to publications as are other citizens.
c. Distribution outlets. A senior commander may impose a requirement that distribution of printed media may not be made except through regularly established and approved distribution outlets, unless prior approval is obtained from the commander or authorized representative. AR 210-7 and AR 360-1 provide further explanation and guidance. The senior commander may, without informing higher headquarters, or Department of the Army in advance, take appropriate action to prevent the distribution of non-DOD commercial publications by persons who have not obtained the required approval or have not complied with this regulation, AR 210-7, and AR 360-1. Except when the publication in question is published primarily for advertising or promotional purposes, a denial of a request for distribution will be reported as required in paragraph d .
d. Restrictions on dissemination. If it appears that a publication presents a clear danger to the loyalty, discipline, or morale of Soldiers, the senior commander may, without prior approval of higher headquarters, delay distribution on property subject to his/her control. The commander will consider whether the act of restriction will in itself result in the publication in question achieving notoriety and increased circulation to military personnel through off-post sources.
(1) The commander's directive to delay distribution will be in writing.
(2) Concurrently with imposing a delay authorized above, the senior commander will inform, by telephone, the next major commander and HQDA (SAPA), Washington, DC 20310-0300.
(3) When a delay in dissemination of a publication through either official or unofficial outlets is imposed by the commander, they will, within 5 working days thereafter
(a) Review the publication in question.
(b) Prepare a written recommendation to HQDA that provides the basic facts for the determination that distribution of the subject publication would present a clear danger to the loyalty, discipline, or morale of the Soldiers on his or her installation.
(c) Send recommendation, together with a copy of the subject publication, to HQDA (SAPA) Washington, DC 20310. Appropriate information copies should also be provided to intermediate headquarters.
(4) Reports required in paragraph (2) and (3), are "exempt reports" under AR 335-15 .
(5) The delay in distribution will remain in force until a determination to approve or disapprove the request is made by HQDA.
e. Distribution of commercial publications. On-post distribution of commercial publications will be restricted as defined in AR 360-1 . All commercial publications distributed free of charge will not carry any advertisement that implies discrimination with regard to the race, religion, color, gender, or national origin of the purchaser, user or patron. The publication will place its readers and advertisers on notice of this requirement by including in a prominent location the following: "Everything advertised in this publication must be made available for purchase, use, or patronage without regard to the race, religion, color, gender, or national origin of the purchaser, user, or patron."
f. Distribution of command information newspapers. The distribution of command information newspapers (either Army-funded or civilian enterprise) will be governed by AR 360-1. Distribution through official channels will be authorized.
The Army places a high value on both military and personal preparedness. Commanders have an obligation to provide assistance to establish and maintain personal and Family affairs readiness.
(1) The Total Army Family consists of Soldiers (AA, ARNG, and USAR), civilian employees, and retirees, (regardless of marital status), and their legal Family members (if any).
(2) The Total Army Family Program (TAFP) includes those Family assistance services and related programs that support quality of life, readiness, and retention and meet the Army's obligation to Soldiers, civilian employees, and their Families by ensuring the effective interface between Family assistance and Family support.
(a) Family Assistance and Readiness is the contractual or statutory obligation the Army has to provide assistance (for example, ID cards, Defense Enrollment Eligibility Reporting System (DEERS), Civilian Health and Medical Program of the Uniformed Services, tri-service medical care) to its Soldiers, civilian employees, and retirees (regardless of marital status) and with or without any legal Family members. This obligation also extends to the programs and services commanders use to fulfill their morale, welfare, and quality of life responsibilities, such as Army Community Service (ACS), CYS, and Morale, Welfare, and Recreation Programs.
(b) Family Readiness is the mutual reinforcement provided to Soldiers, civilian employees, retirees (regardless of marital status), and their Family members-both immediate and extended. Examples include Family Readiness Groups (FRG), newsletters, telephone trees, and other volunteer programs and activities.
(1) The ACSIM will establish policy and ensure coordination and integration of the TAFP through the U.S. Army Community and Family Support Center (USACFSC). The USACFSC will
(a) Provide guidance, technical assistance, and consultation to support the development and implementation of Family initiative programs, and services.
(b) Identify needs and design and conduct Armywide Soldier and Family member training and awareness events.
(c) Determine requirements and develop training packages for individuals accountable for Army Family program execution.
(d) Provide consultation and liaison with the ARNG and USAR to ensure interaction and synchronization among AA and RCs concerning Family assistance and readiness issues.
(2) Heads of other HQDA Staff agencies (and field operating agency, if appropriate) will be responsible for Armywide policies, plans and initiatives within their areas of proponency pertaining to the TAFP.
(3) Army National Guard.
(a) The NGB is the Army's lead agency for the establishment and execution of Family assistance for Total Army Families at all levels of contingency and mobilization.
(b) The NGB, through the NGB Family PM will
(1) Provide policy, guidance, technical assistance, and consultation to support the development and implementation of the TAFP within the ARNG.
(2) Identify, design, and provide ARNG Soldiers and Family members training and awareness support.
(3) Develop training for individuals responsible for Family program execution.
(4) Chief, Army Reserve (CAR), through the Office of the Chief, Army Reserve (OCAR) Family PM will
(a) Provide policy, guidance, technical assistance, and consultation to support the development and implementation of the TAFP within the USAR.
(b) Identify, design, and provide USAR Soldier and Family member training and awareness support.
(c) Develop training for individuals responsible for Family program execution.
(d) Ensure that regional readiness commands have staffed the centralized Family readiness officer to meet assigned duties and responsibilities.
(5) The ACOM, ASCC, or DRU commanders will provide an environment that encourages an effective Family program. At a minimum, ACOM, ASCC, or DRU commanders will
(a) Ensure command emphasis at the unit level.
(b) Identify and input fiscal and personnel resource requirements for the TAFP as part of the command operating budget process.
(c) Provide for Soldier, civilian, retiree and Family member participation in quality of life matters. Ensure inclusion of single Soldiers in quality of life programs/initiatives.
(6) U.S. Army Reserve command/CONUS Army/installation/JFHQ/RSC/GOCOM commanders at all levels will provide an environment that encourages an effective Family program and will at a minimum:
(a) Ensure command emphasis to the unit level.
(b) Ensure the designation of a TAFP point of contact as an additional duty in each unit below installation/JFHQ/RSC/GOCOM level.
(c) Identify and input fiscal and personnel resource requirements for the TAFP as part of the command operating budget process.
(d) Ensure Soldier, civilian, retiree, and Family member awareness of the TAFP.
(e) Ensure Soldier, civilian, retiree, and Family member access to entitlements, Family programs, and Family services.
(f) Provide for Soldier, civilian, retiree and Family member participation in quality of life programs. Ensure inclusion of single Soldiers in quality of life programs and initiatives.
(g) Installations/JFHQs will ensure/facilitate appropriate coordination of TAFP elements for all components within their geographical area of responsibility during peacetime or any levels of contingency or mobilization.
(7) Unit commanders at all levels will provide an environment that encourages an effective Family program and at a minimum will
(a) Appoint a TAFP point of contact as an additional duty.
(b) Provide pre-deployment and reunion briefings as required.
(c) Ensure Soldier and Family member awareness of the TAFP.
(d) Ensure Soldier and Family member access to entitlements, Family programs, and Family service.
(e) Ensure the proper documenting and monitoring of personal affairs readiness of Soldiers, to include Family care plans (see para 5-5 ).
(f) Ensure inclusion of single personnel in quality of life programs and initiatives.
(g) Maintain, as appropriate to the needs of their units, a unit FRG to encourage self-sufficiency among its members by providing information, referral assistance and mutual support.
(8) Family Program coordinators will
(a) Advise the commander concerning the impact of the TAFP on retention, readiness, training, and mobilization/deployment.
(b) Coordinate the development of the TAFP.
(c) Coordinate the development of resource requirements to support the TAFP.
(d) Coordinate public/community/employer awareness and support of the TAFP.
(e) Serve as command liaison with military and civilian agencies involved in resourcing and supporting the TAFP.
(9) Soldiers bear primary responsibility for their Family and personal affairs readiness. They should support and participate in the TAFP. At a minimum Soldiers will
(a) Keep themselves and their Families informed concerning key (unit) personnel information, benefits, programs, and ensure that information regarding the TAFP is provided to Family members.
(b) Support, and where appropriate, encourage their Family members to support programs, services and activities designed to maintain and/or enhance the quality of life and well being of all members of the Total Army Family, for example, FRG, Deployment Cycle Support training, Army Family Team Building, and so forth Many of those programs, services, and activities are primarily dependent upon volunteers to ensure their success and continued effectiveness.
Section 113, Title 10, United States Code ( 10 USC 113 ) requires that current addresses of Soldiers be available to the Federal Parent Locator Service. The DEERS serves as DOD's centralized personal locator service. Commanders will ensure that all Soldiers update new residential addresses on the DEERS within 30 days after the new address is established. Soldiers assigned overseas, or whose residential address should not be disclosed in the commander's judgment because of security or safety concerns, will provide a duty address to DEERS.
Department of the Army personnel are prohibited from taking acts of reprisal against any Soldier for filing a complaint of unlawful discrimination or sexual harassment (see DODD 7050.06 ).
a. No person will restrict a member of the Armed Services from making a protected communication with a Member of Congress; an IG; a member of a DOD audit, inspection, investigation, or law enforcement organization; or any other person or organization (including any person in the chain of command) designated under this regulation or other administrative procedures to receive such communication.
b. A protected communication is
(1) Any lawful communication with a Member of Congress or an IG.
(2) A communication in which a member of the Armed Forces communicates information that the member reasonably believes evidences a violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination, gross mismanagement, a gross waste of funds or other resources, an abuse of authority, or a substantial and specific danger to public health or safety, when such communication is made to any of the following:
(a) A Member of Congress, an IG, or a member of a DOD audit, inspection, investigation, or law enforcement organization.
(b) Any person or organization in the chain of command; or any other person designated pursuant to regulations or other established administrative procedures to receive such communications.
c. Soldiers will be free from reprisal for making or preparing a protected communication.
d. No employee or Soldier may take or threaten to take an unfavorable personnel action, or to withhold or threaten to withhold a favorable personnel action, in reprisal against any Soldier for making or preparing a protected communication.
e. The chain of command will ensure complainants are protected from reprisal or retaliation for filing EO complaints. Should Soldiers be threatened with such an act, or should an act of reprisal occur, they must report these circumstances to the DOD IG. If the allegation of reprisal is made known to any agency authorized in this regulation to receive complaints, the agency should refer the complaint to the DOD IG. It is strongly encouraged to simultaneously report such threats or acts of reprisal to the appropriate chain of command. The DOD IG Hotline phone number is 1(800) 424-9098 or DSN 664-8799; the DOD IG Hotline email address is firstname.lastname@example.org ; either may be used to report threats or acts of reprisal. Personnel calling from OCONUS may dial (703) 604-8569; or, mail a letter to Department of Defense Inspector General (Defense Hotline), 1900 Defense Pentagon, Washington, DC 20301-1900.
a. There is an indisputable link between how Soldiers are treated and how they perform their duties. Human relations training directly affects individual and unit readiness. Training commanders and Soldiers to treat one another with dignity and respect achieves better morale, greater commitment, increased trust and cohesion and better performance. The DCS, G-1, is the sole proponent for HRRT.
b. The five key training elements of HRRT are
(1) Army policy and/or commander's intent. This is the most obvious aspect of HRRT in that Soldiers must know and understand Army human relations policy (for example, what fraternization is and is not).
(2) Prevention and intervention. The HRRT is proactive, targeting high-risk Army populations that some research suggests are more likely to exhibit extremism in the form of racial and ethnic hatred, intolerance and discrimination. Soldiers living in barracks and serving on peacekeeping deployments are among these high-risk Army populations. HRRT is also interventional, responding to emergent Armywide or unit-specific human relations problems.
(3) Command climate awareness. Commanders periodically must assess their specific unit's human relations readiness climate in order to contextualize HRRT to the unit's mission and personal dimensions of living and working together.
(4) Building Soldier skills. HRRT empowers Soldiers to do the right thing. To best accomplish this, HRRT incorporates successful and proven adult learning models (for example, group discussion of scenarios).
(5) Values. HRRT incorporates values essential to Army readiness, with "Dignity and Respect for All" as the foundational human relations value. Other values include (but are not limited to) Army values (leadership, for example), doing the right thing, safe environment, trust and confidence, good order and discipline, chain of command support, fairness, and valuing differences.
Unit memorial ceremonies and services show respect to the service of Soldiers who have died, and offer support to unit survivors. These memorial events assist surviving Soldiers in dealing with the realities of death and honor the military Service and the contribution the Soldier made while in uniform. The unit memorial event allows surviving Soldiers a means for expressing their grief and assists in the healing process.
a. Command responsibilities . Commanders will conduct a memorial event (Memorial Ceremony or Memorial Service) for every Soldier who dies while assigned to their unit, regardless of the manner of death to include suicides. The manner of death does not negate the service and the contribution a Soldier has made while in uniform, except as prescribed in paragraph b . Commanders will also notify their supporting Casualty Assistance Center of the time and place of unit memorial events.
b. Command exceptions . Unit commanders may request an exception to policy not to conduct a memorial event through their command channels. The first general officer in the chain of command may approve the exception only when the deceased Soldier
(1) Has been convicted of a capital offense under Federal or State law for which the person was sentenced to death or life imprisonment without parole; or
(2) Has been convicted of a serious offense, which is defined as a military or civilian offense, which if prosecuted under the UCMJ, could be punished by confinement of 6 months or more and/or a punitive discharge; or
(3) Is found by the first general officer in the chain of command to have committed a capital offense or serious offense, as used herein, but the deceased Soldier has not been convicted of such crime because the Soldier was not available for trial due to his/her death.
c. Elements of the memorial events . Recognizing the military Service of the Soldier provides healing and renewal for the living. The opportunity to provide closure for members of the unit is offered during a memorial event. The Commander's decision whether to conduct a Memorial Ceremony or a Memorial Service is dependent upon many factors to include the unit mission, tactical situation, and the wishes of Family members in the local area.
(1) Memorial Ceremony . A Memorial Ceremony is a command program with a ceremonial orientation. As a command program, attendance of Soldiers at a Memorial Ceremony may be made mandatory. Although there are religious aspects to the memorial ceremony, such as an invocation and benediction, the major focus will be on military tributes and honors. A Memorial Ceremony may include the following: Prelude, Posting of the Colors, National Anthem, Invocation, Memorial Tribute, Readings, Address, Memorial Prayers, Silent Tribute or Roll Call, Music, Benediction, Firing of Volleys, and Sounding of Taps. The Soldier's remains are not present for this ceremony.
(2) Memorial Service . A Memorial Service is a command program with a religious orientation. A Memorial Service should be sensitive to the deceased Soldier's faith group and to the needs of the Soldiers who voluntarily attend. Attendance of units and Soldiers may be encouraged and supported by command, but will not be made mandatory. A Memorial Service may include the following: Prelude, Invocation, Scripture Reading, Meditation, Prayer, Silent Tribute or Roll Call, and Benediction. The Soldier's remains are not present for this service.
(3) Ramp Ceremony . A Ramp Ceremony is a command-directed activity normally only occurring in a deployed environment that may be conducted in addition to a unit memorial event. It does not replace the requirement to conduct a memorial event. The combatant commander normally establishes policies within a theater of operations that may restrict or preclude the conduct of this ceremony in order to ensure the expeditious movement of remains. In locations where this ceremony is permitted and is normally conducted, the requirements outlined in paragraphs a and b apply.
d. Combatant theater memorial events . Commanders of units deployed to combatant theaters or other contingency operations may conduct a memorial event in the theater as the tactical situation permits and another event upon return to home station.
e. Family member attendance . As part of the Army Family Covenant, unit commanders are charged with ensuring the Families of their fallen Soldiers are made to feel a part of the Army for as long as they desire. To that end, unit commanders will inform Family members of the deceased Soldier about any unit memorial event that is conducted in a deployed environment and will invite the Soldier's Family to attend unit memorial events at the home station.
f. Nonmilitary memorial events . Commanders may also conduct nonmilitary memorial events for deceased immediate Family members of Soldiers assigned to their units to recognize the Family member's contribution to the unit and military community when appropriate. "Immediate Family members" are defined as the Soldier's spouse, children (to include stepchildren), and parents (to include stepparents).
g. Memorial event support . Commanders at all levels must ensure unit memorial events are conducted in recognition of the deceased Soldier's military Service and on behalf of a grateful Nation.
The EO Program formulates, directs, and sustains a comprehensive effort to maximize human potential and to ensure fair treatment for all persons based solely on merit, fitness, and capability in support of readiness. EO philosophy is based on fairness, justice, and equity. Commanders are responsible for sustaining a positive EO climate within their units. Specifically, the goals of the EO program are to
a. Provide EO for military personnel and Family members, both on and off post and within the limits of the laws of localities, states, and host nations.
b. Create and sustain effective units by eliminating discriminatory behaviors or practices that undermine teamwork, mutual respect, loyalty, and shared sacrifice of the men and women of America's Army.
a. The U.S. Army will provide EO and fair treatment for military personnel and Family members without regard to race, color, gender, religion, national origin, and provide an environment free of unlawful discrimination and offensive behavior. This policy
(1) Applies both on and off post, during duty and non-duty hours.
(2) Applies to working, living, and recreational environments (including both on and off-post housing).
(3) Additionally, in some circumstances, the Equal Employment Opportunity Complaint system in AR 690-600 may provide guidance.
b. Soldiers will not be accessed, classified, trained, assigned, promoted, or otherwise managed on the basis of race, color, religion, gender, or national origin. The assignment and utilization of female Soldiers is governed by Federal law. AR 600-13 prescribes policies, procedures, responsibilities, and the position coding system for female Soldiers.
(1) Discrimination. Any action that unlawfully or unjustly results in unequal treatment of persons or groups based on race, color, gender, national origin, or religion.
(2) Disparaging terms. Terms used to degrade or connote negative statements pertaining to race, color, gender, national origin, or religion. Such terms may be expressed as verbal statements, printed material, visual material, signs, symbols, posters, or insignia. The use of these terms constitutes unlawful discrimination.
(3) Equal opportunity. The right of all persons to participate in, and benefit from, programs and activities (for example, career, employment, educational, social) for which they are qualified. These programs and activities will be free from social, personal, or institutional barriers that prevent people from rising to the highest level of responsibility possible. Persons will be evaluated on individual merit, fitness, and capability, regardless of race, color, sex, national origin, or religion.
(4) Gender discrimination. The action taken by an individual to deprive a person of a right because of their gender. Such discrimination can occur overtly, covertly, intentionally, or unintentionally.
(5) National origin. An individual's place of origin or that of an individual's ancestors. The term also applies to a person who has the physical, cultural, or linguistic characteristics of a national group.
(6) Prejudice. A negative feeling or dislike based upon a faulty or inflexible generalization (that is, prejudging a person or group without knowledge or facts).
(7) Race. A division of human beings identified by the possession of traits transmissible by descent and that is sufficient to characterize persons possessing these traits as a distinctive human genotype.
(8) Race and ethnic code definitions. The minimum categories for data on race and ethnicity for Federal statistics, program administrative reporting, and civil rights compliance reporting are defined as follows:
(a) American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America) and who maintains tribal affiliation or community attachment.
(b) Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinents including, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
(c) Black or African American. A person having origins in any of the black racial groups of Africa.
(d) Native Hawaiian or other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
(e) White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
(f) Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture of origin, regardless of race.
(9) Racism. Any attitude or action of a person or institutional structure that subordinates a person or group because of skin color or race.
(10) Religion. A personal set or institutionalized system of attitudes, moral or ethical beliefs and practices held with the strength of traditional views, characterized by ardor and faith, and generally evidenced through specific observances.
(11) Sexism. Attitudes and beliefs that one gender is superior to another.
a. The DCS, G-1 will
(1) Be responsible for Armywide policies, doctrine, plans, and initiatives pertaining to the Army EO Program.
(2) Be responsible for overall evaluation and assessment of the Army's EO Program.
(3) Write, coordinate, maintain, and implement the HQDA Equal Opportunity Action Plan (EOAP).
(4) Establish selection criteria, in coordination with the CG, HRC for Army personnel to attend the Defense Equal Opportunity Management Institute (DEOMI).
(5) Coordinate, in conjunction with the CG, HRC, EO training seat allocations at DEOMI.
(6) Coordinate the distribution of training seats at DEOMI between the AA and the USAR.
(7) Include equal opportunity advisor (EOA) staffing requirements in authorization documents.
(8) Establish and maintain a sexual harassment assistance line to assist victims of harassment with information that will allow them to report the harassment or abuse to their local authorities and/or seek emotional counseling from local resources. The Army's EO/Sexual Harassment Assistance Line number is 1-800-267-9964.
(9) Assist the DEOMI with the conduct of the Senior Executive Diversity Awareness Training Seminar.
b. The CNGB and CAR will
(1) Develop, monitor, and evaluate the implementation of EO policies and programs in their components.
(2) Establish requisite staff positions in their offices and make resources available to adequately carry out EO program requirements.
(3) Select ARNG and Reserve personnel to attend the DEOMI.
(4) Develop information management and reporting requirements to determine the progress made toward EOAP goals.
(5) Establish EO training for units and professional military education (PME) courses consistent with HQDA policy and command needs.
c. The CG, U.S. Army Forces Command (FORSCOM) will
(1) Supervise and evaluate the unit EO training program conducted by the numbered armies in the CONUS.
(2) Coordinate, on a continuing basis with the OCAR, to conduct EO seminars for USAR general officers assigned to Army Reserve commands/(ARCs/GOCOMs) and for key military and civilian staff assigned to those commands.
(3) Assess and evaluate USAR EO programs.
d. The CG, TRADOC will
(1) Develop EO training doctrine and training materials and coordinate development with HQDA.
(2) Develop EO instruction and associated training materials for use in the accession/initial-entry-training base, in PME courses throughout the Army and in units. Training will be interactive, small-group oriented and testable.
(3) Conduct required EO education and training in TRADOC Service schools and training centers.
(4) Evaluate the effectiveness of training conducted in TRADOC Service schools and training centers.
(5) Provide assistance and instructional materials to schools not under the jurisdiction of TRADOC. These schools include, but are not limited to, The Judge Advocate General's School, Army Medical Department Center and School, Inspector General Course, and U.S. Army War College.
(6) Develop the program of instruction and evaluate the conduct of the Army Service Specific Training for Army personnel attending the resident and reserve training courses at DEOMI.
(7) Develop EO correspondence courses via distance learning for all Army personnel.
(8) Establish the Soldier Support Institute as the proponent for EO training.
e. Commanders of Army commands will
(1) Monitor the execution of the EO Program in all commands, installations, agencies, and activities (to include Army Reserve and ARNG units when activated) under their jurisdiction.
(2) Schedule EO training for units in accordance with procedures outlined in paragraph 6-14 and command needs (to include all RC units when activated under their jurisdiction during pre-mobilization and demobilization).
(3) Provide support, as appropriate, for EO matters in all host and tenant support agreements.
(4) Ensure EOAs deploy with assigned units in accordance with procedures outlined in paragraph 6-5 .
(5) Ensure equal opportunity representatives (EORs) are trained and deployable for units smaller than brigade.
(6) Ensure military and civilian EO/EEO programs complement each other.
(7) Provide personnel, funding, and other resources to carry out the EO Program (to include all RC units when activated). Funding may be used for the continuous education of command EOAs, local training for EORs and staff assistance visits (SAVs) by headquarters personnel.
(8) Compile unit data and receive periodic briefings on the analysis of that data to assist in development of EOAPs. (Use the EO database to collect unit program information.)
(9) Submit the Quarterly Narrative and Statistical Report (QNSR) in accordance with procedures outlined in paragraph 6-16 .
f. Installation commanders will
(1) Serve as the installation EO officer and monitor the installation's EO climate.
(2) Maintain EO assistance lines to provide advice and information on unlawful discrimination and sexual harassment. These assistance lines will provide procedural information on the filing of EO complaints and clarify what constitutes an act of sexual harassment. All EO complaints should be filed in person when possible. The assistance line may also be used to provide information to leaders on the procedures to follow in handling sexual harassment complaints.
(3) Schedule and conduct EOR courses and facilitation courses as needed to ensure each company and battalion commander has trained EOR to assist them in executing their EO responsibilities and to facilitate small group discussions (to include RC units when activated).
g. The CG, HRC will
(1) Maintain statistical data concerning racial and ethnic designation category and gender for the management of personnel systems and EOAP initiatives.
(2) Determine the need for training seats at DEOMI for the annual Structure Manning and Decision Review for the program objective memorandum years.
(3) Designate program personnel, in coordination with HQDA, to attend DEOMI.
(4) Control DEOMI military student training allocations for the Army.
(5) Assign AD military personnel to meet Army EOA requirements.
(6) Align EOAs demographically with population of the Army as a whole.
h. Director, Installation Management Agency will provide funding to the garrisons for ethnic/special observances and facilities/materials for the Equal Opportunity Representative Course (EORC) at the installation level.
i. Commanders at all levels are the EO officers for their commands. All commanders will
(1) Be personally responsible and accountable for the EO climate within their units.
(2) Develop and implement EO programs for their organizations that enhance unit cohesion, esprit, and morale.
(3) Upon receipt of an EO complaint, process the complaint in accordance with appendix D .
(4) Identify unlawful discriminatory practices affecting military personnel and Family members, initiate corrective actions, and provide follow-up and feedback throughout problem resolution.
(5) Promote EO and interpersonal harmony for all military personnel and Family members.
(6) Assign PMs and EOAs to their special staffs as prescribed in paragraph 6-4 . The EOAs must attend staff meetings and be included in unit training exercises and deployments in order to accomplish their EO mission.
(7) Be in the PM/EOA rating scheme.
(8) Conduct EO training on a continuing basis for all, in accordance with procedures outlined in paragraph 6-4 , ACOM, ASCC, or DRU directives, and local guidance.
(9) Monitor and assess the execution of EO programs and policies at all levels within their areas of responsibility.
(10) Involve public affairs personnel at every level of command in planning and publicizing EO programs and initiatives.
(11) Publish and post separate, written command policy statements for EO, the Prevention of Sexual Harassment (POSH), and EO complaint procedures. All statements will be consistent with Army policy. Statements must include an overview of the command's commitment to the EO program and reaffirm that unlawful discrimination and sexual harassment will not be practiced, condoned, or tolerated. The policy statements will explain how and where to file complaints. Additionally, the statements will include complainant's protection from acts or threats of reprisal. These statements are required for each ACOM, ASCC, DRU, installation, separate unit, agency, and activity down to company/troop/battery or equivalent level. For more information on sexual harassment policy statements, see paragraph 7-2 b .
(12) Battalion and company level commanders (and activities/organizations without assigned EO personnel) will appoint EORs in the rank of SGT (P) and above in writing.
(13) Administration of a command climate survey must be part of the unit assessment for company level commanders (or equivalents). Company level commanders (or equivalents) will conduct a unit command climate survey within 30 days of assuming command (120 days for ARNG and USAR), again at 6 months, and annually thereafter. Assessments must include a facilitated small group discussion of topics recommended under paragraph 6-15 . Information on conducting the assessment is in appendix E . Company level commanders (or equivalents) may supplement any survey efforts with individual and group interviews, the analysis of unit records, and statistical information (awards, promotions, reenlistments, incidents of misconduct resulting in UCMJ, and EO complaint reports).
(14) Provide timely feedback (30 days active/60 days USAR) to subordinates regarding the results of command climate surveys or any EO survey instrument initiated by the command.
(15) Encourage Soldiers to use their chain of command to address issues.
(16) Take appropriate action to prevent incidents of intimidation, harassment, or reprisal against individuals who file an EO complaint.
(17) Take appropriate action against those who violate Army policy.
(18) Monitor the demography of the EORs in their command to ensure it reflects that of the unit as a whole.
(19) Report all EO training at the quarterly training brief (QTB) (annually for Army Reserve).
(20) Consult PMs/EOAs when conducting a discrimination or sexual harassment investigation in accordance with AR 15-6 .
(21) Allocate funding to carry out command EO programs.
(22) Utilize PMs and/or EOAs in direct support of the EO Program.
(a) EOAs should not perform duties that may subsequently disqualify them from being impartial or being perceived as impartial.
(b) Serving in temporary leadership positions such as 1SG, detachment noncommissioned officer in charge, platoon sergeant, and while serving as an EOA is highly discouraged.
(23) Submit QNSR data to the next higher command utilizing the automated EO database.
(24) Ensure EO SAVs are conducted to subordinate commands on an annual basis.
j. The actual duties of PMs and/or senior enlisted EOAs, relative emphasis, and time allotted to each duty vary according to type of unit or level of command, unit composition, and location. PMs and/or senior enlisted EOAs are agents for cultural change and act as the eyes and ears of the commander. PMs should not be assigned further duties that may create a conflict of interest. PMs and/or senior enlisted EOAs will
(1) Establish an effective link with brigade EOAs and EEO representatives and assist with training and complaints as needed.
(2) Conduct an annual review of the EOAPs and republish, as needed.
(3) Ensure the EO program complies with all DOD policies and directives, concerning EO.
(4) Review quarterly EO reports from subordinate commands and ensure these reports are submitted to HQDA in accordance with AR 600-20; compile, analyze, and brief EO data, making recommendations for program improvements from that information; and maintain the EO database.
(5) Advertise the EO program through installations and communities, to ensure all personnel are aware of EO programs, complaint procedures, and the EO link to unit readiness, cohesion, and success on the battlefield.
(6) Keep the commander and the command group informed on human readiness concerns through quarterly EO progress reports analyzing trends of the data and making recommendations to the leadership.
(7) Assist with EO training, attend EO conferences, and plan ethnic observances in accordance with HQDA guidance; and write and coordinate for command commemorative letters and/or memorandums, as desired.
(8) Assist and evaluate human relations and EO training programs that support readiness.
(9) Understand and articulate DOD and Army policies concerning EO.
(10) Assess and evaluate the human relations and EO command climate in accordance with this regulation by conducting onsite SAV.
(11) Develop, execute, and manage a budget to ensure that the command's EO program is properly resourced.
(12) Assist commanders with the command climate survey and annual assessment for each unit, as needed.
(13) Mentor and provide EOAs with professional development opportunities.
(14) Verify, validate, and monitor the EOA manning structures for all subordinate commands.
(15) Work closely with The Inspector General, SJA, public affairs officer, EEO, and Chaplain offices to coordinate timely responses to issues and concerns.
(16) Where feasible, conduct quarterly or semiannual (annual for Army Reserve) EO training conferences to facilitate professional development for all EOAs.
(17) Act as the appellate authority action office for EO complaints; provide complaint processing guidance to subordinate EOAs as required.
(18) Develop command policy and guidance to supplement AR 600-20, as required.
(19) Coordinate command participation in HQDA-supported EO recognition programs (NAACP Roy Wilkins Renown Award, Federal Asian Pacific American Council Meritorious Service Award, National IMAGE Meritorious Service Award, and League of United Latin American Citizens Meritorious Service Award).
(20) Conduct and participate in pre-command course (PCC) briefings on EO to new company through brigade level commanders, 1SGs, and CMSs.
(21) Conduct inquiries and make recommendations as required.
(22) Ensure EOAs conduct a follow-up assessment of all closed investigations in accordance with paragraph E-10 .
k. The actual duties of EOAs, relative emphasis, and time allotted to each duty vary according to type of unit or level of command, unit composition, and location. EOAs are agents for cultural change and act as the eyes and ears for the commander. EOAs will not be assigned further duties that may create a conflict of interest. The EOAs will
(1) Understand and articulate DOD and Army policies concerning EO.
(2) Assist the commander in EO training that employs small-group facilitation methods like the consideration of others' methodology.
(3) Recognize and assess indicators of institutional and individual discrimination in organizations.
(4) Recognize sexual harassment in both overt and subtle forms.
(5) Recommend appropriate remedies to eliminate and prevent unlawful discrimination and sexual harassment.
(6) Continuously assess the command climate through formal surveys, interviews, facilitated small group discussions, and accessibility to the unit.
(7) Collect, organize, and interpret demographic data concerning all aspects of EO climate assessment.
(8) Assist commanders in assessing, planning, implementing and evaluating the EO program.
(9) Prepare input for the Quarterly Narrative Statistical Review (Army Reserve as required).
(10) Train unit EORs and institutional training course\service school instructors to assist commanders/commandants in meeting their EO responsibilities.
(11) Organize or assist with training sessions that pertain to EO, unlawful discrimination, POSH, and the consideration of others methodology.
(12) Assist in evaluating the effectiveness of unit training conducted by commanders.
(13) Plan and help conduct executive seminars for senior leadership, on EOAPs and affirmative actions, EO, unlawful discrimination, the consideration of others methodology and the POSH.
(14) Receive and assist in processing individual complaints of unlawful discrimination and sexual harassment in the informal stage and conduct EO inquiries according to the commander's guidance.
(15) Provide advisory assistance to commanders and investigating officers in the investigation and resolution of unlawful discrimination and sexual harassment complaints.
(16) Review and comment on investigative reports of EO complaints for compliance with DOD and DA EO policy and objectives.
(17) Conduct follow-up assessments of all formal EO complaints.
(18) Assist in the planning and conduct of ethnic observances/special commemorations, as outlined in table 6-1 .
(19) Assist commanders in developing the EO policy for their unit.
(20) Maintain, where appropriate, informal liaison with community organizations fostering civil rights. If the EOA decides to become a member of such organizations in his/her private capacity, he/she must coordinate with the servicing judge advocate to preclude possible conflicts of interest.
(21) Conduct SAVs to subordinate units and other headquarters (equivalent or lower).
(22) Conduct or attend EO coordination training at least once quarterly at the installation level.
(23) Periodically prepare reports and briefings for commanders and other staff agents on the unit's EOAP and other initiatives being done to improve or maintain the command climate.
Assist commanders in the development of realistic EOAPs
and monitor progress of plans.
Dates: 3d Monday
Observance: Martin Luther King, Jr. Birthday
Authority/comment: Public Law 98-144, Nov. 83 (Federal holiday)
Observance: African-American/Black History Month
Authority/comment: First Presidential Proclamation, Feb. 76
Observance: Women's History Month
Authority/comment: Public Law 100-9, Mar. 87
Dates: Sunday to Sunday for Week Incorporating Yom Hashoah
Observance: "Days of Remembrance" for Victims of the Holocaust
Authority/comment: Public Law 96-388, Oct. 80
Observance: Asian Pacific Heritage Month
Authority/comment: First Presidential Proclamation, May 91
Observance: Women's Equality Day
Authority/comment: First Presidential Proclamation, Aug. 73
Dates: 15 September-15 October.
Observance: National Hispanic Heritage Month
Authority/comment: Public Law 100-402, Aug. 88
Observance: National Native American Indian Heritage Month
Authority/comment: Public Law 102-188, March 1992
l. Equal opportunity representatives' responsibilities include assisting commanders at the battalion-level or equivalent and below in carrying out the EO Program within their units. EORs serve a special duty at small unit level. Commanders must appoint EORs in their units who are members of the chain of command in the rank of SGT (P) through 1LT. Soldiers who are graduates of DEOMI and have been awarded enlisted skill qualifications identifier (SQI) Q or officer additional skill identifier (ASI) 5T are still available to perform as unit EORs after successful completion of their special duty tour as an EOA. Units of action or higher headquarters' EOAs are available to train unit EORs using the 80 hour training support package published by the EO Proponency Office, Soldier Support Institute. Army Reserve can use the 40-hour training support package. Typical roles and duties of EORs are as follows:
(1) Assist commanders in addressing EO climate detractors.
(2) Continuously assist commanders in the conduct of unit climate assessments.
(3) Prepare and assist the commander in the conduct of EO training.
(4) Establish and maintain liaison with other EORs and with the EOA at higher headquarters.
(5) Assist commanders and assigned project officers in preparing and conducting ethnic observances and special commemorations.
(6) Assist complainants by referring them to an appropriate agency for assistance. Complaints referred to another agency will be reported to the EOA. EORs may not conduct investigations and are not trained to fully advise AR 15-6 investigating officers in their conduct of EO complaint investigations. Any commissioned officer performing the additional duty of an EOR may be asked (in the capacity of a commissioned officer and as a disinterested, third party) to conduct investigations. Yet, those situations should not concern EO complaints within their organization.
(7) Serve as a resource person for EO matters in the unit.
The EO Advisor of the Year Award recognizes the most outstanding EOA, for achievements in support of EO.
a. Eligibility. Any EOA, who has performed the duties of an EOA for at least 12 months during the fiscal year for which the award is being considered, may be nominated.
b. Criteria for selection. Eligible EOA will be nominated according to the criteria below. HQDA may revise these criteria as necessary to support the Army's EO Program.
(1) Successfully advised/assisted commander(s) in managing their EO program within guidelines established by HQDA and the appropriate ACOM, ASCC, or DRU.
(2) Demonstrated outstanding personal qualities and traits required to be a successful EOA.
(3) Made individual innovations in the EO program.
(4) Displayed exceptional knowledge of the Army's EO program.
(5) Displayed outstanding leadership qualities and made significant contributions to the human relations and EO programs, which directly impacted the readiness of the organization and the Army.
(6) Distinguished himself or herself by making visible and significant contributions to his or her organization and military/local community in the area of human relations, EO, EOAP, human resources, and military Service, which resulted in a positive relationship.
(7) Complied with height and weight standards in accordance with AR 600-9 .
(8) Created opportunities that supported and contributed to the advancement of our understanding and valuing diversity.
(9) Supported the full integration and promotion of minorities and women in the army, his or her community, and the Armed Services as a whole.
c. Procedure for selection. The ACOMs, ASCCs, or DRUs will nominate the most outstanding EOA of their respective commands. Nominations will be forwarded with recommendations to Headquarters, Department of the Army, Equal Opportunity(DAPE-HR-HF), 1700 N. Moore St, Rosslyn, VA 22209-2793.
d. Submission of nominations. Nominations for the Army's EOA Award will include the following:
(1) Nominee's name, rank/grade, social security number, date of birth, organization or installation assigned, and date of assignment.
(2) A brief narrative biography, not to exceed one single spaced, typewritten page.
(3) A brief description of duties, action taken to support commanders in maximizing human potential and ensuring fair treatment for all persons based on merit, fitness, and human potential and ensuring fair treatment for all persons based on merit, fitness, and capability in support of readiness, not to exceed two double-spaced typewritten pages.
(4) A recent (within 180 days), 8- x 10-inch head and shoulder photo in color or black and white, or a standard DA photograph, in class A uniform or duty uniform.
(5) An endorsement by the first unit of action or higher level CSM in the nominees NCO support channel or chain of command.
a. Minimum military staffing requirements.
(1) EOAs will be assigned to the special staff of commanders at installations, organizations, and agencies that are brigade level (or equivalent) and higher. Assignments will not be as collateral or part-time duty. Primary duty position authorizations and requirements that comply with this guidance are to be documented in applicable personnel management authorization documents. Elimination of authorized positions is not allowed without prior approval by the SecArmy.
(2) Active duty military staffing.
(a) Each unit of action or equivalent unit will have, as a minimum, one full-time EOA with the rank of SFC or higher. Each division will have four EOAs: one officer (LTC) and three NCOs (one MSG and two SFC). Corps staff will have one officer (LTC) and three NCOs (one SGM, one MSG and a SFC). At most ACOMs, there will be three EOAs: one officer (LTC) and two NCOs (one SGM and one MSG or SFC). FORSCOM, TRADOC, USASOC, USARPAC, Eighth US Army and USAREUR will have an additional NCO in the grade of SFC. At HQDA there will be four officers (LTC and three MAJs) and four NCOs (one SGM and three SFCs). At the Soldier Support Institute there will be three EOAs: one officer (LTC) and two NCOs (one SGM and one MSG).
(b) In addition to the unit staffing requirements listed above, small installations (fewer than 10,000 Soldiers) or base support battalions are authorized one enlisted EOA (SFC). Large installations (more than 10,000) and area support groups are authorized two enlisted EOAs (MSG and SFC).
(c) Senior mission/installation command EOAs will provide geographic support for units without a dedicated EOA in their specific (to include all activated RC units in accordance with AR 27-10 , appendix E). Senior commanders will establish MOA with tenant units without EOA support to ensure that those tenant units receive EOA support from the installation. Installation EOAs will also support nondeploying Soldiers whose unit EOA deployed with their unit.
(3) For USAR staffing, an EOA will be assigned to the staff of each brigade-level unit or brigade equivalent unit. One officer EOA (minimum rank LTC) and one enlisted EOA (minimum rank MSG) will be assigned to the staff of each RRC/GOCOM and division-level or equivalent unit. Civilian substitutions are not authorized.
(4) Civilian substitutions for the minimum staffing requirements above are not authorized. Any staffing authorized beyond these minimum requirements may be either military EOAs or civilians officially assigned to and trained for such duties. Assignment of EO duties to civilians must be in strict accordance with applicable position classification standards and guidelines.
b. Location in the organizational structure. The EOAs assigned on the unit's TDA should be attached to a specified unit (as described above) for duty, administration, and UCMJ, because they support that specific commander.
c. The Equal Opportunity Program and the Equal Employment Opportunity Program relationship. The EO Program for military personnel and the Equal Employment Opportunity (EEO) Program for civilian personnel share the same foundations in similar goals and objectives. However, their practice and execution are considerably different. Separate laws and/or regulatory guidance and policy guide each program. The EEO Program implements laws that address employment issues for civilian employees and applicants for employment. The roles and missions of the EOA and EEO officer are not interchangeable. EOAs will not supervise EEO personnel, nor will EEO personnel supervise EOAs. EO and EEO offices will not be consolidated under the direction of one or the other program principals. There are areas in which EO and EEO programs can and should be integrated when doing so promotes understanding, efficiency, economy, and common interests of both programs. These areas include the planning and execution of special observances, Consideration of Others Program, development of EOAPs, some aspects of training, and coordination of administrative support.
a. Selection policy. The CG, HRC will select qualified officers and NCOs for duty as PM/EOAs in accordance with the following selection requirements:
(1) Must have an outstanding duty performance; a review of the individual's evaluation reports will be included.
(2) Must have stability in personal affairs; Soldier will not have a recent history of severe domestic or personal problems (excluding divorce), chronic indebtedness, excessive use of alcohol, or any use of illegal drugs. Individuals withdrawn for cause from any human reliability or personal reliability program during the 2 years preceding the nomination will need a waiver from HQDA.
(3) Must not have been punished under the provisions of the UCMJ during the 5 years preceding the nomination.
(4) Must have a minimum of 2 years of service remaining upon completion of the DEOMI.
(5) Must meet Army fitness and body composition standards.
(6) Must be competitive for promotion.
(7) Must have not previously declined or been disenrolled (academic or disciplinary) from Noncommissioned Officer Education System or officer professional development course.
(8) Have a general technical score of 110 (waiverable).
(9) Maintain a minimum PULHES profile of 111221 (waiverable).
(10) Must maintain qualification standards throughout tour; units will notify HRC through channels when an EOA fails to meet minimum qualification standards.
(11) In addition to the above requirements, officers must
(a) Have a bachelor's degree.
(b) Be an AD officer in the grade of LTC or above, except as noted in paragraph 6-5 a (2) (a) . Army Reserve officers must be at least in the grade of LTC.
(c) Officers should possess EO PM experience for assignment to DEOMI.
(d) Field grade officers must be graduates of, or have received military education level 4 credit for Command and General Staff College.
(12) In addition to requirements (1) through (11), AD and Army Reserve enlisted Soldiers must
(a) Be a high school graduate (or equivalent) and possess the potential to complete college-level courses. Soldiers who are unable to score at a 12th-grade level in all measured areas of the Test of Adult Basic Education will not be assigned to EOA duty. The Soldier's test results will become part of their out-processing paperwork that will be checked off by the unit commander prior to travel to DEOMI and taken to DEOMI for inclusion in their student packet.
(b) Be a SSG(P) or above, with less than 18 years time in service upon completion of DEOMI (time in service waiverable).
(c) Have served in a leadership position.
(d) Not be assigned to back-to-back special duty assignments (for example, drill sergeant to EOA or recruiter to EOA).
b. Volunteers. Any officer or NCO who meets the selection criteria in paragraph 6-5 a may volunteer for duty as an EOA by submitting a written request to his/her branch manager. Enlisted requests will be submitted through the first LTC in the chain of command, who will endorse the request for EOA duties.
c. Tour lengths for EOAs.
(1) Active duty enlisted. Tours for enlisted personnel assigned to CONUS units will be 24 months (exclusive of training time) with the possibility for extension. Tours for enlisted personnel assigned OCONUS will be the prescribed tour length of that assignment based on status (accompanied/unaccompanied). Those Soldiers assigned to a 1-year OCONUS tour will be assigned the additional 1 year in CONUS.
(2) Active duty officer. Tours for officers assigned to CONUS units will be 24 months (exclusive of training time). Tours for officers assigned OCONUS will be the prescribed tour length for short tours or 18 months (exclusive of training time) for long tours.
(3) Army Reserve. Army Reserve EOA tours will be a minimum of 3 years upon completion of DEOMI and a maximum of 6 years. The RC EOAs will obtain school quotas through the Army Training Requirements and Resource System for course attendance in either the 15-week resident course or the two-phase RC EOA course at the DEOMI within 60 days of assignment as an EOA. Requests to exceed the 1-year completion requirement must be forwarded through the chain of command to headquarters, USAR command. Each request will be handled on a case-by-case basis and will require justification of the Soldier's inability to complete the course within the allotted time. However, commanders must closely monitor training status to ensure course completion is expedited to the maximum extent possible. Failure to complete the course will result in removal from the EOA position.
d. Early release.
(1) The Director, Enlisted Personnel Management Directorate, HRC is authorized to approve/disapprove the early release of enlisted EOAs from the EO Program when
(a) The EOA is a U.S. Sergeants Major Academy selectee, a CSM designee, or will be moving to a 1SG position. In the latter case, the EOA must serve 1 year in the EOA position.
(b) The EOA's commander has notified HRC, in writing, through the ACOM, ASCC, or DRU, that the EOA is being reassigned as a 1SG or SGM/CSM.
(c) The HRC is able to select, train, and assign a replacement for the outgoing EOA expeditiously to eliminate a gap in coverage.
(d) It is necessary for cause.
(2) The CG, HRC is authorized to approve or disapprove the early release of officer EOAs from the EO Program when:
(a) The EOA and/or PM has been selected for promotion and the current unit of assignment cannot place him or her.
(b) The EOA and/or PM has been selected for a command selection list.
e. Relieved from equal opportunity duty. The EOA relieved from EO duty will receive a relief for cause evaluation report. This will occur immediately following the removal from duty.
f. Removal of the equal opportunity advisor skill qualifications identifier. The EO SQI or ASI may be withdrawn from the EOA only if approved by HQDA for AA or the CAR for Army Reserve. A DA Form 4187 (Personnel Action) signed by the commander, with a copy of the Relief for Cause Evaluation Report, will be forwarded through the ACOM, ASCC, DRU, and HRC to HQDA
(1) Officer and enlisted personnel selected for PM/EOA duty will attend the EOA course.
(2) The RC full time support EO personnel filling an authorized, full-time EO specialist position will attend the EOA course at DEOMI. Troop program unit (TPU) Soldiers performing EO duties will attend the two-phase EOA RC Course.
b. Resident courses. The DEOMI curriculum currently consists of the 15-week EOA course. The EOA course is designated to train personnel for assignment as full-time EOA/PMs.
c. Certification. Upon successful completion of the 15-week EOA course and the resident/non-resident RC EOA course, DEOMI recommends graduates for the awarding of SQI Q (enlisted) and ASI 5T (officers). The CG, HRC will award the appropriate designator to Soldiers upon their successful completion of DEOMI. Only graduates of the DEOMI courses listed above are designated as EOAs.
d. Scheduling of training. The CG, HRC programs qualified AD officers and NCOs for training and duty as EOAs; the CNGB and CAR program ARNG and USAR Soldiers for EOA duty; the CG, HRC controls DEOMI training seats for AD; the CAR controls DEOMI training seats for Army Reserve personnel; CNGB controls training seats for ARNG for the DEOMI RC Course. Commands will use the following procedures to acquire these allocations:
(1) Commanders desiring to send officers and NCOs on TDY to DEOMI and then return to their units as EOAs will send their requests through their ACOMs, ASCCs, or DRUs. The ACOMs, ASCCs, or DRUs will forward applications for officers to CG, HRC, 200 Stovall Street, ATTN: HRC-OPB-D, Alexandria, VA 22332-0400. For NCOs, forward applications to CG, HRC, 2461 Eisenhower Ave., Alexandria, VA 22331-0454.
(2) Units must request training seats in writing and requests must arrive at HRC no later than 45 days before the starting date of a requested class.
(3) The RC personnel must have an Army Training Requirements and Resource System allocation to be considered for attendance. This is applicable to ARNG unit members and Army Reserve TPU Soldiers, AGR, and military technicians assigned to a major ARNG or Army Reserve command headquarters and perform day-to-day EO duties as listed in their job descriptions or performance standards.
a. Off-post activities. Title II of the Civil Rights Act of 1964 addresses the practice of discrimination and segregation in public establishments. These public establishments include privately owned establishments such as hotels, restaurants, gasoline stations, theaters, places of entertainment, and community housing (for example, apartments). The senior commander will ensure that the facts surrounding allegations of discriminatory practices are fully developed. The commander will also ensure those individuals and organizations alleged to practice such unlawful discrimination are given a full and fair opportunity to challenge particular allegations. If all reasonable efforts and alternatives fail to eliminate off-post discriminatory practices in public accommodations, senior commanders are authorized to place those facilities off-limits after requesting such action through the servicing Armed Forces Disciplinary Control Board. Military personnel outside the United States are not protected under the Civil Rights Act of 1964 while off-post. However, the commander will take whatever actions are available and appropriate to eliminate discriminatory practices in public accommodations outside the United States that affect Soldiers, civilians, or Family members of his/her command. Commanders must promote awareness of the pertinent laws of the host nation.
b. Off-limits sanctions. Off-limits sanctions may be appropriate for public accommodations and establishments falsely claiming to be private clubs (fraternal or otherwise) with discriminatory policies and practices. If discriminatory practices off-post are found to be directed at selected Soldiers in a command and efforts at conciliation prove unsuccessful, imposition of off-limits sanctions according to AR 190-24 may be appropriate.
c. Off-limits sanctions and private establishments. The establishment of off-limits areas is a function of command. It may be used by commanders to help maintain the good order and discipline, health, morale, safety, and welfare of Soldiers. A senior commander ordinarily may not apply off-limits sanctions to a bona fide private establishment, club, activity, or organization. However, such an entity may be placed off-limits if the following conditions exist:
(1) It is open to military personnel in general or to Soldiers who meet specific objective criteria (such as sergeant and above) but segregates or discriminates against other Soldiers solely on the basis of race, color, religion, gender, or national origin.
(2) It is not primarily political or religious in nature.
(3) The senior commander, in consultation with his/her key staff, determines that the available facts support the allegations of unlawful discrimination after affording the management of the establishment, club, activity, or organization a full and fair opportunity to challenge or refute allegations.
(4) Reasonable efforts by the commander to bring about voluntary termination of the discriminatory practices are unsuccessful.
(5) The commander determines that continued unlawful discrimination by the establishment, club, activity, or organization undermines the morale, discipline, or loyalty of Soldiers in the command.
d. On-post activities. All on-post facilities and official activities are open, as appropriate, to all DOD personnel and Family members without regard to race, color, religion, gender, or national origin. Senior commanders are responsible for ensuring that an organization taking advantage of or using on-post facilities (whether on a reimbursable basis or otherwise) does not engage in unlawful discriminatory practices. It is not enough to depend solely on the published bylaws or the constitution of the organization. The senior commander must assess the organization's actual membership practices and their effect upon the command. In cases where the senior commander determines that credible information of discriminatory practices by an on-post private organization has been presented, the organization has the burden of proving it did not engage in discriminatory practices. Failure to substantiate the absence of discriminatory practices will result in a denial of the use of on-post facilities. However, the provisions of this paragraph do not prohibit the senior commander from approving the operation of private organizations that restrict membership to one gender if one or more of the following apply:
(1) The private organization's purpose is philanthropic and, by tradition, its membership has been of one gender.
(2) The private organization's purpose and functions is to benefit one sex, and its membership is composed of that gender (Examples are scouting organizations or women's and men's sporting associations.)
(3) The private organization has a specific purpose and function that restricts membership to one gender, but also has a counterpart organization with the same purpose and function. (Examples are women's and men's sport clubs, women's and men's civic associations, and boy and girl scouting organizations.)
a. Individual rights. Soldiers, Family members, and DA civilians have the right to
(1) Present a complaint to the command without fear of intimidation, reprisal, or harassment.
(2) Communicate with the commander concerning their complaints.
(3) Receive assistance when submitting a complaint.
(4) Receive training on the Army's EO complaint and appeals process.
b. Individual responsibility. Individuals are responsible for
(1) Advising the command of any incidents of sexual harassment and unlawful discrimination complaints and providing the command an opportunity to take appropriate action to rectify/resolve the issue.
(2) Submitting only legitimate complaints and exercising caution against unfounded or reckless charges.
c. Individual attempts to resolve complaints. It is recommended that the individual attempt to resolve a complaint by first informing the alleged offender that the behavior must stop.
d. Filing and processing equal opportunity complaints. For filing and processing of EO or sexual harassment complaints, follow the procedures outlined in appendix D .
Complaints of housing discrimination involving unequal treatment because of race, color, religion, gender, or national origin will be forwarded to the local housing division for processing. AR 420-1 and DA Pam 420-1-1 provide policy and procedures for housing issues.
a. Entries. The performance evaluation process provides commanders and supervisors an excellent opportunity to discuss their goals, objectives, and expectations of the EO and EEO programs. In counseling session, commanders and supervisors should discuss these programs as expressions of the Army's values and encourage support of these programs and how they intend to evaluate individual behaviors and actions. When evaluating officers, enlisted Soldiers, or DA civilian employees, rating officials will evaluate those individuals' commitment to the goals and objectives of the EO or EEO program. This includes the individuals' actions or non-actions toward the prevention and elimination of unlawful discrimination and/or sexual harassment. Raters are required to document significant deviations from that commitment and identify instances of reprisal/retaliation taken by the rated individual in that evaluation report (see AR 623-3 ). Substantiated EO complaints as a result of AR 15-6 investigation require a "Does not support EO" on the noncommissioned officer evaluation report or a "No" in Part IV-Performance Evaluation Professionalism, A. Army Values, 5. Respect, on the officer evaluation report . This documentation may include administering appropriate administrative, disciplinary, or legal action(s) to correct offensive behavior.
b. Appeals. Appeals of officer evaluation reports due to alleged unlawful discrimination, sexual harassment, or reprisal will be conducted according to the procedures specified in AR 623-3 Appeals of noncommissioned officer evaluation reports, based on allegations of unlawful discrimination, sexual harassment, or reprisal, will be submitted according to the procedures outlined in AR 623-3.
Army personnel pursuing an educational program at an institution that unlawfully discriminates in the admission or subsequent treatment of students will not be financially assisted from appropriated fund resources. Exceptions to this policy will be considered when the applicant has previously attended the institution in question and will suffer personal hardship through loss of earned credits if a transfer is required. When Soldiers seek continuation of civilian schooling with schools barred from receiving DOD or DA funds because they discriminate in their admission practices or subsequent treatment of students, they will request an exception to policy through command channels.
Within the framework of the legal assistance program, legal assistance may be provided to Soldiers who believe they have been denied federally protected rights. If the civil rights of Soldiers seem endangered and an appearance in court or other legal action beyond the authority of the legal assistance officer is required, the matter will be reported to The Judge Advocate General (HQDA (DAJA-CL), 2200 Army Pentagon, Washington DC 20310-2200 for possible referral to the Department of Justice (see AR 27-40 )).
The EOAPs are planned, achievable steps that eliminate practices denying fair and equitable treatment to Soldiers and their Families, and that monitor progress toward these goals.
a. Each ACOM, ASCC, DRU, installation, separate unit, agency, and activity down to and including brigade-level or equivalent will develop and implement EOAPs. The DA Pam 600-26 is the HQDA EOAP that monitors the centralized personnel management processes for which HQDA has responsibility. Heads of staff proponent agencies and their field operating agencies provide input to this EOAP. Unit EOAPs will be written in accordance with DA Pam 600-26.
b. Units will review EOAPs annually to assess the effectiveness of past actions; to initiate new actions, and to sustain, monitor, or delete goals already achieved.
c. Commanders will provide a copy of their EOAP to the next higher commander.
d. Affirmative Employment Plans for civilian employees will be established in accordance with AR 690-12 .
a. Minimum criteria for local unit training programs.
(1) The commander will incorporate EO training into the overall training plan for the unit. The Soldier Support Institute publishes TC 26-6 that may assist commanders in developing required training. Active Army and RCs commanders of TOE/modified table of organization and equipment/TDA units will add the following topics to their quarterly or yearly training briefings:
(a) Type and dates of human relations training conducted by the unit since last QTB/yearly training brief (YTB).
(b) Type and dates of human relations training scheduled for the unit before the next QTB/YTB.
(c) The number of EOAs/EORs required, authorized, or on hand and the training they have completed or scheduled prior to next QTB/YTB.
(d) Date last command climate survey was conducted and date next command climate survey is scheduled.
(2) Leaders will conduct mandatory unit EO/POSH training quarterly. Commanders will document training on the unit's training schedule and lead the training. In their training documentation, commanders must include type of training; instructor; date, time and length of training; roster of attendees and issues covered in the session. From time to time, different issues will be of local or Armywide importance and require special emphasis and attention by unit commanders. At a minimum, two of the quarters will consist of POSH training (see para 7-8 ). The other two quarters will consist of training that is interactive, small group, discussion-based (for example, using Consideration of Others methodology) and can focus on these topics
(a) Objectives of the Army EO Program.
(b) Army and local command policies on EO.
(c) Objectives of EOAPs.
(d) Behavioral characteristics and other indicators of EO problems, what behaviors are and are not appropriate, and acceptable behaviors leading to unit cohesion and teamwork.
(e) The impact of individual and institutional discrimination on mission accomplishment.
(f) Proper handling of EO complaints and the EO complaint system.
(g) Identifying, dealing with, preventing, and eliminating racial and ethnic discrimination and sexual harassment.
(h) Legal and administrative consequences of participating in acts of unlawful discrimination and sexual harassment.
(i) Individual responsibilities of both Soldiers and DA civilians concerning EO and the prevention and eradication of sexual harassment (that is, identifying inappropriate behaviors, handling complaints, developing techniques in dealing with sexual harassment, developing assertiveness skills, submitting complaints in the event the situation cannot be handled on-the-spot or one-on-one, and reporting incidents to the chain of command).
(j) The importance of honest and open interpersonal communications in promoting a healthy unit climate.
(k) Unit climate assessment what it is, what it is used for, what makes it important, how it is done, what its results mean and what to do about various results.
(l) Review of actual unit climate assessment findings and amplification of issues raised. If appropriate, the commander will discuss issues that surface from assessment and develop an action plan to improve unit climate with unit members.
(3) The chain of command and other leaders (commander, CSM, sergeant major (SGM), 1SG, civilian supervisors, and others) will be present and participate in unit EO sessions.
(4) Headquarters elements of units of action and higher units will conduct EO and prevention/eradication of sexual harassment training (for example, a senior leader/executive-level seminar) a minimum of once a year. Training will be small group, interactive, and discussion-based. It should emphasize findings determined as a result of unit command climate assessments.
b. Generally, training for Army War College and PCC will cover
(1) Planning and resourcing the implementation of the Army's EO program.
(2) Creating positive command climates that promote fair and equal treatment and that create opportunities for all Soldiers, civilians, and Family members by
(a) Publishing policies and evaluating subordinate unit EO initiatives.
(b) Ensuring that EO training is focused on the roles, duties, and responsibilities for EO and the prevention and eradication of sexual harassment; on leader skills needed to handle Soldier issues to include racial, cultural, and gender considerations; and on preventing, detecting, and avoiding conditions and situations that could lead to unprofessional behaviors and acts.
(c) Conducting unit climate assessments, analyzing the data, and using feedback to improve living and working environments.
(d) Promptly investigating complaints and incident reports, taking action against offenders, correcting conditions and situations that could lead to incidents/complaints, and implementing actions to prevent recurrence.
(e) Utilizing EOAs to monitor unit environment and to assist in the development of unit training and in the resolution of complaints.
(f) Planning and conducting special/ethnic observance activities.
(g) Monitoring and evaluating their own and subordinate unit EOAPs.
c. Generally, Senior Executive Diversity Awareness Training will cover
(1) Planning and resourcing the implementation of the Army's EO program.
(2) Creating positive command climates that promote fair and equal treatment and that create opportunities for all Soldiers, civilians, and Family members.
(3) Contemporary issues in EO and the prevention and eradication of sexual harassment.
All ACOMs, ASCCs, or DRUs will submit a QNSR on EO progress to HQDA no later than 30 days following the end of each quarter, utilizing the automated EO database. Deployed units will submit their reports to their parent units or ACOMs, ASCCs, or DRUs. Reports will include the following information:
a. Complaint information. Total number of formal Army complaints filed by quarter, according to type (that is, gender, ethnicity, racial, religion, or sexual harassment), and whether or not the reports are pending, substantiated, or unsubstantiated. Data also include information on the complainant's unit, rank, race, gender, date of complaint, method of resolution, action taken, and the commander's assessment of the Human Relations Climate of their unit and comments.
b. Command profile. Command position breakout (brigade, battalion, company commanders, executive officers and/or operations officers, CSMs, and 1SGs) by racial, ethnic, and gender groups.
c. Major subordinate command data. Listing of all major subordinate commands (MSCs) with breakout of total number of brigades, battalions, and companies (MSC ACOM, ASCC, or DRU will be included). Also reflects number of EOAs required, authorized, and on hand.
d. Program manager and equal opportunity advisor listing. Alphabetical listing of all EOAs with information on race, gender, unit, level, staffing (TDA or TOE), and comments. Also includes date EOA arrived and replacement data.
e. Quarterly equal opportunity report. Who conducted command inspection programs (CIPs)/SAVs, numbers of training sessions conducted, and number of commanders and 1SGs who attended commander's courses.
f. Unit assessment report. Listing of unit assessments (UAs) conducted for the quarter by MSC or unit level to include the tool (MEOCS, Training Diagnostic Assessment System, the command climate survey (mandatory for company commanders)) used to conduct the UA, and comments.
a. Allocations. Civilian allocations for the DEOMI will be controlled by the CG, HRC. The CNGB, CG FORSCOM, and the CAR will control allocations for their respective Reserve elements and will prescribe the way in which civilian requests are submitted.
b. Application. Commanders desiring to send civilians who are officially assigned to duties in the Army EO Program to the DEOMI will send an application to the appropriate ACOM, ASCC, or DRU. If approved, the ACOM, ASCC, or DRU will request a training seat from the Commanding General, U.S. Army Human Resources Command (HRC-OPA-E) 1600 Spearhead Division, Fort Knox, KY 40122-5201. If all training seats are filled, the request will be considered for a later class if the ACOM, ASCC, or DRU desires. Requests for allocations must be submitted in writing to arrive at HRC no later than 45 days before the starting date of the requested class.
c. Command notification of Defense Equal Opportunity Management Institute. When the requesting command receives an approved training seat, the command will provide the Commandant at DEOMI: Name, grade, SSN, educational level, military mailing address, and telephone number of the candidate for training and the desired course number.
d. Civilian personnel selection requirements. Civilian personnel prerequisites for attendance at the DEOMI are as follows:
(1) Be in grade GS-7 or above or be slated for promotion to GS-7 upon completion of the course.
(2) Occupy or be scheduled to occupy an officially assigned position in the military EO program in accordance with applicable position classification standards and guidelines.
(3) Be considered suitable for EO duties as determined in an interview conducted by the commander on whose staff the person will be assigned.
e. Request procedures. The ACOMs, ASCCs, or DRUs, when requesting allocations, will send the following information to HRC:
(1) Class desired to attend.
(2) Willingness to accept an allocation in a subsequent class if the requested class is filled.
f. Funding. Attendee's current unit of assignment provides funding for "TDY and return."
EO special/ethnic observances are conducted to enhance cross-cultural awareness among all Soldiers, civilian employees, and their Families. These observances recognize the achievements and contributions made by members of specific racial, ethnic, or gender groups in our society. The observances should also promote understanding, teamwork, harmony, pride, and esprit among all groups, not just within the specific group being honored.
a. DCS, G-1 possesses general staff responsibility for establishing policy and identifying the time period for each observance.
b. Senior commanders will
(1) Develop, plan, and conduct observances during the designated time frame as outlined in table 6-1 or as otherwise directed by HQDA.
(2) Encourage all members of the military community to contribute to and participate in the planning, implementation, and conduct of the observance activities.
(3) Involve members of the staff elements and subordinate units in the development and conduct of observance functions.
(4) Select and announce an appropriate theme for the observance, consistent with the spirit of the event and the needs of the local community. National or DOD themes are often published that may be used to augment the activities.
c. The EO Program management or education and training funds may be spent on activities and publications that are intended to promote cross-cultural harmony and awareness. Examples of permissible expenditures include guest speakers, artistic or cultural activities, food exhibits or samples (samples are not intended as meals or refreshments). Additionally, funds may be allocated to commercial entertainment as part of an educational awareness program. Commanders will ensure that projected events amplify the contributions made to the Army and to society by the featured ethnic, gender, or racial group.
d. Commanders will publicize the cultural/ethnic event in post newspapers and bulletins to provide widest dissemination possible.
e. Commanders will form a standing committee to plan cultural observances. Members of the committee may include the EOA, morale, welfare and recreations officer, public affairs officer, club managers, unit chaplains, DOD dependent school representatives, resource management personnel, and other individuals as necessary.
f. Commanders will encourage maximum use of recreational facilities to include the post library, recreation center, theater, and so forth for use during observation of the special events. Suggested activities include the following:
(1) Special displays in libraries.
(2) Expositions and displays of arts and crafts.
(3) Special music or drama programs.
(4) Programs featuring historical achievements and contributions by various ethnic groups to Government, education, industry, religion, music and theater 5). Speeches from local chain of command and DOD civilians.
g. Activities will be designated and scheduled to allow for maximum attendance by all Soldiers and civilians within the command. Commanders will establish a policy that ensures that all personnel desiring to participate in these observances are given a reasonable opportunity to do so.
h. A consolidated annual observance recognizing members of all racial/ethnic/gender groups may be conducted in addition to (but will not be used in place of) the observances listed in table 6-1 .
i. Funding for installation special/ethnic observances will come from HQ, Installation Management Agency to the GC.
POSH is a commander's responsibility. The EOA plays a pivotal role by assisting the commander with policy awareness, training, command climate assessments, complaints processing, and overall advisory assistance concerning the POSH.
Commanders and supervisors will
a. Ensure that assigned personnel (to include RC personnel under their jurisdiction) are familiar with the Army policy on sexual harassment.
b. Publish and post written command policy statements for the POSH. All statements will be consistent with Army policy. They will include the local command's commitment to the Army's policy against sexual harassment and will reaffirm that sexual harassment will not be tolerated. The statement will explain how and where to file complaints and will state that all complainants will be protected from acts or threats of reprisal. Each ACOM, ASCC, DRU, installation, separate unit, agency, and activity down to company, troop, or battery level will publish a sexual harassment command policy statement. Units should coordinate these policy statements with the servicing SJA or legal advisor before publishing them.
c. Continually assess and be aware of the climate of command regarding sexual harassment. Identify problems or potential problems. Take prompt, decisive action to investigate all complaints of sexual harassment. Either resolve the problem at the lowest possible level or, if necessary, take formal disciplinary or administrative action. Do not allow Soldiers to be retaliated against for filing complaints. Continually monitor the unit and assess sexual harassment prevention policies and programs at all levels within area of responsibility. Ensure all leaders understand that if they witness or otherwise know of incidents of sexual harassment, they are obligated to act. If they do not, they themselves are also engaging in sexual harassment.
d. Set the standard.
a. The policy of the Army is that sexual harassment is unacceptable conduct and will not be tolerated. Army leadership at all levels will be committed to creating and maintaining an environment conducive to maximum productivity and respect for human dignity. Sexual harassment destroys teamwork and negatively affects combat readiness. The Army bases its success on mission accomplishment. Successful mission accomplishment can be achieved only in an environment free of sexual harassment for all personnel.
b. The POSH is the responsibility of every Soldier and DA civilian. Leaders set the standard for Soldiers and DA civilians to follow.
a. Sexual harassment is a form of gender discrimination that involves unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature between the same or opposite genders when
(1) Submission to, or rejection of, such conduct is made either explicitly or implicitly a term or condition of a person's job, pay, or career.
(2) Submission to, or rejection of, such conduct by a person is used as a basis for career or employment decisions affecting that person.
(3) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment.
b. Any person in a supervisory or command position who uses or condones implicit or explicit sexual behavior to control, influence, or affect the career, pay, or job of a Soldier or civilian employee is engaging in sexual harassment. Similarly, any Soldier or civilian employee who makes deliberate or repeated unwelcome verbal comments, gestures, or physical contact of a sexual nature is engaging in sexual harassment.
a. Verbal. Examples of verbal sexual harassment may include telling sexual jokes; using sexually explicit profanity, threats, sexually oriented cadences, or sexual comments; whistling in a sexually suggestive manner; and describing certain attributes of one's physical appearance in a sexual manner. Verbal sexual harassment may also include using terms of endearment such as "honey", "babe", "sweetheart", "dear", "stud", or "hunk" in referring to Soldiers, civilian co-workers, or Family members.
b. Nonverbal. Examples of nonverbal sexual harassment may include staring at someone (that is, "undressing someone with one's eyes"), blowing kisses, winking, or licking one's lips in a suggestive manner. Nonverbal sexual harassment also includes printed material (for example, displaying sexually oriented pictures or cartoons); using sexually oriented screen savers on one's computer; or sending sexually oriented notes, letters, faxes, or email.
c. Physical contact. Examples of physical sexual harassment may include touching, patting, pinching, bumping, grabbing, cornering, or blocking a passageway; kissing; and providing unsolicited back or neck rubs. Sexual assault and rape are extreme forms of sexual harassment and serious criminal acts. When these acts occur, report them in accordance with the procedure outlined in chapter 8 and appendix H , of this regulation.
a. Quid pro quo. "Quid pro quo" is a Latin term meaning "this for that." This term refers to conditions placed on a person's career or terms of employment in return for favors. It includes implicit or explicit threats of adverse action if the person does not submit to such conditions and promises of favorable actions if the person does submit to such conditions. Examples include demanding sexual favors in exchange for a promotion, award, or favorable assignment; disciplining or relieving a subordinate who refuses sexual advances; and threats of poor job evaluation for refusing sexual advances. Incidents of "quid pro quo" may also have a harassing effect on third persons. It may result in allegations of sexual favoritism or general discrimination when a person feels unfairly deprived of recognition, advancement, or career opportunities because of favoritism shown to another Soldier or civilian employee on the basis of a sexual relationship. An example would be a Soldier who is not recommended for promotion and who believes that his or her squad leader recommended another Soldier in his or her squad for promotion on the basis of provided or promised sexual favors, not upon merit or ability.
b. Hostile environment. A hostile environment occurs when Soldiers or civilians are subjected to offensive, unwanted and unsolicited comments, or behaviors of a sexual nature. If these behaviors unreasonably interfere with their performance, regardless of whether the harasser and the victim are in the same workplace, then the environment is classified as hostile. A hostile environment brings the topic of sex or gender differences into the workplace in any one of a number of forms. It does not necessarily include the more blatant acts of "quid pro quo"; it normally includes nonviolent, gender-biased sexual behaviors (for example, the use of derogatory gender-biased terms, comments about body parts, suggestive pictures, explicit jokes, and unwanted touching).
All Soldiers and civilians have a responsibility to help resolve acts of sexual harassment. Examples of how to accomplish this follows:
a. Direct approach. Confront the harasser and tell them that the behavior is not appreciated, not welcomed and that it must stop. Stay focused on the behavior and its impact. Use common courtesy. Write down thoughts before approaching the individual involved.
b. Indirect approach. Send a letter to the harasser stating the facts, personal feelings about the inappropriate behavior and expected resolution.
c. Third party. Request assistance from another person. Ask someone else to talk to the harasser, to accompany the victim, or to intervene on behalf of the victim to resolve the conflict.
d. Chain of command. Report the behavior to immediate supervisor or others in chain of command and ask for assistance in resolving the situation.
e. Filing a formal complaint. Details for filing an informal or formal complaint are included in appendix D .
The elimination of sexual harassment within a unit begins with a policy of aggressive and progressive training to identify and prevent inappropriate behavior. Units will conduct progressive, interactive small group sexual harassment training twice each year. Soldiers must understand what sexual harassment is, how to recognize it, how to prevent it, how to report it, and the consequences of engaging in sexual harassment.
a. The quality and effectiveness of unit training are of primary concern. The most effective approach to training to prevent sexual harassment is through interactive discussion in small groups of mixed gender. Situational vignettes or scenarios should be used to facilitate discussion among unit Soldiers and civilians. Role play is also an effective training means. The training focus should be appropriate to the level of the experience and breadth of responsibilities of each target audience. Unit commanders must attend this training and evaluate its content and quality.
b. Unit training for junior enlisted and civilian employees will focus on defining sexual harassment and gender discrimination, sanctions that may be used to punish harassers, techniques for Soldiers to deal with sexual harassment and methods of filing a complaint through the complaint system.
c. Unit training or professional development training for junior officers, NCOs and civilian supervisors will reinforce the aforementioned training. In addition, emphasis should be placed on promoting a healthy work environment within the section or unit as well as on techniques for receiving, handling and resolving complaints. Training on the EO complaint system must include leader responsibilities in processing informal and formal complaints. It must emphasize the prevention of reprisal actions against complainants.
d. Training at unit level for senior NCOs, WOs, officers, civilian managers and senior executive service personnel will focus on fostering a healthy command climate and using appropriate means for determining a healthy command climate. This training will also focus on sanctions for offenders. In addition, it will reinforce the elements of training they receive at a more junior level.
e. Leaders may enlist the service of their brigade or higher level EOA or TC 26-6 to help prepare and conduct POSH training.
f. Commanders will document POSH training on the unit's training schedule. Documentation will include type, instructor, date, time, length of training, roster of attendees, and issues covered in the session.
g. The chain of command and EOAs will attend and participate in POSH sessions.
Filing and processing of sexual harassment complaints follow the same procedures as outlined in appendix D for EO complaints. Charges of sexual misconduct are to be processed through legal and/or law enforcement channels, not EO channels.
a. Purpose. The SAPR Program reinforces the Army's commitment to eliminate incidents of sexual assault through a comprehensive policy that centers on awareness and prevention, training and education, victim advocacy, response, reporting, and accountability. Army policy promotes sensitive care and confidential reporting for victims of sexual assault and accountability for those who commit these crimes. For the purposes of this policy, confidentiality or confidential reporting is defined as allowing a Soldier to report a sexual assault to specified individuals. This reporting option gives the Soldier access to medical care, counseling, and victim advocacy, without initiating the investigative process. See appendix H for full discussion of confidentiality policy for victims of sexual assault.
b. Goals. The goals of the SAPR Program are to
(1) Create a climate that minimizes sexual assault incidents, which impact Army personnel, Army civilians, and Family members, and, if an incident should occur, ensure that victims and subjects are treated according to Army policy.
(2) Create a climate that encourages victims to report incidents of sexual assault without fear.
(3) Establish sexual assault prevention training and awareness programs to educate Soldiers.
(4) Ensure sensitive and comprehensive treatment to restore victims' health and Well-being.
(5) Ensure leaders understand their roles and responsibilities regarding response to sexual assault victims, thoroughly investigate allegations of sexual assault, and take appropriate administrative and disciplinary action.
a. Sexual assault is a criminal offense that has no place in the Army. It degrades mission readiness by devastating the Army's ability to work effectively as a team. Every Soldier who is aware of a sexual assault should immediately (within 24 hours) report incidents. Sexual assault is incompatible with Army values and is punishable under the UCMJ and other Federal and local civilian laws.
b. The Army will use training, education, and awareness to minimize sexual assault; to promote the sensitive handling of victims of sexual assault; to offer victim assistance and counseling; to hold those who commit sexual assault offenses accountable; to provide confidential avenues for reporting, and to reinforce a commitment to Army values.
c. The Army will treat all victims of sexual assault with dignity, fairness, and respect.
d. The Army will treat every reported sexual assault incident seriously by following proper guidelines. The information and circumstances of the allegations will be disclosed on a need-to-know basis only.
e. This policy applies
(1) Both on and off post and during duty and non-duty hours.
(2) To working, living, and recreational environments (including both on- and off-post housing).
Victim's use of advocacy services is optional; however, commanders must ensure that victims have access to a well-coordinated, highly responsive sexual assault Victim Advocacy Program that is available 24 hours per day/7 days per week both in the garrison and in a deployed environment.
a. There are three echelons of sexual assault victim advocates (VAs) in the Army's program in garrison
(1) The installation sexual assault response coordinator (SARC) is responsible for coordinating the local implementation of the program.
(2) Installation victim advocates (IVA) work directly with the installation SARC, victims of sexual assault, unit victim advocates (UVAs), and other installation response agencies.
(3) The UVAs are Soldiers who are trained to provide limited victim advocacy as a collateral duty.
b. In a deployed environment, there are two echelons of VAs:
(1) Deployable SARC are Soldiers trained and responsible for coordinating the SAPR Program as a collateral duty in a specified area of a deployed theater. There is one deployable SARC at each brigade/unit of action and higher echelon.
(2) The UVAs are Soldiers trained to provide victim advocacy as a collateral duty. There are two UVAs for each battalion-sized unit.
For the purpose of this policy
a. Sexual assault. Sexual assault is a crime defined as intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts. Sexual assault can occur without regard to gender or spousal relationship or age of victim. "Consent" will not be deemed or construed to mean the failure by the victim to offer physical resistance. Consent is not given when a person uses force, threat of force, or coercion or when the victim is asleep, incapacitated, or unconscious.
b. Other sex-related offenses. Other sex-related offenses are defined as all other sexual acts or acts in violation of the UCMJ that do not meet the above definition of sexual assault, or the definition of sexual harassment as promulgated in DODD 1350.2 . Examples of other sex-related offenses could include indecent acts with another and adultery. (For the specific articles of sexual assault offenses under the UCMJ, see the MCM .
c. Restricted reporting. Restricted reporting allows a Soldier who is a sexual assault victim, on a confidential basis, to disclose the details of their assault to specifically identified individuals and receive medical treatment and counseling, without triggering the official investigative process. Soldiers who are sexually assaulted and desire restricted reporting under this policy should report the assault to the SARC, VA, chaplain, or a healthcare provider.
d. Unrestricted reporting. Unrestricted reporting allows a Soldier who is sexually assaulted and desires medical treatment, counseling, and an official investigation of his/her allegation to use current reporting channels (for example, the chain of command or law enforcement), or he/she may report the incident to the SARC or the on-call VA. Upon notification of a reported sexual assault, the SARC will immediately notify a VA. Additionally, with the victim's consent, the healthcare provider will conduct a forensic examination, which may include the collection of evidence. Details regarding the incident will be limited to only those personnel who have a legitimate need to know. See appendix H for a detailed explanation of restricted and unrestricted reporting.
a. The Deputy Chief of Staff, G-1. The DCS, G-1 will
(1) Be responsible for Armywide policies, doctrine, plans, and initiatives pertaining to the SAPR Program.
(2) Be responsible for the overall implementation, evaluation, and assessment of the SAPR Program.
(3) Provide oversight for the coordination of SAPR Program training requirements with the Commander, TRADOC, for all Soldiers throughout the Army's institutional training base.
(4) Ensure sexual assault awareness and prevention training is incorporated into relevant human relations training (for example, in-processing briefs, Army alcohol and/or drug abuse prevention education, and POSH training.
(5) Establish selection criteria, in coordination with the ACSIM, through the USACFSC, for staffing of installation SARCs.
(6) Develop and provide oversight of the Sexual Assault Data Management System (SADMS).
(7) Provide sexual assault data reports in accordance with DODI that will be used in quarterly and annual reports to the House and Senate Armed Services Committees.
b. Director, Sexual Assault Prevention and Response Program. The Director will
(1) Be responsible for the Army's SAPR Program management functions.
(2) Coordinate with Army staff offices and agencies in establishing policies that reduce sexual assault, streamline reporting, and establish cohesive procedures to support victims, investigative procedures, and all aspects of the SAPR Program.
(3) Coordinate SAPR Program training requirements with the Commander, TRADOC, for all Soldiers throughout the Army's institutional training base.
(a) Coordinate training requirements with the ACSIM, through the Community and Family Support Center (CFSC), to develop programs of instruction and other support materials for sexual assault awareness and prevention training for SARCs, VAs, deployable SARCs, and UVAs.
(b) Coordinate training requirements with the Commander, TRADOC, Office of the Judge Advocate General (OTJAG), Office of The Surgeon General (OTSG), and Chief of Chaplains for all Soldiers throughout the Army's institutional training base.
(4) Ensure periodic evaluations and assessments are conducted of the SAPR Program.
(5) Maintain SADMS.
(a) Determine data and statistics to be collected, maintained, and reported by installation SARCs.
(b) Collect, record, and maintain data on sexual assault cases.
(6) Monitor sexual assault data and trends.
c. Provost Marshal General. The Provost Marshal General will
(1) Implement law enforcement and criminal investigation procedures for the immediate investigation of all reports of sexual assault.
(2) Establish procedures for installation provost marshal staff and Criminal Investigation Command special agents to support SARCs.
(3) Establish procedures for implementing the provisions of confidentiality as defined in appendix H .
(4) Ensure that law enforcement personnel receive sensitivity training in responding to victims of sexual assault, as well as training on victim assistance and resources, and related law enforcement investigative responses (see app I ).
(5) Support the submission of sexual assault data into SADMS.
d. U.S. Army Criminal Investigation Command. The Commander, U.S. Army Criminal Investigation Command (USACIDC-hereafter referred to in this document as CID) will
(1) Establish criminal investigation policies and procedures for investigating incidents of sexual assault that are within the CID investigative authority consistent with DOD policy and implemented in AR 195-1 , AR 195-2 , AR 190-45 , and AR 195-5 .
(2) Ensure that law enforcement personnel receive sensitivity training in responding to victims of sexual assault, as well as training on victim assistance and resources, and related law enforcement investigative responses (see app I ).
(3) Establish procedures in CID regulations that support the role of the SARC and provide status reports to the SARC on investigative activity and other pertinent details to the extent that it will not jeopardize an ongoing investigation or the rights of a potential subject of an ongoing investigation.
(4) Ensure that the Office of the Staff Judge Advocate is notified when a sexual assault occurs within Army jurisdiction.
(5) Supervise activities at U.S. Army Criminal Investigation Laboratory to efficiently process evidence from sexual assault cases.
(6) Ensure that victims and witnesses are notified of their rights through a completed DD Form 2701 (Initial Information for Victims and Witnesses of Crime). Ensure that the victim and witness are informed of the status of the investigative activity, according to the procedures established by the SARC and to the extent that such actions will not jeopardize an ongoing investigation and the availability of services.
(7) Ensure that disposition reports by battalion commanders or first lieutenant colonel in the chain of command, DA Form 4833 (Commander's Report of Disciplinary or Administrative Action), are entered into the Army Criminal Investigation and Intelligence System and reported to the Director, U.S. Army Crime Records Center.
(8) Support the submission of sexual assault data into SADMS.
(9) Support Armywide and DOD data calls as required.
(10) Provide a representative with appropriate experience and level of expertise to serve on the sexual assault review board (SARB) (see app F for a detailed description of the SARB).
(11) Establish procedures for implementing the provisions of confidentiality as defined in appendix H .
(12) Immediately notify the SARC or the on-call IVA, if after normal duty hours, of all incidents of sexual assault.
e. The Surgeon General. TSG will
(1) Implement regulatory guidance and protocols for the medical response and evidence collection kit for sexual assault incidents that include consideration of state and local jurisdictions. Coordinate with local CID office when implementing regulatory guidance and protocols for evidence collection kit.
(2) Provide guidance to MTF commanders on what medical treatment information may be provided to the SARC to assist in the monitoring of cases and the SARB process.
(3) Ensure the training of appropriate medical personnel in handling the medical, medical-legal, and psychological aspects of assisting sexual assault victims (see app I ).
(4) Initiate or develop, where appropriate, MOUs/MOAs with nonmilitary medical treatment and medical support activities to ensure adequate response and treatment in the areas of counseling, care for victims, practical training for medical examiners, medical or health care professionals in order to maintain optimal readiness and to ensure the same level of care is provided in CONUS, OCONUS, and remote environments.
(5) Monitor the effectiveness of MOUs and/or MOAs.
(6) Ensure that the availability of victim advocacy services is explained to victims presenting for care.
(7) Maintain the confidentiality of victims' medical information, in accordance with DOD 6025.18-R .
(8) Ensure that healthcare providers and personnel receive training on dealing with victims of sexual assault to include options for confidential reporting (see app I ).
(9) Convey to the command any possible adverse duty impact related to the individuals medical condition or prognosis in accordance with the policy on confidentiality, in accordance with the Health Insurance Portability and Accountability Act (HIPAA).
(10) Support the submission of sexual assault data into the SADMS, in accordance with HIPAA.
(11) Be responsible for overall evaluation and assessment of victim support services provided by MTFs.
(12) Provide a representative with appropriate experience and level of expertise to serve on the SARB.
f. Chief of Chaplain. The CCHs will
(1) Train unit ministry teams in sensitivity to sexual assault victims, dynamics of sexual assault, and basic community information and referral (see app I ).
(2) Provide pastoral and spiritual support to victims of sexual assault, as requested, by the victim.
(3) Explain the availability of victim advocacy services.
(4) Encourage the victim to seek medical attention regardless of whether the victim requires emergency or non-emergency care.
(5) Encourage the victim to seek appropriate assistance and counseling. With the consent of the victim, refer the victim to a qualified individual or an organization that specializes in assisting victims of sexual assault.
(6) Encourage the victim to inform the appropriate law enforcement agency of the incident. Appendix H contains specific information regarding confidentiality and privileged communications.
(7) Maintain confidentiality and privileged communication at the request of the victim.
(8) Report incidents of sexual assault to the SARC when the victim consents. If the assault occurs after normal duty hours, incidents will be reported to the on-call IVA with the victim's consent.
g. Staff judge advocate. The SJA or those personnel under the supervisory authority of the installation SJA will
(1) Ensure the training of legal personnel comply with the standards as prescribed in appendix I .
(2) Explain the availability of victim advocacy services to victims and notify the SARC.
(3) Notify law enforcement of an officially reported sexual assault if they have not been previously notified.
(4) Implement the local Victim Witness Liaison Program and immediately refer the victim to the Victim Witness Liaison for services as prescribed in AR 27-10 .
(5) Minimize events that could bring the victim and the subject(s) into contact with each other (for example, avoid scheduling pre-trial appointments for the victim and subject(s) at the same or adjacent times, and avoid placing the subject(s) and victim in the same court waiting room).
(6) Ensure that victims are informed about the status of the case's legal actions and other pertinent details including courtroom procedures in accordance with Victim Witness Liaison procedures in AR 27-10 , chapter 18.
(7) Advise the victim that his or her testimony and/or participation may be requested in proceedings other than a court-martial or civil trial (for example, pre-trial appointments).
(8) Support the submission of sexual assault data into SADMS.
(9) Provide a representative with appropriate experience and level of expertise to serve on the SARB.
h. The Inspector General. The Inspector General will
(1) Periodically inspect sexual assault prevention, response, and reporting procedures as directed by the directing authority.
(2) Identify noncompliance, analyze significant indicators of deficiencies, and identify responsibility for corrective action.
(3) Report all findings to the directing authority; hand off potential criminal violations to the appropriate agency.
i. Chief, National Guard Bureau, and Chief, U.S. Army Reserve. The CNGB and OCAR will
(1) Develop, implement, and monitor SAPR Program policies and programs in their respective components. The programs may be modified to meet the information management and reporting requirements of respective components. Programs will include assessments to determine the progress made toward the goals of the SAPR Program.
(2) Establish policy and procedural guidelines that comply with the policy on confidentiality.
(3) Ensure policy and procedures are in place for all first responders to contact the SARC at the time the victim comes forward.
(4) Establish requisite staff positions within the organizations and make resources available to adequately implement SAPR Program requirements.
(5) In a deployed environment, ensure that deployable SARCs and UVAs are designated, in writing, and trained to provide assistance.
(6) Establish sexual assault prevention training in units and PME consistent with HQDA policy and command needs.
(7) Select Army Reserve and National Guard personnel to attend SARC and UVA training.
(8) Ensure Soldiers receive pre-mobilization, mobilization, and post deployment mobilization training related to the prevention and response to sexual assault.
(9) Support the submission of sexual assault data into SADMS.
j. Commanding General, U.S. Army Training and Doctrine Command. The CG, TRADOC, will
(1) Develop training for prevention of and response to sexual assault in close coordination with the DCS, G-1, OTJAG, ACSIM, and OTSG.
(2) Develop instruction and associated training materials on prevention of and response to sexual assault for use in the accession/initial-entry-training base, PME courses throughout the Army, proponent schools/functional courses, and units. The preferred method of training should be interactive, small-group oriented, and testable. Interesting, sequential human relations training will be imbedded in all levels of PME.
(3) Ensure that SAPR training programs promote awareness of policy, prevention, roles and responsibilities, service providers, identification of confidential sources, victim advocacy services, reporting, and follow-up.
(4) Develop instruction and associated training materials to ensure military police and CID agents receive initial first responder training during their basic courses and refresher training during subsequent professional development courses taught at the U.S. Army Military Police School.
(5) Develop instruction and associated training materials to ensure CID agents receive advanced sexual assault investigation and sensitivity training in their basic course and refresher training during subsequent professional development courses taught at the U.S. Army Military Police School.
(6) Provide assistance and instructional materials to schools not under the jurisdiction of TRADOC, such as the Army Medical Department Center and School and the Inspector General Course.
(7) Conduct required prevention of and response to sexual assault education and training in TRADOC service schools and training centers.
(8) Evaluate the effectiveness of SAPR training conducted in TRADOC service schools and training centers.
k. Commanders of Army commands, Army service component commands, or direct reporting units The ACOMs, ASCCs, or DRUs commanders will
(1) Ensure SAPR training is conducted annually in accordance with procedures as outlined in this policy.
(2) Develop policy guidance on prevention of sexual assault and treatment of victims.
(3) Monitor the execution of the SAPR Program in all commands, agencies, and activities (including Army Reserve and ARNG units when activated) under their jurisdiction.
(4) Designate a SAPR Program proponent to oversee the ACOM, ASCC, or DRU program, reporting, assessments, statistics, trend analyses, and so forth and to coordinate staff proponents.
(5) Provide personnel and other resources to implement the SAPR Program.
(6) Ensure two UVAs are appointed at Battalion level and equivalent units.
(7) Ensure deployable SARCs are appointed at brigade/unit of action and higher level units.
(8) Ensure deployable SARCs (brigade and higher) and UVAs have received required training prior to performing duties.
(9) Ensure deployable SARCs and battalion UVAs deploy with assigned units.
(10) Ensure SAPR training (for example, risk factors of sexual assault, use of the buddy system) is integrated into predeployment and post-deployment briefings.
(11) Monitor required SAPR training at units.
(12) Inspect and assess SAPR programs under their respective major command.
(13) Conduct periodic assessments of program effectiveness on mission units and identify improvements.
(14) Comply with AR 600-8-8 and appoint same-gender sponsors for first-term Soldiers.
l. Assistant Chief of Staff for Installation Management. ACSIM, through the Installation Management Agency and CFSC will
(1) Design, implement, and manage the SARC and Victim Advocacy Program.
(2) Develop and implement training for SARCs and VAs (see app I ).
(3) Establish and publish an integrated resource directory for the SAPR Program that systemically incorporates medical, legal, chaplaincy, and investigative resources, including civilian resources, as well as installation and community-specific information available to assist victims of sexual assault. The ACSIM will also provide materials (for example, handouts, posters) to identify resources to whom sexual assault may be reported (for example, medical facility, chain of command, chaplain, CID, military police, mental health services, VA, and SJA).
(4) Ensure Service members have access to a well-coordinated, highly responsive Victim Advocacy Program.
(5) Identify resource requirements and prepare budget requests to train installation SARCs, deployable SARCs, IVAs, and UVAs.
(6) Develop installation SARC, deployable SARC, IVA, and UVA training guides that contain protocols and procedures that include appropriate levels of assistance.
(7) Provide SAPR education training to company and higher-level commanders within 45 days of assuming their respective leadership roles.
(8) Provide commanders with information to manage SAPR Programs.
(9) Support the submission of sexual assault data from installation SARCs, deployable SARCs, VAs and UVAs in the SADMS.
(10) Develop same-gender sponsorship guidelines for first-term Soldiers and include in AR 600-8-8 .
m. Senior commanders (senior mission commanders, regional readiness commander, or state Joint Forces Headquarters level commanders). The senior commanders will
(1) Ensure that a sexual assault response capability is available 24 hours per day/7 days per week.
(2) Provide UVAs and SARCs as needed for those Army units smaller than a battalion that are stationed on/near the installations, such as Army explosive ordinance detachments, Army counterintelligence units, and Corps of Engineers elements.
(3) Coordinate with the Family advocacy program manager (FAPM) to ensure that MOUs/MOAs are in place if civilian agencies or other military Services are used as a victim services resource and that the SARC has authority and support to coordinate with appropriate agencies.
(4) Establish an active SARB consistent with appendix F , of this regulation. The senior commander or his/her designated representative, at a minimum, will chair the SARB. Other committee members may be appointed depending on the nature of their responsibilities as they pertain to SAPR. Senior commanders are responsible for maintaining a written summary of the discussions and decisions of each meeting.
(5) Establish written procedures for reporting sexual assaults throughout the chain of command. These procedures must be written in a way so as not to be interpreted by subordinate commanders to mean that allegations must be disposed of in a particular manner that predetermined types or amounts of punishments are appropriate or that adverse action is required in all cases or in a particular case. Authority to dispose of cases that resulted from allegations of sexual assault is withheld to the Battalion commander level and above. A commander authorized to dispose of cases involving an allegation of sexual assault may do so only after receiving the advice of the servicing judge advocate. As with any case, any disposition decision involving an allegation of sexual assault is subject to review by higher level commanders, as appropriate.
(6) Ensure Service members have access to a well-coordinated, highly responsive Victim Advocacy Program.
(7) Provide the safest possible physical and emotional environment on post for all Soldiers, Family members, and other installation residents.
(8) Integrate sexual assault awareness into installation newcomer orientation briefings and provide contact information for all installation level response agencies.
(9) In coordination with FAPM and the Public Affairs Office, conduct media campaigns to ensure Soldiers are aware of the SAPR Program and publicize on- and off-post/non-Army agencies that are available to assist victims.
(10) Publicize installation level information to provide leaders and Soldiers with contact information for all installation level response agencies, to include law enforcement, legal, medical, social services, and others.
(11) Ensure all installation agencies and units comply with the rules of confidentiality (that is, restricted and unrestricted reporting) for Soldiers as stated in appendix H . However, no criminal investigation will be initiated unless originated from another source or the victim elects to come forward via unrestricted reporting.
(12) In accordance with mission requirements, ensure SAPR Program initiatives do not impose artificial restrictions on a selected subgroup of personnel assigned (for example, curfews for women only).
(13) Provide temporary living accommodations for Soldier victims at the victim's request.
(14) Identify sexual assault incident trends and take appropriate measures (that is, increased security patrols, enhanced education and training, enhanced environmental and safety measures) to prevent further sexual assaults.
(15) Comply with AR 600-8-8 and appoint same-gender sponsors for first-term Soldiers.
(16) Provide sexual assault response services for sister Service units that are stationed on/near the installation.
n. Installation provost marshals. The installation provost marshal will
(1) Respond to all incidents of sexual assault reported to law enforcement.
(2) Ensure that law enforcement personnel responding to a sexual assault incident are trained in sensitivity to victims of sexual assault, victim assistance and resources, confidentiality, and related law enforcement investigative responses.
(3) Immediately report incidents of sexual assault to the SARC and escort victims from the crime scene when requested by the victim, their chain of command, or the CID.
(4) Ensure that victims and witnesses are notified of their rights through a completed DD Form 2701 (Victims and Witnesses of Crime). When the installation provost marshal retains investigative authority and responsibility of a sexual assault incident, the victim and witness will be informed on the status of the investigative activity to the extent that such actions will not jeopardize an ongoing investigation.
(5) Follow the procedures of AR 195-5 and AR 190-45 in documenting and reporting all reports of criminal activity.
(6) Support data collection responsibilities of the installation SARCs for sexual assaults to the extent that such actions will not jeopardize an ongoing investigation or the rights of a potential subject in an ongoing investigation.
(7) Seek to establish formal MOU with civilian law enforcement agencies to establish or improve the flow of information between their agencies. MOUs can be used to clarify jurisdictional issues for the investigation of incidents, to define the mechanism whereby local law enforcement reports involving AD Service members will be forwarded to the appropriate law enforcement office, and to foster cooperation and collaboration between the installation law enforcement agency and local civilian agencies.
(8) Ensure that disposition reports by commanders are entered into the Centralized Operations Police Suite and forwarded to the Director, U.S. Army Crime Records Center.
(9) Provide a representative with appropriate experience and level of expertise to serve on the SARB.
(10) Support the submission of sexual assault data into SADMS.
o. Unit commanders. Unit commanders will
(1) Take immediate steps to ensure the victim's physical safety, emotional security, and medical treatment needs are met and that the SARC and appropriate law enforcement/criminal investigative service are notified. See appendix G for additional guidance for commanders responding to a reported sexual assault.
(2) Ensure that the victim or his/her representative consent, in writing, to the release of information to nonofficial parties about the incident and that the victim's status and privacy are protected by limiting information to "need to know" personnel.
(3) Ensure that victims of sexual assault receive sensitive care and support and are not re-victimized as a result of reporting the incident.
(4) Collaborate closely with the SARC, legal, medical, and chaplain offices and other service providers to provide timely, coordinated, and appropriate responses to sexual assault issues and concerns.
(5) Encourage the victim to get a medical examination no matter when the incident occurred.
(6) Report all incidents of sexual assault to CID in accordance with AR 195-1 .
(7) Report sexual assaults to the SARC to ensure victims have access to appropriate assistance and care from the initial time of report to completion of all required treatment.
(8) Report all incidents of sexual assault to the office of the SJA within 24 hours.
(9) Notify the chaplain if the victim desires pastoral counseling or assistance.
(10) Appoint on orders two UVAs per battalion level and equivalent units. Commanders will select qualified officers (CW2/1LT or higher), NCOs (SSG or higher), or DA civilian (GS-9 or higher) for duty as UVAs (see para 8-6 for UVA selection criteria). The first colonel in the chain of command may approve appointing only one UVA for battalions whose small population may not warrant two UVAs. Commanders at all levels may appoint more than the prescribed number of UVAs if this is necessary for very large battalions or units whose geographical dispersion warrants the appointment of more UVAs. Appointment of DA civilian/GS employees to UVA positions may require management to consult with their unions pursuant to their collective bargaining agreement.
(11) Appoint on orders one deployable SARC at each brigade and/or unit of action level and higher echelon (for example, division, corps, and Army component command). Since installation SARCs are civilians/contractors and do not deploy, the deployable SARC will perform all SARC duties in theater. Commanders will select qualified officers (MAJ/CW3 or higher), NCOs (SFC or higher), or DA civilians (GS-11 or higher) for duty as deployable SARC (see para 8-6 for SARC selection criteria). Appointment of DA civilian/GS employees to SARC positions may require management to consult with their unions pursuant to their collective bargaining agreement.
(12) Ensure deployable SARCs (brigade and higher) and UVAs have received required training prior to performing duties.
(13) Ensure deployable SARCs and UVAs deploy with assigned units.
(14) Ensure unit level SAPR Program training is conducted annually and documented on unit training schedules.
(15) Publish contact information of SARCs, IVA, and UVAs, and provide take-away information such as telephone numbers for unit and installation points of contact, booklets, and information on available victim services.
(16) Advertise the SAPR Program through local means to ensure that Soldiers, Army Civilians, Family members, and leaders are aware of the program.
(17) Post written sexual assault policy statements and victim services resource chart on the unit bulletin boards. Statements must include an overview of the command's commitment to the SAPR Program; victim's rights; the definition of sexual assault; available resources to support victims; and specific statements that sexual assault is punishable under the UCMJ and other Federal and local civilian laws and that sexual assault is incompatible with Army values.
(18) Ensure Soldiers receive predeployment and post deployment training related to the prevention and response to sexual assault.
(19) Include emphasis on sexual assault risks, prevention, and response at all holiday safety briefings.
(20) Ensure victims have been offered the services of the SJA's victim witness liaison, advise victims of their rights in accordance with AR 27-10 and make them aware of and encourage them to exercise their options during each phase of the medical, investigative, and legal processes.
(21) When appropriate, consult with the victim on pretrial and charging decisions (as specified in AR 27-10).
(22) As appropriate, refer the victim's Family to available resources (that is, counseling, resources, information, and medical care).
(23) Follow written procedures established by senior commanders for reporting sexual assault through the chain of command.
(24) Determine, in a timely manner, how to best dispose of alleged victim collateral misconduct, to include making the decision to defer the disciplinary actions regarding such misconduct until after the final disposition of the sexual assault case. Commanders and supervisors should take into account the trauma to the victim and respond appropriately so as to encourage reporting of sexual assault and the continued cooperation of the victim.
(25) Determine if an administrative separation of the victim is in the best interests of either the Army or the victim, or both. Regardless of the reason for initiating the separation action, the victim is entitled to a full and fair consideration of her or his military Service and particular situation. It is vital that all such separation actions and all determinations be consistent and appropriate, and be viewed as such. Separation actions are in accordance with AR 600-8-24 and AR 635-200 for enlisted, and appropriate RC regulations.
(26) When initiating an administrative separation on any Soldier, for any reason (voluntary or involuntary), include documentation in the separation packet that positively identifies the Soldier as having been, or not having been, a victim of sexual assault. Unless otherwise directed by AR 635-200 or AR 600-8-24 , this documentation should be in the form of a memorandum, signed by the Soldier or the commander initiating the separation, stating
(a) Whether the Soldier was or was not a victim of sexual assault for which an unrestricted report was filed within the past 24 months.
(b) Whether the Soldier does or does not believe that this separation action is a direct or indirect result of the sexual assault itself or of filing the unrestricted report, if the above is true.
(27) When serving as a Special Court-Martial Convening Authority or GCMCA, review all administrative separation actions involving victims of sexual assault identified in paragraph o (25). Unless otherwise directed by AR 635-200 or AR 600-8-24 , the review must consider the following:
(a) If the separation appears to be in retaliation for the Soldier filing an unrestricted report of sexual assault. If so, consult with the servicing office of the SJA or other legal office.
(b) If the separation involves a medical condition that is related to the sexual assault, to include Post Traumatic Stress Disorder. If so, consult with the appropriate medical personnel.
(c) If the separation is in the best interests of the Army, the Soldier, or both. If not, consult with the servicing SJA.
(d) The status of the case against the alleged offender, and the effect of the Soldier's (victim's) separation on the disposition or prosecution of the case. If the case is still open, consult the servicing CID unit and SJA.
(28) Ensure all appropriate copies of DA Form 4833 (Commander's Report of Disciplinary Or Administrative Action) are provided to the installation provost marshal and USACIDC within established timelines.
(29) Determine the best course of action for separating victims from the subject(s) during the investigation of sexual assault cases. Commanders should ensure that re-victimization does not occur. Commanders should consider the victim's preferences and all relevant facts and circumstances of the case to determine the appropriate course of action to avoid re-victimization. Commanders may consider transferring the victim to another unit, but they should also be aware of and consider the fact that there may be a perception that the victim's transfer from the unit is a result of reporting the incident. Commanders may consider using DD Form 2873 (Military Protective Order (MPO)), referred to as "no contact orders." Military Protective Orders are an effective tool for commanders to maintain the safety of the victims and witnesses. If the victim lives off-post, he or she may obtain a restraining order from the civilian courts.
(30) Ensure feedback on case status is provided to victims of a sexual assault. The battalion commander will update the victim 14 calendar days after the initial report. Thereafter, battalion commanders will ensure, at a minimum, a monthly update is provided to the victim (if report is unrestricted) on the current status of any ongoing investigative, medical, legal, or command proceedings regarding the assault. Monthly updates will continue until the final disposition of the reported assault (that is, the conclusion of any judicial, non-judicial, and administrative actions (including separation) taken in response to the offense, whichever is later in time). Additionally, the battalion commander will follow-up with the victim within 45 days after disposition of the case to ensure the victim's needs have been addressed.
(31) Consider the option of convalescent leave in accordance with AR 600-8-10 based on the recommendation of the victim's healthcare provider.
(32) Flag (suspend favorable personnel actions) any Soldier under charges, restraint, or investigation for sexual assault in accordance with AR 600-8-2 and suspend the Soldier's security clearance in accordance with AR 380-67 . Flags are not removed until disposition of offenses to include completion of punishment.
(33) Add a reminder to rating officials that their comprehensive evaluation includes documenting incidents of misconduct, to include those being found guilty of sexual assault. This may include an appropriate annotation in the narrative and/or the values section of the officer evaluation report/noncommissioned officer evaluation report.
(34) Ensure that Soldiers convicted of sexual assault in foreign, civilian, or military courts are processed for administrative separation. This provision does not apply to Soldiers who have a court-martial sentence that includes a dishonorable discharge, bad conduct discharge, or a dismissal.
(35) Continually assess the command climate through various methods (for example, focus groups, surveys, talking with Soldiers).
(36) Conduct periodic assessments of the SAPR Program for program improvement.
(37) Comply with AR 600-8-8 and appoint same-gender sponsors for first-term Soldiers.
p. Sexual assault response coordinators. The installation SARC is a DA or contract civilian employee who works for the FAPM and reports directly to the senior commander for matters concerning incidents of sexual assault. The SARCs will
(1) Serve as the designated PM of victim support services who coordinates and oversees local implementation and execution of the SAPR Program.
(2) Ensure overall local management of sexual assault awareness, prevention, training, and victim advocacy.
(3) Oversee IVAs and UVAs in the performance of their duties providing victim services.
(4) Ensure victims are properly advised of their options for restricted and unrestricted reporting. Ensure victim acknowledges, in writing, his/her preference for restricted or unrestricted reporting as stated in appendix H . If the victim chooses the restricted reporting option, the victim must acknowledge, in writing, that they understand restricted reporting may limit the ability of the Army to prosecute the assailant and an understanding of why Army policy favors unrestricted reporting.
(a) If the victim chooses the restricted reporting option, ensure the victim is taken to a healthcare provider in lieu of reporting the incident to law enforcement or command.
(b) If the victim chooses the unrestricted reporting option, SARC will immediately notify law enforcement and the healthcare provider.
(c) For the purposes of public safety and command responsibility, the SARC will report information concerning sexual assault incidents, without information that could reasonably lead to personal identification of the victim, to the senior commander within 24 hours of the incident.
(5) With the victim's consent, assign an IVA and/or UVA to assist the victim immediately upon notification of the incident.
(6) Ensure victims of sexual assault receive guidance and emotional support during administrative, medical, investigative, and legal procedures, and that victims understand the processes involved. Data will be collected, reported, and maintained on cases involving victims, subjects, and IVAs and/or UVAs assigned to the case.
(7) Ensure all unrestricted reported incidents of sexual assault are reported to the first lieutenant colonel in the chain of command, CID, military police, and the installation provost marshal within 24 hours of receipt.
(8) Ensure that nonidentifying personal information/details related to a restricted report of a sexual assault is provided to the senior commander within 24 hours of occurrence. This information may include: rank, gender, age, race, service component, status, and time and/or location. Ensure that information is disclosed in a manner that preserves a victim's anonymity. Careful consideration of which details to include is of particular significance at installations or other locations where there are a limited number of minority females or female officers assigned.
(9) Work with the local installation public affairs officer to ensure that the installation is informed on programs and services.
(10) Maintain liaison with the provost marshal/CID, medical and legal services, and commanders to facilitate immediate response and accurate reporting of sexual assault incidents.
(11) Track, at a minimum, what subordinate units require UVAs and deployable SARCs, a roster of those UVAs and deployable SARCs, status of their training, and rotation dates (that is, PCS and ETS).
(12) Publish a monthly on-call roster for all VAs assigned to the installation. On-call roster will be provided the month prior to the month of on-call duty.
(13) Ensure that sexual assault prevention, education, and victim advocacy services are available for all service members both on and off post by providing essential coordination.
(14) Conduct senior leader training at installation level to increase awareness of sexual assault issues, high-risk behavior, and victim assistance programs (for example, off post rape crisis centers).
(15) Provide take-away information such as booklets and telephone numbers for installation points of contact (for example, SARC, VA, and UVA).
(16) Receive AT on sexual assault subjects (for example, crisis intervention and response to sexual assault) focused on enhancing the installation's SAPR Program.
(17) Ensure that SARB participants receive appropriate case management training consistent with DOD requirements.
(18) Assist commanders in meeting annual SAPR training requirements, including newcomer and orientation briefings.
(19) Train UVAs and deployable SARCs, ensuring training is conducted using military and civilian subject matter experts and material as appropriate. Deployable SARCs are Soldiers assigned at brigade/unit of action and higher levels of command that will assume the duties of the SARC during deployments.
(20) Ensure that data on sexual assault incidents is received from the responding agencies (that is, SJA, healthcare providers, military police/CID) and reported in SADMS.
(21) Collect, record, and maintain data and statistics as directed by the Director, SAPR Program. Ensure that all sexual assault information (for example, program information, disposition status of cases) is reported to the Director, SAPR Program.
(22) Maintain case file for 5 years.
(23) Track services provided to victims of sexual assault from initial report of sexual assault through disposition and resolution of the victim's health and well-being.
(24) Evaluate the effectiveness of prevention programs and advocacy services (for example, how the response team functions, how the victim feels about the system response and treatment received, and risk factor identification).
(25) Serve as a permanent member on the installation SARB.
q. Deployable sexual assault response coordinators. Deployable SARCs are Soldiers appointed on orders assigned at brigade/unit of action and higher levels of command who are designated and trained to assume the duties of the SARC during deployments. The deployable SARC will be an NCO (SFC or higher), officer (MAJ/CW3 or higher), or civilian (GS-11 or above) and should be prepared to assume the executive agent role for coordinating sexual assault response at a level commensurate with the level of command to which they are assigned (that is, brigade/unit of action through theater of operation). The deployable SARC will
(1) Ensure overall management of sexual assault awareness, prevention, training, and victim advocacy.
(2) Serve as the designated PM of victim support services who coordinates and oversees implementation and execution of the SAPR Program.
(3) Be trained by the installation SARC prior to assuming duty. Brigade or higher SARC must maintain a liaison with the installation SARC in garrison so that they understand the installation's process and procedure for providing services.
(4) Advise the victim on their options for restricted and unrestricted reporting. Ensure victim acknowledges, in writing, their preference for restricted or unrestricted reporting. If the victim chooses the restricted reporting option, the victim must acknowledge in writing that they understand restricted reporting may limit the ability of the Army to prosecute the assailant and an understanding of why Army policy favors unrestricted reporting.
(a) If the victim chooses the restricted reported option, ensure the victim is taken to a healthcare provider in lieu of reporting the incident to law enforcement or chain of command.
(b) If the victim chooses the unrestricted reporting option, SARC will immediately notify law enforcement and the healthcare provider.
(c) For the purposes of public safety and command responsibility, the SARC will report information concerning sexual assault incidents, without information that could reasonably lead to personal identification of the victim, to the senior commander within 24 hours of the incident.
(5) Assign a UVA to assist the victim immediately upon notification of the incident.
(6) Oversee UVAs in the performance of their UVA duties.
(7) Ensure victims of sexual assault receive guidance and emotional support during administrative, medical, investigative, and legal procedures, and that victims understand the processes involved.
(8) Maintain liaison with the provost marshal/CID, medical and legal services, and commanders to facilitate immediate response and accurate reporting of sexual assault incidents.
(9) Ensure all unrestricted reported incidents of sexual assault are reported to the first LTC in the chain of command, CID, military police, and the installation provost marshal within 24 hours of receipt.
(10) Ensure all sexual assault information (for example, program information, case disposition status) is reported to the theater of operations senior mission commander or designated representative.
(11) Conduct senior leader training to increase awareness of sexual assault issues and high-risk behavior.
(12) Track and maintain a roster of what subordinate units require UVAs and deployable SARCs, status of their training, and rotation dates (that is, PCS and ETS).
(13) Publish and maintain an on-call roster of trained UVAs available to assist victims of sexual assault.
(14) Ensure that data on sexual assault incidents is received from the responding agencies (that is, SJA, healthcare providers, military police/CID, and UVAs) and reported in SADMS.
(15) Turn over case files to installation SARC upon redeployment.
(16) Track services provided to victims of sexual assault from initial report of sexual assault through disposition and resolution of the victim's health and Well-being.
(17) Maintain case management information on incidents of sexual assault and ensure a smooth transition, with the installation SARC, of all cases not completed prior to redeployment.
(18) Train UVAs in a deployed environment.
(19) Serve as a permanent member on the SARB.
r. Installation victim advocates. The IVAs are DA civilian or contract employees trained to provide advocacy services to victims of sexual assault. The IVA reports directly to the SARC for sexual assault cases. At locations where the FAPM performs SARC duties, the IVA will report directly to the FAPM. The IVA will
(1) Establish contact with each victim who alleges that an act of sexual assault occurred, if the victim is receptive to such contact.
(2) Advise the victim on their options for restricted and unrestricted reporting when assigned a sexual assault case by the SARC; ensure victim acknowledges in writing their preference for restricted or unrestricted reporting. (If the victim chooses the restricted reporting option, the victim must acknowledge in writing that they understand restricted reporting may limit the ability of the Army to prosecute the assailant and an understanding of why Army policy favors unrestricted reporting.)
(a) If the victim chooses the restricted reporting option, the IVA will ensure the victim is taken to a healthcare provider in lieu of reporting the incident to law enforcement or command.
(b) If the victim chooses the unrestricted reporting option, the IVA will immediately notify law enforcement and the healthcare provider.
(c) For the purposes of public safety and command responsibility, the IVA will provide information to the SARC, who will in turn report the sexual assault, without information that could reasonably lead to personal identification of the victim, to the senior commander within 24 hours of the incident.
(3) Be knowledgeable about services available to sexual assault victims on the installation as well as in the surrounding community. The IVA will maintain contact with agencies that provide such services, being knowledgeable of the location, telephone number, confidentiality policies and procedures for accessing service at these agencies.
(4) Provide crisis intervention, referral, and ongoing emotional support to the sexual assault victims. Services will be non-clinical in nature. The victim has the right to independently determine whether to accept the offer of IVA services. The IVA must be sensitive to the needs of each victim and tailor services to meet those needs.
(5) Provide initial information to victims on their rights, to include the right to refuse services and explain the scope and limitations of IVAs role as an advocate.
(6) Accompany the victim during investigative interviews and medical examinations, unless the victim chooses not to use the IVAs services. The IVA will not make decisions for the victim, speak for the victim, or interfere with the legitimate operations of medical, investigative, and judicial processes.
(7) Coordinate activities with the SARC and, as needed, with the UVA, on a need-to-know basis, to ensure the best services are provided to victims and to avoid duplication of services.
(8) Provide information on sexual assault issues and victims status to the SARC at an interval determined by the SARC or more frequently if the situation warrants.
(9) Provide on-call services after normal duty hours to victims of sexual assault as needed. The SARC must be fully informed within 2 hours of the start of the next day of all activities that occurred during the on-call duty period.
(10) Provide education and training on the subject of sexual assault to UVAs and other Soldiers as required.
(11) Complete required reports on incidents of sexual assault, to include referrals to victim services. Provide sexual assault reports to the SARC for submission into SADMS.
(12) Safeguard documents in their possession and all information pertaining to victims of sexual assault always being mindful of the victims' right to confidentiality.
(13) Attend ongoing training, as required or recommended by the SARC.
(14) Assist the UVA on performance of their duties as directed by the SARC.
s. Unit victim advocates. The UVA is one of two Soldiers/civilians who is appointed on orders by each battalion-level commander and trained to perform collateral duties in support of victims of sexual assault, particularly in deployed environments. UVAs are supervised in the performance of their duties by the SARC. The UVA will be an NCO (SSG or higher), officer (1LT/CW2 or higher), or civilian (GS-9 or higher). The UVAs will
(1) When assigned by the SARC, provide crisis intervention, referral, and ongoing non-clinical support to the sexual assault victim. In the case of multiple victims, each victim should have a VA (IVA or UVA). The victim alone will decide whether to accept the offer of victim advocacy services.
(2) Report to and coordinate directly with the SARC or designated IVA when assigned to assist a victim of sexual assault.
(3) Meet standards for selection and attend annual and ongoing training.
(4) Inform victims of their options for restricted and unrestricted reporting, and explain the scope and limitations of the UVA's role as an advocate. If the victim chooses the restricted reporting option, the victim must acknowledge, in writing, that they understand restricted reporting may limit the ability of the Army to prosecute the assailant and an understanding of why Army policy favors unrestricted reporting.
(a) If the victim chooses the restricted reporting option, ensure the victim is taken to a healthcare provider in lieu of reporting the incident to law enforcement or chain of command.
(b) If the victim chooses the unrestricted reporting option, UVA will immediately notify law enforcement and the healthcare provider.
(c) For the purposes of public safety and command responsibility, the UVA will provide information to the SARC/deployable SARC who will in turn report the sexual assault, without information that could reasonably lead to personal identification of the victim, to the senior commander within 24 hours of the incident.
(5) Inform victims of the options to use service providers (for example, medical, legal, and chaplain) and resources available to victims.
(6) Provide support to the victim throughout the medical, investigative, and judicial process; however, a victim may opt to seek assistance without the presence or assistance of the UVA. The UVA will exercise sensitivity with regard to the victim at all times, but will not counsel the victim. The UVA will accompany the victim, at the victim's request, during investigative interviews and medical examinations. The UVA's mission is to support, assist, and guide the victim through the process. The UVA is not to make decisions for the victim, speak for the victim, or interfere with the legitimate operations of medical, investigative, and judicial processes.
(7) Safeguard documents in their possession pertaining to sexual assault incidents and protect information that is case related.
(8) Complete a report on sexual assault as prescribed by the SARC.
(9) UVAs assigned to CID elements will not be detailed to perform VA support outside of CID units.
(10) UVAs assigned to military police units and DOD police assigned to the installation provost marshals office will not be detailed to perform VA support outside of military police units.
Because of the sensitivity and complexity of working with sexual assault victims, the deployable SARC and UVA must be carefully selected. These Soldiers are likely to become involved in highly charged, emotionally stressful situations in assisting victims of sexual assault. As a result, all candidates must be properly screened and complete training in responding appropriately to victims of sexual assault. Deployable SARCs and UVAs will be selected in accordance with the following requirements:
a. Be recommended by the chain of command. The first LTC or battalion level equivalent or higher commander will approve the recommendation and sign the appointment orders.
b. Be deployable.
c. Be able to respond to a sexual assault incident at anytime when on call.
d. Have outstanding duty performance, as evidenced by a review of the individual's evaluation reports.
e. Demonstrate stability in personal affairs. Soldier will not have a history of domestic violence or severe personal problems, including significant indebtedness, excessive use of alcohol, or any use of illegal drugs.
f. Be required to obtain a waiver from HQDA in instances where individuals have withdrawn from the Human Reliability or Personal Reliability Program during the 2 years preceding the nomination.
g. Must not have been punished under the provisions of the UCMJ during the 5 years preceding the nomination.
h. Must be deployable with a minimum of 1 year retainability in the unit (for short tour areas, UVA must have a minimum of 6 months retainability in the unit). This requirement is non-waiverable.
i. The deployable SARC will be an NCO (SFC or higher), officer (MAJ/CW3 or higher), or civilian (GS-11 or higher).
j. The UVA will be an NCO (SSG or higher), officer (1LT/CW2 or higher), or civilian (GS-9 or higher).
k. Must be appointed on orders to the collateral duty of UVA\deployable SARC.
l. Must be available to attend the SARB, as required.
m. Must complete continuing education requirements on an annual basis. Following selection, UVAs and/or deployable SARCs must successfully complete required training as a UVA and/or deployable SARC prior to assuming responsibility within the unit.
The objective of SAPR training is to eliminate incidents of sexual assault through a comprehensive program that focuses on awareness and prevention, education, victim advocacy, reporting, response, and follow up. There are four categories of training for the SAPR Program. This includes PME training, unit level training, predeployment training, and responder training.
a. Professional military education. The PME training is progressive and sequential and includes the following areas:
(1) Initial entry training.
(2) Pre-commissioning/basic officer leadership instruction-I to include ROTC and Junior ROTC.
(3) Basic officer leadership instruction II, Warrant Officer Basic Course, Primary Leadership Development Course.
(4) Captain's Career Course, Warrant Officer Advanced Course, and Basic Noncommissioned Officer Course.
(5) General officer training, Army War College, PCC, Warrant Officer Senior Course, Sergeants Major Course, and First Sergeant (1SG) Course.
(6) Drill sergeant and recruiter training.
b. Unit level training. All Soldiers will attend and participate in unit level SAPR training annually. Training will be scenario based, using real life situations to demonstrate the entire cycle of reporting, response, and accountability procedures. Training should be inclusive of audience and group participation.
(1) The commander will incorporate sexual assault prevention training into the overall unit training plan. Commanders should annotate sexual assault prevention training on the unit training schedule. The training will be based on Army values to promote respect and dignity and to reinforce the Army's commitment to the Warrior Ethos. The chain of command and other leaders (commander, CSM, SGM, 1SG, civilian supervisors, and others) will be present and participate in unit sexual assault sessions.
(2) SAPR Program training is not an extension of sexual harassment training. Trainers should clarify the differences between harassment and assault and identify those dynamics that are unique to sexual assault.
(3) Persons conducting training must use formal training packages on the SAPR Program. Critical points to stress during unit training includes the following:
(a) The Army's policy on sexual assault.
(b) Definitions and examples of sexual assault (use definitions in para 8-4 of this document).
(c) Resources to assist victims of sexual assault.
(d) Sexual assault prevention and the appropriate responses.
(e) Chain of command responsibilities for enforcing the Army's policy on sexual assault.
(f) Risk factors and issues in the unit setting including deployed environments.
(g) Timely reporting of sexual assault.
(h) Privileged and confidential communications (restricted and unrestricted reporting).
(i) Victim rights.
(j) Potential first responder points of contact to initiate victim assistance include reporting a sexual assault incident to the following (asterisk indicates agencies with whom victims can initiate a restricted report):
(1) Medical services.*
(2) Law enforcement.
(4) Chain of command.
(5) Legal services.
(6) Family Advocacy Program.
(7) Equal opportunity advisor and/or program manager.
(8) Sexual assault response coordinator.*
(9) Installation or unit victim advocate.*
c. Predeployment training. Predeployment training will incorporate information on SAPR. As part of predeployment training, Soldiers will be presented with information to increase awareness of the customs of the host country and any coalition partners, in an effort to help prevent further sexual assaults outside of CONUS. This presentation will
(1) Ensure that Soldiers who deploy to locations outside the United States are cognizant of sexual assault issues, as well as DOD and specific Army policies about sexual assault prevention, prosecution of offenders, and the care of victims. This training will include risk reduction factors that are tailored to the specific deployment locations.
(2) Focus on the specific foreign countries or areas anticipated for deployment. It will include customs, mores and religious practices, and a brief history of the foreign countries or areas. The cultural customs and mores of coalition partners will also be addressed.
(3) Address procedures for reporting a sexual assault to ensure that Service members are aware of the full range of options available and have knowledge of location and contact information for response agencies in the deployed theater.
(4) Identify support systems that will be available during the deployment, to include chain of command, UVAs, deployable SARCs, healthcare providers, CID/military police, SJA, and chaplains.
d. Post-deployment training. Commanders will ensure Service members receive SAPR unit refresher training during reintegration activities.
e. Responder training. Primary responders to sexual assault incidents will receive the same baseline training throughout the DOD, to ensure that any Service member who is assaulted will receive the same level of response regardless of Service component. Training should emphasize coordinating victim support services as a team effort and to be effective all the team members must be allowed to do their job and must understand the role of the others on the team. Each responsible first responder agency listed below will implement DOD's baseline training standards (see app I for minimum baseline training standards):
(1) Healthcare (responsible agency MEDCOM).
(2) Law enforcement and criminal investigators (responsible agency TRADOC).
(3) Judge advocate general officers (responsible agency OTJAG).
(4) Chaplains (responsible agency Office of the Chief of Chaplains (OCCH)).
(5) Sexual assault response coordinators (responsible agency ACSIM and/or CFSC).
(6) Installation and UVAs (responsible agency ACSIM and/or CFSC).
DOD regulations, directives, and instructions are available on the Web at http://www.dtic.mil/whs/directives/ ; the Manual for Courts-Martial is available at http://www.au.af.mil/au/awc/awcgate/law/mcm.pdf .
A related publication is a source of additional information. The user does not have to read it to understand this regulation. USCs are available at http://www.gpoaccess.gov/uscode ; the Uniform Code of Military Justice is available at http://www.au.af.mil/au/awc/awcgate/ucmj.htm ; and National Guard regulations are available at http://www.ngbpdc.ngb.army.mil/pubfiles .
Unless otherwise indicated, DA forms are available on the Army Publishing Directorate (APD) Web site ( http://www.apd.army.mil ).
Unless otherwise indicated, DA Forms are available on the Army Publishing Directorate Web site ( http://www.apd.army.mil ); DD Forms are available on the Office of the Secretary of Defense (OSD) Web site http://www.dtic.mil/whs/directives/infomgt/forms/index.htm ).
This appendix gives specific guidance on those political activities that are permitted or prohibited.
B-2. Examples of permissible political activity
A Soldier on AD may
a. Register, vote, and express a personal opinion on political candidates and issues, as a private citizen, but not as a representative of the Armed Forces.
b. Promote and encourage other Soldiers to exercise their voting franchise, if such promotion does not constitute an attempt to influence or interfere with the outcome of an election.
c. Join a political club and attend its meetings when not in uniform.
d. Serve as an election official, if such service is not as a representative of a partisan political party, does not interfere with military duties, is performed while out of uniform, and has the prior approval of the Secretary of the Army.
e. Sign a petition for specific legislative action or a petition to place a candidate's name on an official election ballot, if the signing does not obligate the Soldier to engage in partisan political activity and is done as a private citizen and not as a representative of the Armed Forces.
f. Write a letter to the editor of a newspaper expressing the Soldier's personal views on public issues or political candidates, if such action is not part of an organized letter-writing campaign or concerted solicitation of votes for or against a political party or partisan political cause or candidate.
g. Make monetary contributions to a political organization, party, or committee favoring a particular candidate or slate of candidates, subject to the limitations under 2 USC 441a and 18 USC 607.
h. Display a political sticker on the Soldier's private vehicle.
B-3. Examples of prohibited political activities
According to the statutory restrictions in 10 USC 973(b) and the policies established in section d of DODD 1344.10 and implemented in chapter 5 of this regulation, a Soldier on AD will not
a. Use official authority or influence to interfere with an election, affect the course or outcome of an election, solicit votes for a particular candidate or issue, or require or solicit political contributions from others.
b. Be a candidate for civil office in Federal, state, or local Government, except as authorized in this regulation, or engage in public or organized soliciting of others to become partisan candidates for nomination or election to civil office.
c. Participate in partisan political management or campaigns or make public speeches in the course thereof.
d. Make a campaign contribution to another member of the Armed Forces or to a civilian officer or employee of the United States for promoting a political objective or cause.
e. Solicit or receive a campaign contribution from another member of the Armed Forces or from a civilian officer or employee of the United States for promoting a political objective or cause.
f. Allow or cause to be published partisan political articles signed or written by the Soldier that solicit votes for or against a partisan political party or candidate.
g. Serve in any official capacity or be listed as a sponsor of a partisan political club.
h. Speak before a partisan political gathering of any kind for promoting a partisan political party or candidate.
i. Participate in any radio, television, or other program or group discussion as an advocate of a partisan political party or candidate.
j. Conduct a political opinion survey under the auspices of a partisan political group, or distribute partisan political literature.
k. Use contemptuous words against the officeholders described in 10 USC 888.
l. Perform clerical or other duties for a partisan political committee during a campaign or on an election day.
m. Solicit or otherwise engage in fund raising activities in Federal offices or facilities, including military reservations, for a partisan political cause or candidate.
n. March or ride in a partisan political parade.
o. Display a large political sign, banner, or poster (as distinguished from a bumper sticker) on the top or side of a private vehicle.
p. Participate in any organized effort to provide voters with transportation to the polls if the effort is organized by, or associated with, a partisan political party or candidate.
q. Sell tickets for, or otherwise actively promote, political dinners and similar fund-raising events.
r. Attend partisan political events as an official representative of the Armed Forces.
B-4. Political activities not expressly permitted or prohibited
Some activities not expressly prohibited may be contrary to the spirit and intent of this policy. In determining whether an activity violates the traditional concept that military personnel should not engage in partisan political activity, rules of reason and common sense will apply. Any activity that could be viewed as associating the Department of the Army directly or indirectly with a partisan political cause or candidate will be avoided.
B-5. Local nonpartisan political activities
This policy does not preclude participation in local nonpartisan political campaigns, initiatives, or referendums. A Soldier taking part in local nonpartisan political activity, however, will not
a. Wear a uniform or use any Government property or facilities while participating.
b. Allow participation to interfere with, or prejudice, the Soldier's performance of military duties.
c. Engage in conduct that in any way may imply that the Department of the Army has taken an official position on, or is otherwise involved in, the local political campaign or issue.
B-6. U.S. Army Reserve and Army National Guard Soldiers on active duty tours
The RC Soldiers on AD tour regardless of length engaging in permissible political activity will
a. Give full time and attention to the performance of military duties during prescribed duty hours.
b. Avoid any outside activities that may be prejudicial to the performance of military duties or are likely to bring discredit upon the U.S. Army.
c. Refrain from participating in any political activity while in military uniform, as proscribed by AR 670-1 , or using Government facilities or resources.
C-1. Entering the complaints processing system
The EO complaints processing system addresses complaints that allege unlawful discrimination or unfair treatment on the basis of race, color, religion, gender, and national origin. Attempts should always be made to solve the problem at the lowest possible level within an organization. Complaints by civilian personnel alleging discrimination should be handled in accordance with the procedures contained in AR 690-600 , or as described in DOD and Department of the Army policy implementing 10 USC 1561, or as provided for in any applicable collective bargaining agreement.
a. Informal complaint.
(1) An informal complaint is any complaint that a Soldier or Family member does not wish to file in writing. Informal complaints may be resolved directly by the individual, with the help of another unit member, the commander or other person in the complainant's chain of command. Typically, those issues that can be taken care of informally can be resolved through discussion, problem identification, and clarification of the issues. An informal complaint is not subject to time suspense. Accumulative numbers may be reported to ACOMs, ASCCs, and/or DRUs per their request on all informal complaints resolved through commander's inquiry and/or AR 15-6 investigating officer. It is recommended that anyone working on the resolution of informal complaints should prepare a memorandum of record. The memorandum of record should include information indicating nature of complaint and identifying pertinent information to assist in the identification of unit's command climate.
(2) Although the processing of EO complaints through the unit chain of command is strongly encouraged, it will not serve as the only channel available to Soldiers to resolve complaints. Should the complainant feel uncomfortable in filing a complaint with his/her unit chain of command, or should the complaint be against a member of that chain of command, a number of alternative agencies exist through which the issues may be identified for resolution. Each of these agencies provides expertise in very specific subject areas. Commanders will not preclude Soldiers from using these channels in accordance with the procedures inherent/established by these agencies:
(a) Someone in a higher echelon of the complainant's chain of command.
(b) Inspector General.
(d) Provost Marshal.
(e) Medical agency personnel.
(f) Staff judge advocate.
(g) Chief, Community Housing Referral and Relocation Services Office.
(3) In some informal complaints, the person or agency receiving the complaint may be able to resolve the issue while maintaining the confidentiality of the complainant, as in the case of the chaplain or a lawyer. While maintenance of confidentiality should be attempted, it will neither be guaranteed nor promised to the complainant by agencies other than the chaplain or a lawyer.
(4) Initial actions by these alternative agencies are the same for informal and formal complaints. Any alternative agency that receives an informal complaint of unlawful discrimination or sexual harassment has the obligation to talk with the complainant. The agency should advise the complainant of his/her rights and responsibilities; listen to the complainant and find out as much information as possible concerning the complaint (including what the reasons are behind the complaint and why the individual is using the alternative agency opposed to his or her chain of command); tell the complainant what role that agency has (for example, direct action on behalf of the complainant, information gathering, or referral to another agency or the commander for their action); what support services are available from other organizations that may help resolve the issues; explain the complaint system (principally, the differences between informal and formal complaints); and, then attempt to assure resolution of the issue (through mediation, intervention, counseling, and training).
(5) The commander must eliminate underlying causes of all complaints. More members of the unit, other than complainant and subject, are affected by complaints, especially those that go unresolved.
b. Formal complaint.
(1) A formal complaint is one that a complainant files in writing and swears to the accuracy of the information. Formal complaints require specific actions, are subject to timelines, and require documentation of the actions taken.
(2) An individual files a formal complaint using a DA Form 7279 (Equal Opportunity Complaint Form).
(3) In Part I of DA Form 7279, the complainant will specify the alleged concern, provide the names of the parties involved and witnesses, describe the incident(s)/behavior(s), and indicate the date(s) of the occurrence(s). For EO complaints, the complainant will also state the EO basis of the complaint (for example, unlawful discrimination based upon race, color, religion, gender, or national origin. Complainant will be advised of the importance of describing the incident(s) in as much detail as possible to assist in the investigative process).
(4) The block entitled, "Requested Remedy" serves a variety of purposes for both the complainant and the command. The information in this block can vary in terms of the complainant's expectations of the investigative process and his or her reasonableness and credibility. If expectations that are not likely to be met come to the surface, they should be dispelled by the receiving agency (during acceptance of the complaint) through an explanation of the process and the possible outcomes. If the complainant's response is vindictive, vengeful, or malicious, and seems extreme in light of the events or circumstances, this may be helpful to the commander or investigating officer in terms of motive and believability.
(5) Soldiers have 60 calendar days from the date of the alleged incident in which to file a formal complaint. This time limit is established to set reasonable parameters for the inquiry or investigation and resolution of complaints, to include ensuring the availability of witnesses, accurate recollection of events, and timely remedial action. If a complaint is received after 60 calendar days, the commander may conduct an investigation into the allegations or appoint an investigating officer according to paragraph 5. In deciding whether to conduct an investigation, the commander should consider the reason for the delay, the availability of witnesses, and whether a full and fair inquiry or investigation can be conducted.
(6) The complainant should file his or her complaint with the commander at the lowest echelon of command at which the complainant may be assured of receiving a thorough, expeditious, and unbiased investigation of the allegations. Depending on the various aspects of the complaint and individuals involved, that lowest level commander may not be the immediate company or even battalion level commander of the complainant.
C-2. Actions of alternative agencies
The agencies listed in this appendix also serve as alternative avenues available to Soldiers for registering formal EO complaints. Initial actions by these alternative agencies are the same for informal and formal complaints. Upon receipt of a formal EO complaint of unlawful discrimination or sexual harassment, the alternative agency has the obligation to talk with the complainant, advise him/her of his/her rights and responsibilities, find out as much information as possible concerning the complaint (including what the reasons were for using the alternative agency and what the complainant's expectations might be for resolution of the complaint). The agency should also tell the complainant what role that agency has (action, information gathering, or referral to another agency or the commander for their action), what support services are available from other organizations, what the complaint processing procedures are (principally, the differences between informal and formal complaints) and what will be done with the individual's complaint. Receipt of formal complaints by any alternative agency (except Inspector General) will be annotated in writing on the DA Form 7279 , Part I, item 9. If the alternative agency decides not to do an inquiry or conduct its own investigation and decides to refer the complaint to another agency or to the appropriate commander for their investigation, that referral must be made within 3 calendar days (at the next multiple unit training assembly (MUTA) 4 or other regularly scheduled training for Army Reserve TPU Soldiers). For the purposes of receiving EO complaints, any commissioned officer is authorized to administer oaths and should do so in block 9a, DA Form 7279, prior to referring the complaint to the appropriate commander. The commander or agency receiving the referral will acknowledge receipt of the complaint in writing (DA Form 7279, Part I, item 11). In cases where the complaint is best resolved by the chain of command, the alternative agency refers the complaint to the commander at the lowest echelon of command at which the complainant may be assured of receiving a thorough, expeditious, and unbiased investigation of the allegations.
a. If during the course of an inquiry or investigation the receiving agency or commander identifies criminal activity, the complaint will be immediately referred to the proper agency (Provost Marshal or CID) for investigation. Refer to chapter 8 of this regulation for incidents of sexual assault.
b. Allegations of unlawful discrimination in housing, both on and off post, will be referred to the housing division for processing under the provisions of AR 420-1 .
c. If a complaint is filed against a promotable colonel, an active or retired general officer, inspectors general of any component, members of the Senior Executive Service, or Executive Schedule personnel, the allegation will be transferred directly to the Investigations Division, U.S. Army Inspector General Agency (SAIG-IN), Pentagon, Washington, DC 20310-1700 by rapid but confidential means within 5 calendar days of receipt.
C-3. Complaints filed with the Inspector General
a. Complaints filed with the Inspector General will be processed as inspector general action requests, according to AR 20-1 , rather than under the procedures outlined in this regulation. As such, no timelines will be imposed on the conduct of the investigation and/or on feedback to the complainant, and DA Form 7279 will not be maintained.
b. Inspector General investigations are confidential and protected from unauthorized disclosure. They will include consultations with persons or activities as deemed appropriate by the Inspector General.
c. Receipt of the complaint will be acknowledged to the complainant and an estimated completion date provided. If the action is not completed by that date, the complainant will be notified and given a new estimated completion date.
C-4. Actions of the commander upon receipt of complaint
a. Upon receipt of a complaint, the commander is required to identify and rectify sexual harassment and the five factors of unlawful discrimination, to include race, color, gender, religion and national origin. The commander will ensure that the complainant has been sworn to the complaint ( DA Form 7279 , block 9). If not, the commander will administer the oath and annotate it on the complaint form. The commander will fill out block 11 acknowledging receipt of the complaint form. All formal complaints will be reported within 3 calendar days to the first General Courts-Martial Convening Authority (GCMCA) in the chain of command. Additionally, the commander will provide a progress report to the GCMCA authority 21 days after the date on which the investigation commenced and 14 days thereafter until completion.
b. The commander will either conduct an investigation personally or immediately appoint an investigating officer according to the provisions of AR 15-6 . Depending on the magnitude of the complaint, the commander may deem it necessary to ask the next SC in the chain of command to appoint the investigating officer.
c. The commander will establish and implement a plan to protect the complainant, any named witnesses, and the subject from acts of reprisal. The plan will include, as a minimum, specified meetings and discussions with the complainant, subject, named witnesses, and selected members of the chain of command and coworkers.
(1) Content of the discussions with the above named individuals will include the definition of reprisal with examples of such behavior; the Army's policy prohibiting reprisal; the complainant's rights and extent of whistleblower protection afforded complainants, witnesses, and the subject under DODD 7050.6 ; encouragement to all the aforementioned individuals to report incidents and/or threats of reprisal; the procedures to report acts and/or threats of reprisal; the consequences of reprisal; possible sanctions against violators; a reminder of the roles and responsibilities of the leadership in the prevention of reprisal and protection of all parties involved; the command's support of a thorough, expeditious and unbiased investigation and good faith in attempting to resolve the complaint; and the need to treat all parties in a professional manner both during and following the conduct of the investigation.
(2) Discretion will be used to determine the extent of information provided and the numbers of personnel addressed in the discussions with the chain of command and coworkers. Investigating officers will treat all those they interview professionally and courteously and will limit their discussion to only those issues relating to the specific complaint.
(3) To prevent the plan from becoming an administrative burden, the plan need only consist of a one-page list (in bullet format) of actions to be accomplished. The commander will annotate the names of the personnel addressed and initial and date the actions as they are completed. The commander will provide a copy of the completed plan to the investigating officer and the EOA. The investigating officer will include the commander's plan to prevent reprisal as an exhibit in the investigative findings. The EOA will retain a copy of the commander's plan to prevent reprisal with the completed case file and use the plan to conduct follow-up assessment of the complaint.
C-5. Timeliness of action
Rapid resolution of EO complaints is in the best interest of both the complainant and the command. Commanders receiving a complaint involving Army Reserve or ARNG Soldiers on AD will make every attempt to resolve the complaint prior to the completion of the Soldiers' AD tour. If necessary, the ARNG Soldiers will remain on AD until the final resolution of the complaint. After receipt of the complaint, the commander to whom the complaint was given has 14 calendar days (or three MUTA 4 drill periods for Army Reserve TPU Soldiers) in which to conduct an investigation, either personally or through appointment of an investigating officer. If the complaint was referred to the commander from an alternate agency, or if the commander refers the complaint to an alternate agency, the 14 calendar days begins from the date the complaint was referred. If, due to extenuating circumstances, it becomes impossible to conduct a complete investigation within the 14 calendar days allowed (or three MUTA 4 drill periods for Army Reserve TPU Soldiers, that commander may obtain an extension from the next higher commander for usually not more than 30 calendar days (or two MUTA 4 drill periods for Army Reserve TPU Soldiers. After the initial 14-day suspense, all requests for extension must be requested in writing from the next higher echelon commander. Upon receipt of an extension, the commander must inform the complainant of the extension, its duration, and the reasons for which it was requested. Any additional extensions must be approved in writing by the first general officer in the chain of command. Failure to adhere to prescribed timelines will result in automatic referral of the complaint to the next higher echelon commander for investigation and resolution.
C-6. Conduct of the investigation
a. Investigation. The purpose of any investigation of unlawful discrimination or sexual harassment is to determine to the maximum extent possible what actually occurred, to assess the validity of allegations made by the complainant, to advise the commander of any leadership or management concerns that might contribute to perceptions of unlawful discrimination and poor unit command climate, and to recommend appropriate corrective actions. The commanding officer is responsible for ensuring the investigation is complete, thorough, and unbiased.
b. Initial actions. The commander who acts as the appointing authority will provide the investigating officer a copy of orders assigning him or her as the investigating officer and the initiated DA Form 7279 , which identifies the complainant and lists the allegations to be investigated. The investigating officer will review AR 15-6 and AR 600-20 to review procedures applicable to the conduct of the investigation. Should the commander elect to investigate the allegations themselves, the procedures for investigating officer apply to the commander.
c. Legal advice. The investigating officer will meet with the servicing SJA or legal advisor to review how the conduct of the investigation should be conducted under AR 15-6 and AR 600-20. The discussion should include the specific requirements of both regulations, advice on how investigations are conducted, and advice on how to question an interviewee who is suspected of committing a violation of the UCMJ. After the investigating officer completes the investigation, the packet must be submitted for legal review.
d. Equal opportunity advisor assistance. The investigating officer (the commander or appointed investigating officer) will meet with the unit's EOA prior to conducting the investigation. The EOA will assist the investigating officer in the development of questions to be addressed to the complainant, the subject and any witnesses or third parties. The EOA's skills in complaint handling, conflict resolution, and training in the subtleties of discrimination and sexual harassment enable him or her to advise investigative officers in these complex areas. The EOA will ensure the focus of the investigation is placed squarely on assessing the validity of the allegations and avoids shifting the focus of the investigation against the complainant. The EOA will remain available to the investigating officer for consultation and assistance throughout the conduct of the investigation.
e. Conduct of interviews. The investigating officer must interview every individual who may have firsthand knowledge of the facts surrounding the validity of the allegations. The investigating officer must also interview everyone who can substantiate the relationship or corroborate the relationship between the complainant and the subject. The investigating officer must interview the person who initially received the formal complaint, the complainant(s), any named witnesses, and the subject. The investigating officer should normally interview the subject after interviewing other witnesses, so that he or she will have a complete understanding of the alleged incident. If needed prior to the conclusion of the investigation, the investigating officer should conduct a second interview of the complainant and the subject. The investigating officer may choose to re-interview certain witnesses for clarification of conflicting statements. Should unit policies or procedures be called into question as contributing factors to perceptions of unlawful discrimination or hostile environment, the investigating officer will interview responsible members of the chain of command. It may be advisable to interview coworkers of the complainant and the subject for knowledge they may have about the alleged incidents or the relationship that exists between the complainant and subject.
f. Identification of criminal act. If, when interviewing any Soldier, including the subject, the investigating officer reasonably suspects that the individual has committed an offense in violation of the UCMJ, the investigating officer must advise the Soldier of his/her rights under UCMJ, Art. 31. Investigating officers should consult with their servicing judge advocate or legal advisor before giving UCMJ, Art. 31 rights warnings, and should record the suspect's election on DA Form 3881 (Rights Warning Procedure/Waiver Certificate). If the Soldier being questioned asks for a lawyer (that is, asserts his or her right to counsel), questioning must stop immediately and the interview must be terminated. Questioning may resume only in the presence of a lawyer, if the Soldier initiates further discussion or if the Soldier has consulted with a lawyer and thereafter waives his/her rights pursuant to a proper rights advisement. Similarly, questioning of a Soldier must stop immediately if a Soldier indicates the desire to remain silent. Once this right is asserted, questioning may resume only if the Soldier initiates further questioning or if after an appropriate interval, the Soldier waives his or her rights pursuant to a proper rights advisement. (See UCMJ , Art. 31, MRE 304 and 305, MCM).
g. Supporting documents. The investigating officer should secure copies of any documents that might substantiate or refute the testimony of the complainant, subject, or named witnesses. These documents may include copies of unit and personnel records and the complainant's personal documents. The investigating officer will also procure a copy of the commander's plan to prevent reprisal for inclusion in the final report of investigation.
h. Unit climate, policies and procedures. During the course of the investigation, the investigative officer should note concerns or observations of unit policy, procedures, and individual leadership or management techniques that may have a dysfunctional effect upon unit climate and foster discriminatory behavior and/or a hostile environment.
i. Investigative findings and recommendations. When the investigation is completed, the investigating officer should review the evidence, determine if the investigation adequately addresses allegations, make factual findings about what occurred, and provide recommendations consistent with the findings.
j. EOA review. Prior to submission of the report to the appointing authority, the investigating officer and EOA will meet and review the report. The EOA will attach a memorandum documenting his/her review.
k. Investigative report. The following items are required enclosures to the report presented to the appointing authority:
(1) Orders of appointment as investigating officer.
(2) Copy of the DA Form 7279 with attached continuation sheets.
(3) Copy of the completed/initialed commander's plan to prevent reprisal.
(4) List of questions developed with EOA.
(5) Statements/synopses of interviews with complainant(s), named witnesses, and subject(s) and relevant members of the chain(s) of command.
(6) Copies of supporting documents.
(7) Description/assessment of unit policies, procedures that may have contributed to perceptions of unlawful discrimination or sexual harassment within the unit.
(8) Written approval of next higher echelon commander for any approved extensions.
(9) Written explanation of extenuating circumstances that prevented the investigating officer from interviewing any named witnesses, complainants, or subjects.
(10) Written review by the EOA.
C-7. Actions by the appointing authority (commander) upon receipt of the report of the investigation
The appointing authority will submit the report of investigation to the servicing staff or command judge advocate for a determination of legal sufficiency. After the legal review is completed, the appointing authority will decide whether further investigation is necessary or whether to approve all or part of the findings and recommendations. If the appointing authority is senior to the subject's commander, the appointing authority may refer the matter to that unit commander for appropriate action(s), unless the appointing authority or a more SC has reserved authority to take action on EO matters.
a. Actions to resolve complaints. A complaint is resolved by action to restore benefits and privileges lost because of unlawful discrimination or sexual harassment. Punitive or administrative actions against an offender do not necessarily change offending behaviors or rectify the situation for the individual complainant or unit. Commanders will take corrective action to preclude recurrence of discriminatory or sexually harassing conduct and address any management deficiencies or other contributing factors that caused the allegations to be raised. Commanders will also look at the causes of why complainants raised unsubstantiated complaints. Actions taken (or to be taken) by the commander and the chain of command will be annotated on DA Form 7279 , Part III. Specific actions taken against the perpetrator will not be annotated on the form. This information will be discussed with the complainant. The commander and/or EOA will also inform the complainant and the subject(s) of the complaint of his/her right to appeal and make them aware of timelines and procedures to file that appeal. The complainant and subject(s) will sign and date the DA Form 7279 to acknowledge receiving this information. This acknowledgment does not necessarily signify the complainant's agreement with the findings or actions taken to resolve the complaint.
(1) Actions upon substantiated complaint(s). A substantiated EO discrimination or sexual harassment complaint is a complaint that, after the completion of an inquiry or investigation, provides evidence to indicate that the complainant was more likely than not treated differently because of his or her race, color, national origin, gender, or religious affiliation. The standard of proof is a "preponderance of the evidence" standard. This means that the findings of the investigation must be supported by a greater weight of evidence than supports a contrary conclusion, or-in other words-evidence that, after considering everything that is presented, points to one particular conclusion as being more credible and probable than any other conclusion. The "weight of the evidence" is not determined by the number of witnesses or volume of exhibits, but by considering all the evidence and evaluating such factors as the witness's demeanor, opportunity for knowledge, information possessed, ability to recall and relate events, and other indications of veracity. When an allegation of discrimination is substantiated, that finding is annotated on the DA Form 7279, Part II. The commander must decide what corrective action to take. Corrective action may be administrative or punitive.
(a) Administrative action. Offenders will, as a minimum, undergo counseling by a member of the chain of command, presumably their company-level commander. Commanders have the full range of administrative actions available to them to deal with offenders of Army policy on EO (including the prevention/eradication of sexual harassment), to include discharge from the Service, bar to reenlistment, adverse performance evaluations and/or specific comments concerning nonsupport of EO/EEO programs on evaluation reports, relief for cause, administrative reduction, admonition, reprimand, administrative withholding of privileges, and rehabilitative transfer to another unit. Commanders should determine whether the victim desires to be transferred to another unit, but they should not subject the complainant to "double victimization" by requiring that he or she be transferred to another unit while leaving the offender in the unit.
(b) Uniform Code of Military Justice. Violators of Army policies on EO and the prevention/eradication of sexual harassment, whose conduct violates a punitive article of the UCMJ , may be charged and prosecuted. Nonjudicial punishments (for example, UCMJ, ART. 15) will be posted in the unit area in accordance with AR 27-10 . Courts-Martial convictions may be published in installation newspapers and/or posted in the unit area where deemed appropriate.
(2) Actions upon an unsubstantiated complaint. An unsubstantiated complaint is one for which the preponderance of evidence (that is, the greater weight of evidence) does not support and verify that the alleged unlawful discrimination or sexual harassment occurred. In this situation, the commander should determine whether the allegations, though unsubstantiated, might be indicative of problems in the unit that require resolution through EO initiatives or other leadership actions. Should the complaint be found unsubstantiated, the commander will notify the complainant in writing (DA Form 7279s, Part II) and, consistent with the limitations of the Privacy Act and the Freedom of Information Act (FOIA), provide the complainant with a copy of the results of the investigation. The complainant will sign and date the DA Form 7279 to acknowledge receiving this information. This acknowledgment does not necessarily signify the complainant's agreement with the actions taken.
(3) Actions to resolve complaints should focus on changing inappropriate behavior of offending personnel and avoid targeting the complainant. The complainant's job and status should not be affected unless he or she requests such a remedy, and the chain of command will do so only after weighing the impact on readiness.
b. Feedback. The commander will provide periodic feedback, throughout the process, to the complainant and the subject on the status of the investigation.
(1) The commander will provide written feedback to the complainant not later than the 14th calendar day (by the end of the third MUTA 4 period for RCs) after receiving the complaint and then provide updates every 14 calendar days (three MUTA 4 drill periods) until final resolution. Written feedback should incorporate any verbal updates provided to the complainant. Written feedback will be as complete as possible consistent with limitations of the Privacy Act and the FOIA. Whenever possible, the commander should meet with the complainant to discuss the status of the investigation, to include findings and actions to resolve the issue. Oral feedback should be consistent with the limitations of the Privacy Act and the FOIA.
(2) Commanders will also provide written feedback to the subject on the outcome of the investigation and subsequent actions to be taken by the chain of command. The chain of command is advised to use discretion in limiting feedback to personnel involved. This feedback should also be consistent with the limitations of the Privacy Act and the FOIA.
C-8. Appeals process
If the complainant perceives the investigation failed to reveal all relevant facts to substantiate the allegations, or that the actions taken by the command on his or her behalf were insufficient to resolve the complaint, the complainant has the right to appeal to the next higher commander in his or her chain of command. The complainant may not appeal the action taken against the perpetrator, if any is taken. If subject(s) of the complaint perceive the investigation has failed to reveal all relevant facts to prove his or her innocence, he or she has the right to appeal to the next higher commander in their chain of command. Geographically remote units, field operating agencies, and various other organizations (including tenant units on the installation) will promulgate MOU or installation standing support agreements between the installation (supporting) commander and their units. These documents will serve to provide the necessary guidance to unit personnel for the courses of action to be taken with appeals. EO appeals that may potentially leave the Army chain of command must be forwarded to DCS, G-1 (DAPE-HR-L) for resolution.
a. The appeal must be presented within 7 calendar days (at the next MUTA 4 drill period for RCs) following notification of the results of investigation and acknowledgment of the actions of the command to resolve the complaint. The complainant must provide a brief statement that identifies the basis of the appeal. This will be done in writing on the DA Form 7279 , Part IV, and the complaint form will be returned to the commander in the chain of command who either conducted the investigation or appointed the investigating officer.
b. Once the appeal is initiated by the complainant, the commander has three calendar days (or one MUTA 4 drill period for RCs) to refer the appeal to the next higher unit commander (or senior commander for those tenant units with MOU that designate an appellate authority).
c. The commander to which the appeal is made has 14 calendar days (or three MUTA 4 periods for RCs) to review the case and act on the appeal (that is, approve it, deny it, or conduct an additional investigation). Not later than the 14th calendar day following receipt of the appeal (or appropriate RC timelines), this commander will provide written feedback, consistent with Privacy Act and FOIA limitations, to the complainant on the results of the appeal. This process applies equally to subsequent appeals submitted through the chain of command.
C-9. Final resolution upon appeal
Complaints that are not resolved at brigade level may be appealed to the General Courts-Martial Convening Authority. The only exception to this is where organizations have MOUs or support that delegate UCMJ authority to a local commander. Decisions at this level are final.
C-10. Follow-up assessment
The EOA will conduct a follow-up assessment of all formal EO and sexual harassment complaints, both for substantiated and unsubstantiated complaints, 30 to 45 calendar days (four to six MUTA 4 drill periods for RCs) following the final decision rendered on the complaint. The purpose of the assessment is to measure the effectiveness of the actions taken and to detect and deter any acts or threats of reprisal. The EOA will also assess the complainant's satisfaction with the procedures followed in the complaint process to include timeliness, staff responsiveness and helpfulness, and resolution of the complaint. The findings of this assessment will be annotated on DA Form 7279-1 (Equal Opportunity Complaint Resolution Assessment) and maintained by the EOA. The EOA will present findings and recommendations to the commander for further consideration/action within 15 calendar days (second MUTA 4 drill period for RCs). After the commander reviews the EOA findings and recommendation, the assessment is attached to the original complaint and maintained with the rest of the file. DA Form 7279-1 is available on the APD Web site.
C-11. Documentation and/or reporting of formal complaints
a. After the complainant's case is closed, the entire complaint packet will be filed by the EOA who is the first in the complainant's chain of command.
b. The EOA retains the complaint file. Complaints will be retained on file for 2 years from the date of the final decision on the case, using the Army Record Information Management System.
c. In addition to the completed DA Forms 7279 and DA Form 7279-1 , the EOA will retain the following information (using the memorandum for record format) for each case:
(1) The name, rank, and organization of the individual who conducted the inquiry/investigation;
(2) Complete report of investigation to include written review by EOA and servicing SJA; and,
(3) The status or results of any judicial action, nonjudicial punishment, or other action taken to resolve the case.
d. The commander processing the complaint involving ARNG Soldiers will send an information copy of the information in paragraph c to NGB-EO within 30 days.
C-12. Actions against Soldiers submitting false complaints
Soldiers who knowingly submit a false EO complaint (a complaint containing information or allegations that the complainant knew to be false) may be punished under the UCMJ .
C-13. Complaint procedures for Army Reserve Soldiers serving in the individual ready reserve or those Soldiers not assigned to a unit
a. Complaint filed during active duty tour. Complaint procedures will remain the same as for AD personnel. Active and reserve Army commanders, upon receiving a complaint from members of the IRR or Individual Mobilization Augmentee, from Soldiers performing AD for special work or temporary tour of AD, or from any reservist who is not a member of a TPU, will make every attempt to resolve the complaint prior to the completion of the Soldier's AD tour.
(1) Timelines. Should the complaint be filed but not resolved prior to the Soldier's release from active duty, the timelines will be modified. The AA or RC commander will have 30 calendar days from the filing of the complaint to notify the complainant of the results of the investigation/actions taken to resolve the complaint.
(2) Appeals. The complainant and subject(s) of the complaint will have 30 calendar days from notification of the results of the investigation to file an appeal. Appeals filed more than 30 calendar days after notification must be accompanied by a written explanation of the reasons for delay. The commander has the discretion to consider an appeal based on its merits.
(3) Final decision. Notification of the commander's final decision will be provided to the complainant and subject(s) of the complaint with information copies to the next higher headquarters and HRC within 30 calendar days of the receipt of the appeal.
b. Complaint filed subsequent to release from active duty. In the event the complaint is filed after the AD tour has ended, the complainant will file a sworn complaint on DA Form 7279 (Part I through item 9) to the HRC EOA. (Soldiers may contact the HRC EO office for this form at Commander, HRC (ARPC-ZEQ), 9700 Page Boulevard, St. Louis, MO 63132-5200.) Upon the receipt of DA Form 7279, HRC will forward the complaint to the appropriate commander of the subject(s) of the complaint AD unit for investigation.
(1) Timelines. That commander will have 30 calendar days from date of receipt of the complaint to conduct an investigation and to provide feedback to the complainant. (Extensions, not to exceed an additional 45 calendar days, may be granted by higher echelon commander.)
(2) Appeals. Complainants and subject(s) of the complaint will have 30 calendar days from notification of the results of investigation/to appeal/decline appeal. Appeals filed more than 30 calendar days after notification must be accompanied by a written explanation of the reasons for delay. The commander has the discretion to consider an appeal based on its merits.
(3) Final notification. Within 30 calendar days of receipt of appeal, the commander will provide notification of final decision to the complainant and subject(s) of the complaint, next higher headquarters, and HRC.
C-14. Complaint procedures for Army National Guard Soldiers
While on AD for 30 days or more, ARNG Soldiers will follow the complaint procedure outlined in this regulation. In all other cases, ARNG Soldiers will follow the complaints procedures outlined in National Guard Regulation (NGR) 600-22 .
a. Jurisdiction. The responsibility for processing the complaint belongs to the commander at the lowest echelon of the subject's chain of command that can assure a thorough, expeditious, and unbiased investigation of the allegations.
b. Complaints involving ARNG Soldiers filed, but not resolved, during an AD tour. If the duty status changes for the subject of an unresolved complaint, the commander with UCMJ or equivalent authority over the subject will receive the complaint and complete the processing of the complaint.
c. Complaints filed after release from AD. An ARNG Soldier may file a complaint with the State Equal Employment Manager based upon unlawful discrimination that occurred while the Soldier was on AD. The complaint must be filed within 180 calendar days of the date of the alleged unlawful discrimination or of the time that the Soldier knew or reasonably should have known of the unlawful discrimination.
(1) If both the complainant and the subject are ARNG, follow NGR 600-22 to coordinate with the appropriate National Guard agency representative for processing.
(2) If the subject is from a different component or branch of the Service than the complainant, contact the senior EO office of the subject's component or branch of the Service to determine the appropriate jurisdiction with the purview to remedy.
d. Commanders processing a complaint involving an ARNG Soldier will send an information copy of the completed complaint to NGB-EO-CR within 30 days as per paragraph C-11 d .
a. Company level commanders (or equivalents) will administer the command climate survey within 30 days of assuming command (120 days for the ARNG and USAR), again at 6 months, and annually thereafter. At their discretion, company level commanders (or equivalents) may administer the command climate survey more often and may supplement the survey with data from other surveys, focus groups, and interviews to assess the unit climate.
b. The survey is voluntary for commanders (or equivalents) above the company level. Because the initial survey is administered shortly after a change of command, the results should not be seen as a reflection on the new commander (or equivalent), but simply as a starting point for assessing and improving the unit's command climate.
Survey responses will be treated as confidential. Exceptions to confidentiality will be consistent with the Privacy Act Statement (that is, respondent statements about being a threat to themselves or others, comments involving criminal behavior, and/or operationally sensitive information). When paper and pencil format is used, the unit will ensure that respondents can submit their survey in an inconspicuous location. Survey results will never be reported so that an individual's responses can be identified. Only subgroups containing at least five individuals will be reported. Results are intended for the company commander's use and are not reported up the chain of command. Commanders must provide timely feedback to the unit.
After the company commander has administered and analyzed the command climate survey and has developed action plans, the brigade EOA, will note completion in the brigade QNSR. Completion of the command climate survey is an item that is checked under the CIP.
D-4. Role of the equal opportunity advisor
The EOA role is to discuss assessment results with the commander to aid in developing action plans. Results are best when the commander takes a proactive role in analyzing data and planning for unit improvements.
D-5. Commander's training module
Command Policy (AR 600-20) requires commanders of company-size units to conduct the "Command Climate Survey" as a tool for reviewing the climate factors (for example, leadership, cohesion, morale) that affect their unit's effectiveness. This Training Module is designed to help commanders prepare to conduct a survey, read and interpret survey results, develop action plans based on survey findings, and conduct feedback sessions. Additionally, Training Circular (TC) 26-6 provides useful information on conducting a climate assessment and using the command climate survey.
Survey results are anonymous and the privacy of individuals submitting a survey will always be protected. Personnel administering the survey and/or collecting the data should make sure procedures are in place to protect the anonymity of respondents and the confidentiality of the results. Exceptions to confidentiality and anonymity will be consistent with the Privacy Act Statement of the survey (that is, respondent statements about being a threat to themselves or others, comments involving criminal behavior, and operationally sensitive information). Personally identifiable information such as name, email address, or social security number should never be requested or collected. When a racial, ethnic, gender, or other demographic group consists of fewer than five members, results for that group will not be broken out. For example, if a unit has only four females, results for females will not be separated from the males.
Key internal controls will be developed and published in the next revision of this publication.
This appendix prescribes mission, responsibilities, procedures and policies pertaining to installation level sexual assault review boards (SARB) at garrison installations and deployed environments. In a deployed environment, the SARB will be convened at brigade or higher level as appropriate and follow the same format as the installation SARB.
The SARB provides executive oversight, procedural guidance and feedback concerning the installation's SAPR program. This board reviews the installations prevention program and the response to any sexual assault incidents occurring at the installation. This includes reviewing cases and procedures to improve processes, system accountability and victim access to quality services.
E-3. Sexual assault review board composition
a. The senior commander (senior mission commander, regional readiness commander, or state Joint Forces Headquarters level commander) is responsible for the SARB and will convene this multidisciplinary board on a monthly basis. The installation's SARC is a required member of this board.
b. The SARB will consist of the following military or civilian professionals:
(2) Victim advocate (as appropriate when their case is being discussed and when deemed necessary by the senior commander).
(3) Army Criminal Investigation Command (or other Service military criminal investigative organization, if required).
(4) Staff judge advocate or representative.
(5) Provost Marshal or representative, law enforcement (military or civilian police services).
(6) Chaplain or representative.
(7) Sexual assault clinical provider or sexual assault care coordinator.
(8) Chief, Behavioral Health.
(9) Other members may be appointed by nature of their responsibilities as they pertain to sexual assault (for example, victim witness liaisons, Alcohol and Substance Abuse Program representative).
a. The senior commander or designated representative will chair the SARB and will
(1) Convene SARB meetings at least monthly to review sexual assault cases.
(2) Provide SARB findings through the appropriate command channels noting deficiencies in the installation processes and procedures for preventing or responding to sexual assault.
(3) Implement process improvements to ensure system accountability and an effective victim services program.
(4) Ensure that the installation' s multi-disciplinary SAPR service providers are receiving appropriate training and have the necessary resources to do the job.
(5) Facilitate monthly victim updates.
(6) Maintain the integrity of confidential cases (that is, do not discuss any identifying information rather use case numbers or other non-identifying data).
b. The SARB members will
(1) Perform required functional tasks as designated by the appropriate regulations and as directed by the senior commander.
(2) Conduct ongoing reviews of current procedures for each alleged sexual assault case for compliance with regulations, local policies and in keeping with the accepted high standards of victim care.
(3) Meet at least monthly to review the handling and disposition of all alleged sexual assault cases. Provide recommendations to the SARB on ways to improve the processing of sexual assault cases.
(4) Participate in training as required. Determine SAPR training needs of your agency by monitoring each alleged sexual assault incident. Identify training requirements to the SARB.
(5) Conduct ongoing reviews of MOA with other Services and civilian agencies regarding SAPR support. Provide updates to the SARB and recommendations for improvements as necessary.
F-1. Responsibility for actions after a report of sexual assault
Although the commander has significant leadership responsibility for actions after a report of sexual assault, not necessarily all of the actions listed in paragraph F-2 will be taken by the commander.
F-2. Actions to be taken in the event of receiving a report of sexual assault
The actions in the following list are to be taken in the event of receiving a report of sexual assault:
a. Ensure the physical safety of the victim-determine if the alleged assailant is still nearby and if the victim needs protection.
b. Advise the victim of the need to preserve evidence (for example, by not bathing, showering, washing garments).
c. Encourage the victim to report the incident and get a medical examination immediately (even if the incident occurred prior to the past 72 hours).
d. Make appropriate administrative and logistical coordination for movement of victim to receive care. (Involve the minimum number of personnel possible and only on a need-to-know basis).
e. Ask if the victim needs a support person (for example, a personal friend, VA, chaplain) to immediately join the victim.
f. Notify the SARC.
g. Notify the Chaplain if the victim requests pastoral counseling or assistance.
h. Notify the Criminal Investigation Command, military police, installation provost marshal (see AR 195-1 ), and commanders in the chain of command (as appropriate) within 24 hours (as soon as the victim's safety is established and victim's medical treatment procedures are in motion) and
(1) Limit the details regarding the incident to only those personnel who have a legitimate need to know.
(2) Take action to safeguard the victim from any formal or informal investigative interviews or inquiries, except by those personnel who may have a "need to know", including but not limited to, the Criminal Investigation Command investigator(s) and the trial counsel.
(3) Collect only the necessary information (for example, victim's identity, location and time of the incident, name and/or description of offender(s)). Do not ask detailed questions and/or pressure the victim for responses.
i. Ensure the victim is made aware of, and encouraged to exercise, their options during each phase of the medical, investigative, and legal processes.
j. Ensure the CID notifies victims and witnesses of their rights through a completed Victims and Witnesses of Crime form, DD Form 2701 . (See AR 27-10 ).
k. Inform the victim of the resources in theater that are available through the Victim and Witness Assistance Program (AR 27-10). Also, inform the victim of resources accessible from anywhere in the world (that is, Military One Source (from U.S.: 1-800-464-8107; International: 800-464-81077; International collect: 484-530-5889, 24-hours-a-day, 7-days-a-week)).
l. Provide emotional support to the victim, including
(1) Throughout the investigation, consult with the victim and, to the extent practicable, accommodate the victim's wishes, as long as a full and complete investigation is not compromised.
(2) Listen/engage in quiet support of the victim, as needed. Be available in the weeks and months following the sexual assault, and ensure the victim that she/he can rely on the commander's support.
(3) Emphasize to the victim the availability of additional avenues of support; refer to available counseling groups and other victim services.
(4) Confer with the commander's legal representative and/or servicing SJA office to consider legal options, responsibilities (for example, pretrial restraint, military protective order), and appropriate disposition of the alleged offense.
(5) If the subject is a foreign national or from a coalition force, confer with SJA on responsibilities, options, and victims rights (in theater).
(6) Determine the best courses of action for separating the victim and the subject during the investigation.
(a) Determine whether the victim desires to be transferred to another unit.
(b) Determine if the suspect needs/desires to be transferred to another unit.
(c) Consider whether a Military Protection Order (MPO) ( DD Form 2873 ), referred to as "no contact order," is appropriate.
(d) Coordinate with sexual assault response agencies and the chain of command (involve as few people as possible and only on a need to know basis, protecting the victim's privacy) to determine if the victim's condition warrants redeployment or reassignment until there is a final legal disposition of the sexual assault case and/or the victim is no longer in danger.
(e) To the extent practicable, preferential consideration related to the reassignment should be based on the victim's desires.
m. Flag (suspend favorable personnel actions) any Soldier under charges, restraint, or investigation for sexual assault in accordance with AR 600-8-2 (Suspension of Favorable Actions), and suspend the Soldier's security clearance in accordance with AR 380-67 , The Department of the Army Personnel Security Program.
n. Avoid automatic suspension or revocation of the victim's security and/or personnel reliability program clearance, when possible, as the victim can be treated for their related trauma. Consider the negative impact that suspension of a victim's security clearance has on both the victim's sensitivity and the service climate for reporting. Commanders should consider making this decision in consultation with a credentialed behavioral health professional.
o. Determine how to best dispose of the victim's collateral misconduct. Absent overriding considerations, commanders should consider exercising their authority in appropriate cases to defer disciplinary actions for the victim's misconduct until after the final disposition of the sexual assault case.
p. Update the battalion or higher-level commander on the status of the victim and subject(s) within 14 calendar days, and on a monthly basis thereafter, until the case is officially closed. If the victim or subject is transferred or redeployed prior to the case closing, coordinate with investigative and SJA personnel before ceasing monthly updates on parties involved.
q. Update the victim on a monthly basis on the sexual assault investigation until its final disposition. Furthermore, initiate follow-up with the victim within 45 days after disposition of the case.
r. Consult with the servicing legal office, criminal investigative organization, and notify the assigned VA prior to taking any administrative action affecting the victim.
s. Ensure unit personnel are abreast of risk factors associated with sexual assault, especially those risk factors unique to the deployed environment.
This appendix establishes the Army's guidelines for restricted and unrestricted reporting by victims of sexual assault.
The Army is committed to ensuring victims of sexual assault are protected, treated with dignity and respect, and provided support, advocacy and care. Army policy strongly supports effective command awareness and prevention programs, and law enforcement and criminal justice activities that will maximize accountability and prosecution of sexual assault perpetrators. To achieve these dual objectives, the Army prefers complete reporting of sexual assaults to activate both victims' services and accountability actions. However, recognizing that a mandate of complete reporting may represent a barrier for victims to access services when the victim desires no command or law enforcement involvement, there is a need to provide an option for confidential reporting.
G-3. Commander's responsibility
Assuring privacy and providing a confidential disclosure option for sexual assault victims is critical to discharging our commitment. Sexual assault is the most under reported violent crime in our society and in the military. Although the victim's decision to report is a crucial step following a sexual assault, reporting is often precluded by the victim's desire for no one to know what happened. Commanders have a responsibility to ensure community safety and due process of law, but they must also recognize the importance of protecting the privacy of victims under their command. Subject matter experts agree that a system that promotes privacy/confidentiality can have a positive impact in bringing victims forward to provide information about being assaulted.
G-4. Confidential reporting
Confidentiality or confidential reporting allows a uniformed Service member to report a sexual assault to specified individuals. Confidential reporting consists of two components: restricted and unrestricted reporting.
a. Restricted reporting. A Soldier who is sexually assaulted and desires medical care, counseling and victim advocacy, without initiating the investigative process should use the restrictive reporting option. Restricted reporting allows a sexual assault victim to confidentially disclose the details of his/her assault to specifically identified individuals and receive medical treatment and counseling, without triggering the official investigative process. Restricted reporting is intended to give victims additional time and increased control over the release and management of their personal information, and to empower them to seek relevant information and support to make more informed decisions about participating in the criminal investigation. A victim who receives appropriate care and treatment, and is provided an opportunity to make an informed decision about a criminal investigation is more likely to develop increased trust that his/her needs are of primary concern to the command and may eventually decide to pursue an investigation. Even if the victim chooses not to pursue an official investigation, this additional reporting avenue gives commanders a clearer picture of the sexual violence within their command, and enhances a commander's ability to provide an environment that is safe and contributes to the Well-being and mission-readiness of all of its members. Restricted reporting procedures follow:
(1) Soldiers who are sexually assaulted and desire restricted reporting under this policy should report the assault to the SARC, a VA, or a healthcare provider.
(2) Consistent with current policy, Soldiers may also report the assault to a chaplain. This policy on restricted reporting is in addition to the current protections afforded privileged communications with a chaplain, and does not alter or affect those protections.
(3) Upon notification of a reported sexual assault, the SARC will immediately assign an IVA or UVA.
(4) The assigned VA will provide the victim accurate information on the process to include the process of restricted vice unrestricted reporting.
(5) The SARC or VA will ensure the victim acknowledges in writing his or her understanding that restricted reporting may limit the ability of the Government to prosecute the assailant, restrict the Army's ability to provide adequate measures to limit contact between the victim and the assailant, and an understanding of the reasons Army policy favors unrestricted reporting.
(6) Healthcare providers will, with the consent of the victim, initiate the appropriate care and treatment, and report the sexual assault to the SARC in lieu of reporting the assault to law enforcement or the chain of command. Additionally, at the victim's discretion/request, the healthcare provider, if appropriately trained and supervised, will conduct a forensic medical examination, which may include the collection of evidence. Disposition instructions for such evidence are provided in appendix J .
(7) If a DOD healthcare provider is not available, the victim will be appropriately referred to a civilian provider for the forensic examination, if the victim requests such a forensic examination.
b. Unrestricted reporting. A Soldier who is sexually assaulted and desires medical treatment, counseling and an official investigation of his/her allegation should use current reporting channels, for example, chain of command, law enforcement or report the incident to the SARC. Upon notification of a reported sexual assault, the SARC will immediately assign a VA. Healthcare providers will, with the consent of the victim, initiate the appropriate care and treatment, and report the sexual assault to law enforcement or the chain of command. Additionally, at the victim's discretion/request, the healthcare provider will conduct a forensic medical examination, which may include the collection of evidence. Details regarding the incident will be limited to only those personnel who have a legitimate need to know.
G-5. Confidential communication
a. Regardless of whether the Soldier elects restricted or unrestricted reporting, confidentiality of medical information will be maintained in accordance with current guidelines on the HIPAA.
b. In cases where a victim elects restricted reporting, the SARC, assigned VA (whether uniformed or civilian), and healthcare providers may not disclose covered communications to law enforcement or command authorities, either within or outside the DOD, except as provided in the exceptions below.
c. Covered communications are oral, written, or electronic communications of personally identifiable information made by a victim to the SARC, assigned VA or to a healthcare provider related to their sexual assault.
d. For purposes of public safety and command responsibility, the SARC is responsible for reporting information concerning sexual assault incidents, without information that could reasonably lead to personal identification of the victim, to installation command officials within 24 hours of the incident.
e. In the event that information about a sexual assault is disclosed to the commander from a source independent of the restricted reporting avenues, or to law enforcement from other sources, the commander will report the matter to law enforcement and law enforcement remains authorized to initiate its own independent investigation of the matter presented. Additionally, a victim's disclosure of his/her sexual assault to persons outside the protective sphere of the persons covered by this policy may result in an investigation of the allegations.
f. This policy does not create any actionable rights for the alleged offender or the victim, nor constitute a grant of immunity for any actionable conduct by the offender or the victim. Covered communications that have been disclosed may be used in disciplinary proceedings against the offender or the victim, even if such communications were improperly disclosed.
g. Improper disclosure of covered communications, improper release of medical information, and other violations of this policy are prohibited and may result in discipline under the UCMJ, loss of credentials, or other adverse personnel or administrative actions
G-6. Exceptions to confidentiality
a. In cases in which victims elect restricted reporting, the prohibition on disclosing covered communications is waived to the following persons or entities when disclosure would be for the following reasons:
(1) Command officials or law enforcement when disclosure is authorized by the victim in writing.
(2) Command officials or law enforcement when disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of victim or another.
(3) Disability retirement boards and officials when disclosure by a healthcare provider is required for fitness for duty for disability retirement determinations, limited to only that information that is necessary to process disability retirement determination.
(4) SARC, VAs, or healthcare provider when disclosure is required for the supervision of direct victim services.
(5) Military or civilian courts of competent jurisdiction when disclosure is ordered by or is required by Federal or state statute. SARC, VAs, and healthcare providers will consult with the servicing legal office in the same manner as other recipients of privileged information to determine if the criteria apply and they have a duty to obey. Until those determinations are made, only non-identifying information should be disclosed.
b. Healthcare providers may convey to the command any possible adverse duty impact related to the victim's medical condition and prognosis in accordance with DOD 6025.18-R . Such circumstances however, do not otherwise warrant an exception to policy, and therefore the specific details of the sexual assault will still be treated as covered communication and may not be disclosed.
G-7. Covered communication
a. Improper disclosure of covered communications, improper release of medical information, and other violations of this policy are prohibited and may result in discipline under the UCMJ , loss of credentials, or other adverse personnel or administrative actions.
b. In the event that information about a sexual assault is disclosed to the commander from a source independent of the restricted reporting avenues, or to law enforcement from other sources, the commander may report the matter to law enforcement and law enforcement remains authorized to initiate its own independent investigation of the matter presented. Additionally, a victim's disclosure of his/her sexual assault to persons outside the protective sphere of the persons covered by this policy may result in an investigation of the allegations.
c. This policy does not create any actionable rights for the alleged offender or the victim, nor constitute a grant of immunity for any actionable conduct by the offender or the victim. Covered communications that have been disclosed may be used in disciplinary proceedings against the offender or the victim, even if such communications were improperly disclosed.
d. The Army recognizes the potential impact of restricted reporting on investigations and the commander's ability to hold perpetrators accountable, and this policy decision represents the judgment that such risks have been carefully considered but were outweighed by the overall interest in providing sexual assault victims this form of support. This policy supersedes all regulatory and policy guidance within the Department of Army not expressly mandated by law that is inconsistent with its provisions, or would preclude execution.
This appendix establishes mandatory baseline training standards for sexual assault response groups. These DOD standards will ensure that any Service member who is assaulted will receive the same level of response regardless of his or her particular military Service. Responder groups are composed of personnel in the following disciplines or positions:
a. Sexual assault response coordinators.
b. Victim advocates.
d. Law enforcement and criminal investigators.
e. Judge advocates.
Effective with this regulation, the following essential training tasks are mandatory for each respective response group. Commanders, responsible for these response groups, are required to ensure the training curricula incorporate these essential training tasks, including the frequency and content of periodic refresher training. Compliance with and achievement of the mandated essential training tasks will be made the subject of command inspections.
H-3. Essential training tasks
The essential training tasks for sexual assault response groups are listed below. These are the minimum baseline training tasks and can be added to as required.
a. Sexual Assault Response Coordinators. The SARC is expected to be the center of gravity for the sexual assault response capability for a given command. The SARC reports to a senior commander when an assault occurs and has direct supervision and management of sexual assault VAs when in the performance of their duties as a VA. All SARC will receive initial and periodic refresher training on the following essential tasks:
(1) Victim advocate training.
(2) Roles and responsibilities-command relationship.
(3) Victim advocate screening.
(a) Recent victims.
(c) Personal biases.
(4) Case management skills.
(5) Management skills.
(a) Required reports.
(b) Proper documentation.
(c) Restricted reporting.
(d) Unrestricted reporting.
(1) Victim advocates.
(2) Installation personnel (civilian and military).
b. Victim advocates. All VAs will receive initial and periodic refresher training on the following essential tasks:
(1) Sexual assault response policies.
(a) Department of Defense.
(c) Other Services.
(d) Confidentiality policy rules and limitations.
(2) Critical advocacy skills.
(a) Basic interpersonal and assessment skills.
(1) Appropriate relationship/rapport building, supporting the victim, listening, communication.
(2) Sensitivity training to prevent re-victimization.
(b) Crisis intervention.
(c) Roles and limitations.
(1) Command relationship.
(2) Victim advocate's rights and responsibilities.
(3) Reporting to the SARC.
(4) Recognizing personal biases/issues.
(d) Local protocols and procedures.
(3) Military and civilian.
(2) Tracking and monitoring.
(f) Record keeping rules for protected disclosures.
(h) Individual vs. system advocacy (collaboration/knowledge of resources/referrals).
(3) Knowledge of the military (that is, command, mission, programs, all installations VA programs, and military justice and adverse administrative actions).
(4) Overview of criminal investigative process and military judicial and evidentiary requirements.
(a) Types of assault.
(b) Health consequences.
(1) Mental/behavioral health.
(2) Physical health.
(c) Myths and facts.
(d) Secondary victimization.
(e) Cultural/religious differences.
(f) Types of sexual offenders.
(6) Victim rights and the role of the victim in accountability actions (limitations on accountability actions created by restricted reports).
(7) Health care management of sexual assault.
(a) Medical resources/treatment options.
(1) Medical exam.
(2) Forensic exam.
(3) Mental health and counseling.
(2) STDs, human immunodeficiency virus (HIV).
(8) Safety planning.
(a) Retaliation toward victim (by command, peers, or offender). Also includes avenues for redress if victim has been subjected to retaliation or intimidation for making an unrestricted report.
(c) Separation of victim and offender.
(d) Military protective orders.
c. Healthcare providers. There are two distinct training categories for healthcare providers.
(1) Healthcare personnel. All healthcare personnel will, at a minimum, receive initial and refresher training on the following essential tasks:
(a) Sexual assault response policies.
(1) Department of Defense.
(3) Other Services.
(4) Confidentiality policy rules and limitations.
(b) Victim advocacy resources.
(c) Medical treatment resources.
(d) Overview of the sexual assault examination process.
(2) Healthcare providers performing sexual assault forensic examinations (SAFEs). The use of healthcare providers as sexual assault examiners will adhere to the U.S. Department of Justice's National Protocol for Medical Sexual Assault Examination. In addition to the training outlined above for all healthcare personnel, healthcare providers performing SAFEs will, at a minimum, receive initial and periodic refresher training on the following essential tasks:
(a) Sexual assault victim interview.
(b) Sexual assault examination process.
(1) Sexual assault evidence collection kit.
(2) Chain of custody.
(c) Emergency contraception/HIV/STD treatment.
(1) Types of injury(s).
(2) Photography of injuries.
(3) Behavioral health and counseling needs.
(4) Consulting/referral process.
(5) Appropriate healthcare follow-up.
(e) Medical record management.
(f) Guidelines for reporting sexual assaults.
(g) Legal processes and expert witness testimony.
d. Law enforcement. All Army law enforcement professionals will receive initial and periodic refresher training on the following essential tasks:
(1) Sexual assault response policies.
(a) Department of Defense.
(c) Other Services.
(d) Confidentiality policy rules and limitations.
(2) Responding to sexual assault.
(a) Notification to command and SARC.
(b) Working with VAs (SARC).
(3) Crime scene management.
(a) Securing crime scene.
(b) Identification and preservation of fragile evidence.
(c) Chain of custody.
(4) Preliminary interviews.
(a) Victim sensitivity.
(b) Transition to military criminal investigation organization services.
(a) Victimization process.
(b) Potential traumatic responses.
(d) Behavioral health concerns.
(e) Post traumatic stress disorder.
(6) Understanding sex offenders.
e. Criminal investigators. All military and civilian criminal investigators assigned to the Criminal Investigation Command (CID) will receive initial and periodic refresher training on the following essential tasks:
(1) Sexual assault response policies.
(a) Department of Defense.
(c) Other Services.
(d) DOD confidentiality policy rules and limitations.
(a) Victimization process.
(b) Victim responses.
(d) Post traumatic stress disorder.
(3) Understanding sex offenders.
(4) Crime scene management.
(a) Securing crime scene.
(b) Identification and collection of fragile evidence.
(c) Chain of custody.
(5) Interview techniques.
(6) Investigating difficult cases.
(a) Impaired victims.
(1) Alcohol impairment.
(2) Drug facilitated sexual assaults.
(b) Multiple suspects.
(c) Domestic violence sexual assaults.
(7) Recantations and false information.
(a) Recantations-proper investigation of recantations.
(b) Factors influencing false reports.
(8) Working with VAs/SARCs.
(a) Victim advocates/SARC roles, responsibilities, and limitations.
(b) Victim services and support programs.
f. Judge advocates. There are two distinct training categories for judge advocates.
(1) Judge advocates. All judge advocates will receive training at initial military legal and periodic refresher training on the following essential tasks:
(a) DOD and Army sexual assault response policies: confidentiality policy rules and limitations.
(1) Use of "restricted" reports by command, investigative agencies, trial and defense counsel.
(2) Relationship of "restricted" reports to MRE.
(b) Victim rights.
(1) Familiarity with Victim/Witness Assistance Program.
(2) Victim and Witness Assistance Program challenges in the deployed environment.
(1) Victimization process.
(2) Victim responses: trauma and post traumatic stress disorder.
(3) Understanding sex offenders.
(d) Recantations and false information.
(e) Deployment issues: remote location assistance and Victim and Witness Assistance Program.
(2) Judge advocate trial counsel and military defense counsel. All trial and military defense counsel (that is, military judge advocate prosecutors at courts-martial) will receive initial and periodic refresher training, when required based on their position, on the following essential tasks:
(a) Sexual assault response policies.
(2) Service specific.
(3) DOD confidentiality policy rules and limitations.
(1) Forensic and scientific-working knowledge of: Sexual Assault Examination Kit, basic forensic photography, and lab results.
(2) Rules of evidence-MRE 412, 413, and 615 and case law concerning the admission of expert testimony (scientific and nonscientific).
(c) Interviewing, trial preparation, and cross-examination skills.
(2) Lay witnesses.
(3) Expert witness.
(d) Sexual assault victim preparation for interviews, depositions and testimony.
g. Chaplains. All chaplains will receive initial and periodic refresher training on the following essential tasks:
(1) Sexual assault response policies.
(b) Army prevention and response policy.
(c) Privileged communications and confidentiality policy rules and limitations.
(a) Types of assault.
(b) Health consequences.
(1) Mental/spiritual health.
(2) Physical health.
(c) Myths and facts.
(d) Secondary victimization.
(e) Cultural/religious differences.
(3) Victim rights.
(4) Trauma training with pastoral applications.
(a) Types of injury.
(b) Consulting/referral process.
(6) Permissible reporting of information to command and others.
Medical services offered to victims of sexual assault include the option to elect a SAFE in addition to the general medical care related to sexual assault response. The SAFE is an examination of a sexual assault victim by a health care provider (HCP), who, ideally, has specialized education and clinical experience in the collection of forensic evidence and treatment of these victims. The forensic component includes gathering information from the victim for the medical forensic history, an examination, documentation of biological and physical findings, collection of evidence from the victim, and follow-up as needed to document additional evidence.
The process for collecting and preserving sexual assault evidence under the restricted reporting option is the same as takes place under the unrestricted reporting option, except that the restricted reporting option does not trigger the official investigative process and any evidence collected has to be documented in a way that ensures the confidentiality of a victim's identity.
Restricted reporting allows a victim of sexual assault who is a Soldier to disclose on a requested confidential basis, the details of his or her assault to specifically identified individuals and receive medical treatment and counseling; this may include a SAFE at the victim's request.
a. If requested by the victim, a SAFE will be conducted by the appropriate HCP. The SAFE exam is the victim's option as are other general medical services related to the sexual assault.
(1) Sexual assault reporting procedures require that the SARC be notified of all incidents of reported sexual assault. The SARC, in turn, will assign a VA to assist the victim.
(2) If a victim initially seeks assistance at a medical facility, SARC notification must not delay the treatment of any medical conditions requiring immediate attention for the health of a victim.
(3) Once any emergent medical injuries have been treated, the SARC or VA will
(a) Advise the victim of the reporting options available to them.
(b) Explain the benefits and limitations of each option, especially the impact of any state mandatory reporting laws on restricted reporting.
(c) Document the reporting option the victim selects using DD Form 2910 (Victim Reporting Preference Statement).
(4) The SARC or VA will inform the victim about the availability of an optional SAFE. If a victim chooses to undergo a SAFE, and the HCP determines a SAFE is indicated by the facts of the case, the HCP at military facilities that possess a SAFE capability will conduct the examination.
b. Installation commanders, senior mission commanders, Joint Force Headquarters commanders, and geographically dispersed unit commanders who do not have a military treatment facility with SAFE capability will arrange transportation for the victim to and from a military facility or local off-base, non-military facility that has a SAFE capability. Commanders may also contract with a local sexual assault nurse examiner or other HCPs who are trained and credentialed to perform a SAFE, and have them report to the MTF to conduct the examination.
(1) Whenever possible, military installations should have a formal MOU in place between military facilities and off-base, nonmilitary facilities for the purpose of conducting a SAFE.
(2) Geographically dispersed units and RCs will pursue through coordination or formal agreements a SAFE option for victims with supporting installation medical treatment facilities, civilian facilities, or local sexual assault nurse examiner who are trained and credentialed to perform a SAFE.
(3) The SARC or VA will ensure that the victim is aware of any local or state mandatory sexual assault reporting requirements that may limit the possibility of restricted reporting prior to proceeding with the SAFE at the off-base, non-military facility.
c. For restricted reporting cases, the SARC will generate an alphanumeric restricted reporting control number (RRCN), unique to each incident that will be used in lieu of personal-identifying information, to label and identify the potential evidence collected from a SAFE (for example, SAFE kit, accompanying documentation and personal effects, and clothing as appropriate). The following will also be done:
(1) Upon completion of the SAFE, the HCP will package, seal, and label the potential evidence container(s) with the RRCN and notify the supporting provost marshal.
(2) The provost marshal will be trained and capable of collecting and preserving evidence, to assume custody of the evidence, using established chain of custody procedures.
(3) The MOA and MOU with off-base, nonmilitary facilities should include instructions for the notification of a SARC regardless of whether a restricted or unrestricted report of sexual assault is involved, evidence receipt procedures, application of an RRCN, and disposition of evidence back to the supporting provost marshal.
(4) The RRCN and general description of the potential evidence will be entered into a log to be maintained by the provost marshal.
(5) Evidence will be stored for 1 year from the date of the victim's restricted report of the sexual assault.
(6) At least 30 days prior to the expiration of the 1-year storage period, the supporting provost marshal will notify the appropriate SARC that the 1-year storage period is about to expire. Accordingly, the SARC will ensure notification to the victim.
(7) If the victim desires to recover any of their personal effects, the SARC will retrieve the items from the provost marshal and return them to the victim.
(8) If the victim does not desire to change from a restricted report to an unrestricted report, and does not request the return of any personal effects or clothing maintained as part of the evidence prior to the expiration of the 1-year storage period, as outlined in AR 195-5 , the provost marshal will destroy the evidence maintained under that victim's RRCN.
(9) The potential evidence will similarly be destroyed if, at the expiration of 1-year, a victim does not advise the SARC of their decision, or the SARC is unable to notify a victim because the victim's whereabouts are no longer known.
(10) If, prior to the 1-year period, a victim changes their reporting preference to the unrestricted reporting option, the SARC will notify the military criminal investigative organizations (usually USACIDC), who will then assume custody of the potential evidence maintained by the RRCN from the provost marshal under established chain of custody procedures.
(11) Victims may request the retrieval of items of potential evidence at any time, through their supporting SARC. In that event, the SARC will be required to counsel the victim that the release of the items back to the victim could seriously impede or make impossible the prosecution of their case.
(12) Established procedures for documenting, maintaining, and storing the potential evidence will be followed in accordance with AR 195-5.
The Army Sexual Assault Prevention and Response (SAPR) Program assessment policy provides a unifying assessment framework whose purpose is to document requirements for capturing feedback as to how well the Army is implementing its SAPR Program and provide insight as to where Army program improvements can be made.
a. This assessment policy applies to all Army organizations and personnel who have responsibilities for implementing the SAPR Program as stated in AR 600-20, paragraph 8-5 and this appendix.
b. Designated organizations cited in this policy are responsible for monitoring and reporting appropriate sexual assault data and trends, and for recommending changes to policy or processes to ensure sustained progress toward accomplishing the Army's SAPR Program stated goals.
c. Program assessment information will be reported to the Army SAPR PM, as directed in this policy, for the following purposes:
(1) To prepare quarterly and annual reports and annual assessments of the Army SAPR Program in accordance with 10 USC 113 and DODI 6495.02 .
(2) To prepare an annual Army assessment, as required, using the program assessment rating tool (PART) guidance and procedures established by the Office of Management and Budget (OMB).
(a) The PART is based on a series of questions designed by OMB to provide a consistent approach to rating programs across the Federal Government. The PART questions are generally written in a Yes/No format that requires a brief narrative explanation of the answer and includes any relevant evidence to substantiate the answer. When hard evidence of performance is not readily available, the assessment will rely on professional judgment.
(b) The PART is divided into four sections: program purpose and design; strategic planning; program management; and program results. Each section includes a series of questions designed to elicit specific information for the evaluation.
J-2. Program assessment responsibilities
a. The DCS, G-1 will
(1) Manage the overarching Army SAPR Program Assessment Policy to include procedures for collecting data, reporting findings and recommendations, and providing oversight of the program assessment process.
(2) Prepare and submit quarterly and annual Army SAPR Program reports through the Office, Assistant Secretary of the Army (Manpower and Reserve Affairs) to the DOD SAPR Office (SAPRO) as required by DOD Directive 6495.01 and DODI 6495.02 .
(3) Monitor sexual assault data, trends, and SAPR performance using SADMS. Identify and report emerging trends and performance to Army leadership, as required.
(4) Prepare and disseminate annual guidance, as required, for the collection of input from designated Army organizations to support the preparation of annual reports and assessments.
(5) Prepare and submit annual SAPR Program assessments in accordance with 10 USC 113 and DODI 6495.02.
(6) Prepare and submit, as required, a SAPR Program PART evaluation in accordance with OMB guidance.
b. The ACSIM/CG, Installation Management Command will
(1) Enforce the submission of sexual assault data by installation SARCs using the Defense Case Record Management System, or the DCS, G-1 Interim Reporting Solution until Defense Case Record Management System is fielded.
(2) Include the Army SAPR Program in the ACS Accreditation Program in accordance with AR 608-1 .
(3) Submit an annual report (no later than 1 Dec, for the previous fiscal year) to the DCS, G-1 SAPR PM. The report will include, at a minimum
(a) Findings as a result of ACS accreditation inspections conducted during the year.
(b) SAPR related training, initiatives/actions, policies and/or procedures implemented by ACSIM/IMCOM during the calendar year.
(c) SAPR related initiatives/actions planned to be taken in the coming year.
(d) Recommendations for changes to Army SAPR Program or policy.
(e) Any resource shortfalls and the potential implications they carry with respect to impact on standard of service and recommended solutions to overcome these shortfalls.
(f) Status of SARC, deployable SARC, IVA, and UVA training, as required by AR 600-20, appendix I .
(g) Assessment of the implementation of MOA and MOU with local civilian communities and other Government agencies.
(h) Assessment of the implementation of SARB.
c. Office of the Surgeon General/Commanding General, Medical Command will
(1) Conduct periodic evaluations of medical services related to sexual assault cases under the Army SAPR Program.
(2) Submit an annual report (NLT 1 Dec for the previous fiscal year) to the DCS, G-1 SAPR PM. The report will include, at a minimum
(a) General findings from any OTSG/MEDCOM evaluation of medical services related to sexual assault cases under the Army SAPR Program.
(b) SAPR related policies and/or procedures implemented by OTSG/MEDCOM during the year.
(c) SAPR related initiatives/actions planned to be taken in the coming year.
(d) Recommendations for changes to Army SAPR Program or policy.
(e) Any resource shortfalls and the potential implications they carry with respect to impact on standards of care and possible solutions to overcome these shortfalls.
(f) Status of the availability at MTF of supplies needed for the treatment of victims of sexual assault who present at a MTF, including rape kits/SAFE kits, and supplies for testing and treatment for sexually transmitted infections and diseases, including HIV, and testing for pregnancy. Status should include MTF in CONUS, OCONUS and deployed locations (to the extent information is available for deployed locations through MEDCOM channels).
(g) Status of healthcare provider responder training as required by AR 600-20, appendix I .
d. Office of The Judge Advocate General will
(1) Conduct periodic evaluations of legal services related to sexual assault cases under the Army SAPR Program.
(2) Submit an annual report (NLT 1 Dec for the previous Fiscal Year) to the DCS, G-1 SAPR PM. The report will include, at a minimum
(a) General findings from any OTJAG evaluation of legal services related to sexual assault cases under the Army SAPR Program.
(b) SAPR related policies and/or procedures implemented by OTJAG during the year.
(c) SAPR related initiatives/actions planned to be taken in the coming year.
(d) Recommendations for changes to Army SAPR Program or policy.
(e) Any resource shortfalls and the potential implications they carry with respect to impact on standard of service and possible solutions to overcome these shortfalls.
(f) Status of judge advocate responder training as required by AR 600-20, appendix I .
e. Office of The Inspector General may provide SAPR inspection reports upon request from the DCS, G-1 or as directed by the Executive Office of the Headquarters (EOH).
f. The OCCH will
(1) Conduct periodic evaluations of chaplain services provided to victims of sexual assault under the Army SAPR Program.
(2) Submit an annual report (NLT 1 Dec for the previous fiscal year) to the DCS, G-1 SAPR PM. The report will include, at a minimum
(a) General findings from any OCCH evaluation of chaplain services provided to victims of sexual assault under the Army SAPR Program.
(b) SAPR policies and/or procedures implemented by OCCH during the year.
(c) SAPR Initiatives/actions planned to be taken in the coming year.
(d) Recommendations for changes to Army SAPR Program or policy.
(e) Any resource shortfalls and the implications they carry with respect to impact on standard of service and possible solutions to overcome these shortfalls.
(f) Status of chaplain responder training as required by AR 600-20, appendix I .
g. Office of the Provost Marshal General (OPMG) will
(1) Conduct periodic evaluations of law enforcement services related to sexual assault cases under the Army SAPR Program.
(2) Submit an annual report (NLT 1 Dec for the previous fiscal year) to the DCS, G-1 SAPR PM. The report will include, at a minimum
(a) General findings from any OPMG evaluation of law enforcement services conducted for cases under the Army SAPR Program.
(b) SAPR policies and/or procedures implemented by OPMG during the year.
(c) SAPR related initiatives/actions planned to be taken in the coming year.
(d) Recommendations for changes to Army SAPR Program or policy.
(e) Any resource shortfalls and the potential implications they carry with respect to impact on standard of service and possible solutions to overcome these shortfalls.
h. United States Army Criminal Investigation Command will
(1) Provide the reports listed below to the DCS, G-1 SAPR PM until formally relieved of this responsibility by the SAPR PM for example, SADMS is fully operational). Each report will be prepared as prescribed in Enclosure 8, DODI 6495.02 , as follows:
(a) Monthly Central Command sexual assault report (no later than the 7th of each month).
(b) Quarterly Army sexual assault report (no later than 7 Jan, 7 Apr, 7 Jul, and 7 Oct).
(c) Annual Army sexual assault report (no later than 7 Jan).
(2) Conduct periodic evaluations of investigative services related to sexual assault cases under the Army SAPR Program.
(3) Submit an annual report (no later than 1 Dec for the previous fiscal year) to the DCS, G-1 SAPR PM. The report will include, at a minimum
(a) General findings from any CID evaluation of investigative services related to sexual assault investigations under the Army SAPR Program.
(b) Current processing time (in days) for Deoxyribonucleic acid evidence in sexual assault cases by the US Army Criminal Investigation Laboratory; to include an analysis of reasons for delays if processing time exceeds 60 days.
(c) SAPR policies and/or procedures implemented by USACIDC during the year.
(d) SAPR related initiatives/actions planned to be taken in the coming year.
(e) Recommendations for changes to Army SAPR Program or policy.
(f) Any resource shortfalls and the implications they carry with respect to impact on standard of service and possible solutions to overcome these shortfalls.
(g) Status of investigator responder training as required by AR 600-20, appendix I .
i. The CNGB and OCAR will
(1) Enforce the submission of sexual assault data by installation SARCs using the Defense Case Record Management System, or the DCS, G-1 Interim Reporting Solution until Defense Case Record Management System is fielded.
(2) Include Army SAPR Program as part of the CIP and conduct periodic evaluation of SAPR program implementation and compliance.
(3) Submit an annual report (no later than 1 Dec for the previous fiscal year) to the DCS, G-1 SAPR PM. The report will include, at a minimum
(a) General findings from any NGB/OCAR evaluations of the Army SAPR Program implementation in the National Guard or Army Reserve.
(b) SAPR policies and/or procedures implemented by organization during the year.
(c) SAPR related initiatives/actions planned to be taken in the coming year.
(d) Recommendations for changes to Army SAPR Program or policy.
(e) Any resource shortfalls and the implications they carry with respect to impact on standards of care or service and possible solutions to overcome these shortfalls.
(f) Status of SARC, deployable SARC, IVA, and UVA training, as required by AR 600-20, appendix I .
(g) Status of annual refresher training for sexual assault responders (including DA Civilian Police) as required by AR 600-20, appendix I. (Note: This only applies to those responders under the command and control of the reporting headquarters.)
(h) Assessment of the implementation of MOA and/or MOU with local civilian communities and other Government agencies providing SAPR support.
(i) Assessment of the implementation of SARB.
j. The CG, TRADOC will
(1) Include evaluations of SAPR training in TRADOC quality assurance (QA) visits and other periodic training evaluations or assessments.
(2) Submit an annual report (NLT 1 Dec for the previous fiscal year) with results of evaluations or assessments of SAPR training to the DCS, G-1 SAPR PM.
k. Army Headquarters (ACOMs, ASCCs, DRUs) will
(1) Enforce the submission of sexual assault data by command SARCs and/or deployable SARCs (as required for deployed or geographically dispersed units not supported by an installation) using the Defense Case Record Management System, or the DCS, G-1 Interim Reporting Solution until Defense Case Record Management System is fielded.
(2) Include Army SAPR Program as part of the CIP and conduct periodic evaluation of SAPR program compliance in garrison/non-deployed and deployed environments.
(3) Submit an annual report (NLT 1 Dec for the previous fiscal year) to the DCS, G-1 SAPR PM. The report will include, at a minimum
(a) General findings from any evaluation of the implementation of the Army SAPR Program within the Army Headquarters (ACOMs, ASCCs, DRUs).
(b) SAPR policies and/or procedures implemented by organization during the year.
(c) SAPR related initiatives/actions planned to be taken in the coming year.
(d) Recommendations for changes to Army SAPR Program or policy.
(e) Any resource shortfalls and the implications they carry with respect to impact on standard of service and possible solutions to overcome these shortfalls.
(f) Status of the appointment and training of headquarters PMs and subordinate command SARCs, deployable SARCs, and UVAs.
(g) Status of annual refresher training for sexual assault responders (including DA Civilian Police) as required by AR 600-20, appendix I . (Note: This only applies to those responders under the command and control of the reporting headquarters.)
(h) Status of annual unit level training as required by AR 600-20, paragraph 8-7 .
(i) Assessment of the implementation of MOA and/or MOU with local civilian communities and other Government agencies providing SAPR support. (Note: This may apply only to commands with deployed or geographically dispersed units not supported by an installation.)
(j) Assessment of the implementation of SARB, as applicable, both in garrison (non-deployed) and deployed environments.
l. U.S. Army Research Institute (ARI) will
(1) Include sexual assault questions in the sample survey of military personnel and the human relations update surveys.
(2) Provide reports to the DCS, G-1 SAPR PM that includes analyses of the sexual assault specific findings from the sample survey of military personnel and other surveys, studies, or research.
m. The superintendent, USMA will
(1) Prepare and submit academic program year reports as required by DODI 6495.02 , paragraph E8.2.
(2) Coordinate and provide copies of academic program year reports to the Army SAPR PM.
Army Community Service
Assistant Chief of Staff for Installation Management
active duty for training
Active guard reserve
Army Medical Department
Army National Guard
Army Staff, that is, principal officials of Headquarters, Department of the Army
Assistant Secretary of the Army (Manpower and Reserve Affairs)
Army service component command
additional skill identifier
Chief, Army Reserve
Army Community and Family Support Center
Community Health Promotion Council
Criminal Investigation Division
Council of Colonels
command inspection program
common levels of support
Chief, National Guard Bureau
continental United States
Chief of Staff, Army
command sergeant major
chief warrant officer two
chief warrant officer three
chief warrant officer four
chief warrant officer five
Child and Youth Services
Department of the Army
Deputy Chief of Staff, G-1
Defense Enrollment Eligibility Reporting System
Defense Equal Opportunity Management Institute
Delayed Entry Program
Director of Emergency Services
Defense Incident-Based Reporting System
Department of Defense
Department of Defense instruction
Department of Defense directive
date of rank
direct reporting unit
extended active duty
Equal Employment Opportunity
equal opportunity advisor
Equal Opportunity Action Plan
Equal Opportunity Representative
Equal Opportunity Representative Course
Equal Opportunity Reporting System
expiration of term of service
Family advocacy program manager
Freedom of Information Act
Family Readiness Groups
full time national guard duty
general of the Army
General Court-Martial Convening Authority
General Officer Command
general officer steering committee
health care provider
human immunodeficiency virus
Health Insurance Portability and Accountability Act
health promotion officer
Headquarters, Department of the Army
Human Resources Command
Human Relations Readiness Training
U.S. Army Installation Management Command
individual ready reserve
installation victim advocate
Joint Forces Headquarters
Joint Personnel Adjudication System
line of effort
U.S. Army Medical Command
military construction, Army
military construction, Army Reserve
Manual for Courts-Martial
Military Equal Opportunity Climate Survey
memorandum of agreement
military occupational specialty
memorandum of understanding
Military Rules of Evidence
major subordinate command
medical treatment facility
multiple unit training assembly
National Guard Bureau
National Guard regulation
Office of the Chief, Army Reserve
Office of the Chief of Chaplains
outside continental United States
Office of Management and Budget
Office of the Provost Marshal General
Office of the Judge Advocate General
Office of The Surgeon General
program assessment rating tool
permanent change of station
private first class
professional military education
Provost Marshal's Office
Prevention of Sexual Harassment
private enlisted two
Quarterly Narrative and Statistical Report
quarterly training brief
Reserve Officer's Training Corps
restricted reporting control number
regional support command
Secretary of the Army
Sexual Assault Data Management System
sexual assault forensic examination
sexual assault prevention and response
sexual assault review board
sexual assault response coordinator
staff assistance visit
sergeant first class
Standard Installation/Division Personnel System
staff judge advocate
Sergeant Major of the Army
skill qualifications identifier
Senior Review Group
Total Army Family Program
table of distribution and allowances
temporary disability retired list
table(s) of organization and equipment
troop program unit
U.S. Army Training and Doctrine Command
The Surgeon General
temporary tour of active duty
Uniform Code of Military Justice
U.S. Army Community and Family Support Center
U.S. Army Criminal Investigation Command
U.S. Army Public Health Command
U.S. Army Reserve
U.S. Army North
United States Code
United States Military Academy
unit victim advocate
Vice Chief of Staff, Army
warrant officer candidate
warrant officer one
yearly training brief
Specific action or task undertaken to eliminate or neutralize a problem and to achieve an objective. Information needed includes the agency taking action, a completion date, and an established goal.
Consists of RA Soldiers on AD; ARNGUS and Army Reserve Soldiers on AD (except as excluded below); ARNG Soldiers in the Service of the United States pursuant to a call; and all persons appointed, enlisted, or inducted into the Army without component.
Full-time duty in the active military Service of the United States, including full-time training duty; AT duty; attendance while in the active military Service, at a school designated as a service school by law or by secretary of the military department concerned. This term does not include FTNGD.
The status of a member of a RC not in the inactive ARNG, on inactive status list, or in the retired Reserve.
Affirmative action plan
A management document that consists of statements of attainable goals and timetables. This document is required of all Army organizations, commands, agencies, and activities down to brigade (or equivalent) level. It is designed to achieve EO for all military personnel.
Army National Guard
The Army portion of the recognized militia of the several states, Commonwealth of Puerto Rico and District of Columbia whose units and members are federally recognized.
Army National Guard of the United States
A RC of the Army, all of whose members are members of the ARNG.
Chain of command
The sequence of commanders in an organization who have direct authority and primary responsibility for accomplishing he assigned unit mission while caring for personnel and property in their charge.
A nonmilitary office involving the exercise of the powers of authority of civil Government, to include elective or an appointed office in the Government, a U.S. territory or possession, State, county, municipality, or official subdivision thereof.
Command levels of support
Command levels of support are the HQDA determined levels for the common services that are provided by a garrison. Command levels of support refers to the method by which IMCOM directs all garrisons to deliver specific elements of installation support services (Service Support Programs (SSPs)) at a HQDA approved pre-determined level of service. This strategy is aimed at achieving standardization of installation services across the Army through equitable distribution of resources and garrison accountability for service delivery performance.
A Soldier, military Family member, or civilian employee of the Army who submits a complaint.
Date of rank
The date on which an officer or enlisted Soldier actually or constructively was appointed in a particular grade. The date will be calculated on the basis of criteria established in this regulation and is the first rule for determining relative seniority for officers and enlisted holding the same grade.
Deployable sexual response coordinator
Deployable SARC are Soldiers appointed on orders assigned at brigade/unit of action and higher levels of command who are designated and trained to assume the duties of the SARC during deployments.
A Soldier (AA or RC) married to another Service member (AA or RC) of the Army, Air Force, Navy, Marines, or Coast Guard. A dual-military parent is one who shares with his/her military spouse all parental responsibilities for Family members acquired through birth or legal decree who are in physical custody of the Service member and who are under the age of 19 years or who are beyond 19 years but are mentally or physically incapable of self care.
Emergency essential civilian employee
A U.S. citizen currently employed to occupy and discharge the duties of an emergency essential civilian position. The individual may work in either an overseas activity assigned a mobilization mission, or in a CONUS organization and be positioned in the event of hostilities or a crisis situation. Such employees are expected to sign a "DOD Civilian Employee Oversees Emergency-Essential Position Agreement."
Consideration and treatment based upon merit, fitness, and capability irrespective of race, religion, color, gender, or national origin.
Equal opportunity advisors
Officers and NCOs serving in full-time EO positions, at brigade (or equivalent) level, or higher. In addition to military EOAs, DA civilian employees may be officially assigned to military EO program duties according to applicable position classification standards and guidelines.
An entity that either recognizes itself or is recognized as such by the community at large. Specifically, any corporation, partnership, school, training center, or educational institution, club, fraternal, social, or political group.
The quality of being distinguishable from the general population on the basis of actual or perceived cultural criteria such as language, religion, and more. For purposes of this regulation, ethnic origin is included within the meaning of national origin.
Extended active duty
AD under a call or order performed by a member of ARNGUS or USAR when end strength accountability passes from the ARNG or USAR to the AA.
A child under the age of 19 or any other member who depends upon the sponsor for total support and or care.
Any service in connection with a civil office that is likely to interfere with regular military duties.
An objective based on realistic, measurable prospects of attainment.
A step or degree in a graduated scale of office or rank that is established and designated as a grade by law or regulation. For example, second lieutenant (2LT), captain (CPT), sergeant first class (SFC), chief warrant officer two (CW2) are grades.
An IMCOM unit that provides appropriate and equitable services in accordance with HQDA directed CLS to all tenants, Soldiers, other Service Members, Families, and Civilians in the garrison area of responsibility (AOR).
Denying or attempting to deny housing to Army personnel because of race, religion, color, gender, or national origin. Housing of unmarried personnel on the basis of gender (for example, female-only or male-only barracks) is not considered discriminatory within the interest of this regulation.
An aggregation of contiguous or near contiguous, real property holding commanded by a centrally selected commander. Installations represent management organizations. An installation may be made of one or more sites.
Installation victim advocate
The IVA are Department of Army (DA) civilian or contract employees trained to provide advocacy services to victims of sexual assault. The IVA reports directly to the sexual assault response coordinator (SARC) for sexual assault cases. At locations where the FAPM performs SARC duties, the IVA will report directly to the FAPM.
Different treatment of individuals in an organization that occurs based on race, religion, color, gender, or national origin; results from the normal functioning of the organization; or operates to the consistent disadvantage of a particular group.
Any group distinguished from the general population in terms of race, religion, color, gender, or national origin.
Nonpartisan political activity
Activity supporting or relating to candidates not representing, or issues not specifically identified with, national or State political parties and associated or ancillary organizations. Issues relating to Constitutional amendments, referendums, approval of municipal ordinances, and others of similar character and are not considered under this regulation as specifically being identified with national or State political parties.
Any appointment in a Reserve or regular component of the Armed Forces that is neither a promotion nor a demotion. Officers may receive more than one "original appointment."
Other sex-related offenses
All other sexual acts or acts in violation of the UCMJ that do not meet the definition of sexual assault, or the definition of sexual harassment as promulgated in DOD Directive 1350.2, DOD Military Equal Opportunity. Examples of other sex-related offenses could include indecent acts with another and adultery. (For the specific articles of sexual assault offenses under the UCMJ, see the MCM).
Partisan political activity
Activity supporting or relating to candidates representing, or issues specifically identified with, national or State political parties and associated or ancillary organization.
Personal racism, sexism, or bigotry
The acting out of prejudices by an individual or group of individuals against another individual or group because of race, religion, color, gender, or national origin.
Placement on the active duty list
The date on which a commissioned officer entered on AD on their current tour of service on the AD list.
The order of precedence among members of the Armed Forces. Military rank among officers of the same grade or of equivalent grade is determined by comparing dates of rank. An officer whose DOR is earlier that the DOR of another officer of the same or equivalent grade is senior to that officer.
Restricted reporting allows a Soldier who is a sexual assault victim, on a confidential basis, to disclose the details of his/her assault to specifically identified individuals and receive medical treatment and counseling, without triggering the official investigative process. Soldiers who are sexually assaulted and desire restricted reporting under this policy should report the assault to the SARC, VA, chaplain, or a healthcare provider.
An officer designated on orders from HQDA as the senior commander of an installation. Normally the senior general officer at the installation. The SC's mission is the care of Soldiers, Families, and Civilians, and to enable unit readiness. While the delegation of senior command authority is direct from HQDA, the SC will routinely resolve installation issues with IMCOM and, as needed, the associated ACOM, ASCC, or DRU.
Senior regularly assigned Army officer
The officer whose appointed place of duty is the company, battalion or brigade to which assigned. If the company commander is absent, the executive officer, if he/she is the senior officer who performs duty in the company, will assume command. Likewise, if the battalion commander is absent, the senior officer assigned to the battalion (normally the executive officer) will assume command. If an officer is senior to the executive officer and is assigned to the company or battalion, but who works in the division headquarters or a maintenance unit, the executive officer would still assume command.
Sexual assault is a crime defined as intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts. Sexual assault can occur without regard to gender or spousal relationship or age of victim. "Consent" will not be deemed or construed to mean the failure by the victim to offer physical resistance. Consent is not given when a person uses force, threat of force, or coercion or when the victim is asleep, incapacitated, or unconscious.
A Soldier who is the responsible adult who by reason of birth or legal decree, has physical custody of and the legal and moral responsibility to provide for the care and Well-being of a child under the age of 19 years or for a person beyond 19 years of age who is mentally or physically incapable of self care. Persons who fit this category are generally regarded as parents with full or joint custody of children, and who are unmarried, divorced, widowed, or residing apart from their spouse.
A physically defined location which can be supported by a legal boundary survey which closes a polygon. It can be owned, leased, or otherwise possessed or used. A site may exist in one of three forms: land only; facility or facilities only; or land and all facilities on it. A site is a sum of all real property at a specific location.
The husband or wife of a Soldier. If such person is also in the military Service, see the term, "dual military couple."
Refers to the subject of a complaint.
In the context of the support command relationship, the commander who receives assistance from another commander's force or capabilities, and who is responsible for ensuring that the supporting commander understands the assistance required.
In the context of a support command relationship, the commander who aids, protects, complements, or sustains another commander's force, and who is responsible for providing the assistance required by the supported commander.
The Army, Navy, Air Force, Marine Corps, Coast Guard, the Commissioned Corps of the Public Health Service, and the Commissioned Corps of the National Oceanic and Atmospheric Administration.
Unrestricted reporting allows a Soldier who is sexually assaulted and desires medical treatment, counseling, and an official investigation of his/her allegation to use current reporting channels (for example, the chain of command or law enforcement), or he/she may report the incident to the SARC or the on-call VA. Upon notification of a reported sexual assault, the SARC will immediately notify a VA. Additionally, with the victim's consent, the healthcare provider will conduct a forensic examination, which may include the collection of evidence. Details regarding the incident will be limited to only those personnel who have a legitimate need to know. (See appendix H for a detailed explanation of restricted and unrestricted reporting.)
Two types of "virtual" installations exist within the Army. The ARNG has virtual installations, identified as each state commanded by the Adjutant General, under which are Readiness Centers or sites. Army Reserve Support Commands are, likewise, defined as virtual installations under which Reserve Centers are identified as sites.
Methods used to achieve the objectives of the EO Program. Process, activities, and systems designed to identify, eliminate, prevent, and work to overcome the effects of unlawful discriminatory treatment as it affects the recruitment, training, assignment, utilization, promotion, retention, and separation of military personnel.
An allegation of unlawful discrimination based on race, color, national origin, religion, or sex.
Allegations of unlawful discrimination or sexual harassment that do not require written documentation. These complaints may be voiced to the offending party, to someone in a position of authority, or both. The intention is that the offending behavior will cease with no further action required.
Allegation of unlawful discrimination or sexual harassment that is submitted in writing to proper authority and processed through official complaint channels.
A member of the military who submits a complaint of unlawful discrimination.
Illegal, arbitrary treatment of a person or group based on race, color, national origin, religion, or sex.
The right of all persons to participate in and benefit from programs and activities for which they are qualified. These programs and activities will be free from social, personal, or institutional barriers that prevent people from rising to the highest level of accountability possible. Persons will be evaluated only on individual merit, fitness, capability, and potential, regardless of race, color, sex national origin, or religion, except as prescribed by statute, or other Service policy.
A segment of the population that possesses common characteristics and a cultural heritage based to some degree on: faith or faiths; shared traditions, values or symbols; literature, folklore, or music; an internal sense of distinctiveness; and/or an external perception of distinctiveness.
Ethnic and racial categories
The basic racial and ethnic categories for DOD reporting are defined as follows: American Indian or Alaskan Native-a person having origins in the original peoples of North America; Asian or Pacific Islander-a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands (this area includes China, India, Japan, Korea, the Philippine Islands, and Samoa); Black (not of Hispanic origin) a person having origins in any of the original peoples of Africa; Hispanic-a person having origins in any of the original peoples of Mexico, Puerto Rico, Cuba, or Central or South America, or of other Spanish cultures, regardless of race; White (not of Hispanic origin) a person having origins in any of the original peoples of Europe, North Africa, or the Middle East.
Legal sufficiency review
A review of an investigation into a discrimination complaint to determine whether the investigation complies with all applicable legal and administrative requirements; the investigation adequately addresses the matters complained of; the evidence supports the findings of the investigating officer or board; the conclusions and recommendations of the investigating officer or board are consistent with the findings; and any errors or irregularities exist, and if so, their legal effect.
An individual's or ancestor's place of origin. Also applies to a person who has the physical, cultural, or linguistic characteristics of a national group.
A lawful communication to any member of the chain of command, a Member of Congress, an Inspector General or any member of a DOD audit, inspection, or law enforcement organization, including any office or command official designated to receive EO complaints from Service members, in which a military member makes a complaint or discloses information that he or she reasonably believes evidences a violation of law or regulation, gross mismanagement, a gross waste of funds, a gross abuse of authority, or a substantial and specific danger to public health or safety.
A division of humans identified by the possession of traits that are transmissible by descent and that are sufficient to characterize as a distinctive human type.
A personal set or institutionalized system of attitudes, moral or ethical beliefs, and practices that are held with the strength of traditional religious views, characterized by ardor or faith, and generally evidenced through specific religious observances.
Taking or threatening to take an unfavorable personnel action or withholding or threatening to withhold a favorable personnel action, or any other act of retaliation, against a military member for making or preparing a protected communication.