UNCLASSIFIED// ATTENTION INVITED TO ROUTINE R 082110Z DEC 11 PSN 677165K32 FM CNO WASHINGTON DC TO NAVADMIN ZEN//OU=DOD/OU=NAVY/OU=ADDRESS LISTS(UC)/CN=AL NAVADMIN(UC) INFO CNO WASHINGTON DC BT UNCLAS QQQQ SUBJ: CHANGE TO U.S. NAVY REGULATIONS IN LIGHT OF U.S. V. SERIANNE// UNCLASSIFIED/ PASS TO ALL OFFICES CODES: FM CNO WASHINGTON DC// TO NAVADMIN// UNCLAS// NAVADMIN 373/11// MSGID/GENADMIN/CNO WASHINGTON DC/-/DEC// SUBJ/CHANGE TO U.S. NAVY REGULATIONS IN LIGHT OF U.S. V. SERIANNE// REF/A/MSG/SECNAV/211456ZJUL10// REF/B/DOC/1990// REF/C/MSG/SECNAV/291741ZAUG08// REF/D/DOC/OPNAV/30MAR09// REF/E/DOC/OPNAV/4JUN09// REF/F/DOC/OPNAV/11APR94// REF/G/DOC/OPNAV/9APR07// REF/H/DOC/OPNAV/6JAN04// REF/I/DOC/OPNAV/4MAR10// REF/J/DOC/OPNAV/10JUL08// NARR/REF A IS ALNAV 049/10 CHANGE TO U.S. NAVY REGULATIONS IN LIGHT OF U.S. V. SERIANNE. REF B IS U.S. NAVY REGULATIONS, 1990. REF C IS ALNAV 067/08 SELF- REPORTING OF CRIMINAL CONVICTIONS BY OFFICERS AND SENIOR ENLISTED MEMBERS. REF D IS OPNAVINST 1330.2A, NAVY CAREER INTERMISSION PILOT PROGRAM GUIDELINES. REF E IS OPNAVINST 5350.4D, NAVY ALCOHOL AND DRUG ABUSE PREVENTION AND CONTROL. REF F IS OPNAVINST 3120.32C, STANDARD ORGANIZATION AND REGULATIONS OF THE NAVY. REF G IS OPNAVINST 1300.14D, SUITABILITY SCREENING FOR OVERSEAS AND REMOTE DUTY ASSIGNMENT. REF H IS OPNAVINST 1500.64C, APPLICATION FOR ATTENDANCE AT THE FEDERAL BUREAU OF INVESTIGATION NATIONAL ACADEMY. REF I IS OPNAVINST 1500.75B, POLICY AND PROCEDURES FOR CONDUCTING HIGH RISK TRAINING. REF J IS OPNAVINST 1700.9E, CHILD AND YOUTH PROGRAM.// POC/D. HARRISON/CAPT, JAGC, USN/OJAG (CODE 20)/LOC: 1254 CHARLES MORRIS STREET, SE, WASHINGTON NAVY YARD, DC/EMAIL: DAVE.HARRISON(AT)NAVY.MIL/TEL: (202)685-7057, DSN 325-7057// RMKS/1. THIS NAVADMIN AMPLIFIES REF A, WHICH REVISED ARTICLE 1137 TO REF B TO INCORPORATE AND EXTEND REF C. THIS NAVADMIN ALSO AMENDS REFS D THROUGH J, AS NOTED BELOW. 2. CRIMINAL CONVICTIONS. PER REF A, U.S. NAVY REGULATIONS NOW REQUIRE THAT ALL PERSONS IN THE NAVAL SERVICE SELF-REPORT CRIMINAL CONVICTIONS, INCLUDING FOREIGN CONVICTIONS. 3. CIVILIAN ARRESTS AND CRIMINAL CHARGES. PARAGRAPH 3 OF REF B ARTICLE 1137 AUTHORIZES THE CHIEF OF NAVAL OPERATIONS (CNO) TO PROMULGATE INSTRUCTIONS REQUIRING SERVICE MEMBERS TO SELF-REPORT CIVILIAN ARRESTS OR CRIMINAL CHARGES IF THOSE INSTRUCTIONS SERVE A REGULATORY OR ADMINISTRATIVE PURPOSE (AS COMPARED TO A PUNITIVE PURPOSE). THIS CHANGE RESPONDED TO THE DECISION BY THE COURT OF APPEALS FOR THE ARMED FORCES IN U.S. V. SERIANNE, IN WHICH THE COURT INVALIDATED A SELF-REPORTING REQUIREMENT. 4. REVIEW OF SELF-REPORTING REQUIREMENTS IN OPNAV INSTRUCTIONS. BASED ON A REVIEW OF ALL CURRENT OPNAV INSTRUCTIONS, THE FOLLOWING GUIDANCE IS PROVIDED TO CLARIFY REQUIREMENTS BASED ON THE REVISIONS IN REF A. (NOTE: THE FOLLOWING LIST DOES NOT INCLUDE SECNAV INSTRUCTIONS.) A. REF D, PARAGRAPH 5.D(12), CONTAINS A REQUIREMENT TO SELF-REPORT ARRESTS THAT APPLIES THROUGHOUT THE PERIOD OF PROGRAM PARTICIPATION. THAT PROVISION, CONSISTENT WITH REF A, IS BASED ON A LEGITIMATE ADMINISTRATIVE REQUIREMENT AND REMAINS IN EFFECT. B. THE SELF-REPORTING REQUIREMENT OF REF E, PARAGRAPH 8.R, IS CANCELED. C. THE SELF-REPORTING REQUIREMENT OF REF F, IS AMENDED BY REPLACING CURRENT PARAGRAPH 510.6 WITH NEW PARAGRAPH 510.6 (IN UPPERCASE ITALICS TO REMAIN A GENERAL ORDER THAT APPLIES WITHOUT FURTHER IMPLEMENTATION) AS FOLLOWS: ANY PERSON ARRESTED OR CRIMINALLY CHARGED BY CIVIL AUTHORITIES SHALL IMMEDIATELY ADVISE THEIR IMMEDIATE COMMANDER OF THE FACT THAT THEY WERE ARRESTED OR CHARGED. THE TERM ARREST INCLUDES AN ARREST OR DETENTION, AND THE TERM CHARGED INCLUDES THE FILING OF CRIMINAL CHARGES. PERSONS ARE ONLY REQUIRED TO DISCLOSE THE DATE OF ARREST/CRIMINAL CHARGES, THE ARRESTING/CHARGING AUTHORITY, AND THE OFFENSE FOR WHICH THEY WERE ARRESTED/CHARGED. NO PERSON IS UNDER A DUTY TO DISCLOSE ANY OF THE UNDERLYING FACTS CONCERNING THE BASIS FOR THEIR ARREST OR CRIMINAL CHARGES. DISCLOSURE IS REQUIRED TO MONITOR AND MAINTAIN THE PERSONNEL READINESS, WELFARE, SAFETY, AND DEPLOYABILITY OF THE FORCE. DISCLOSURE OF ARREST/CRIMINAL CHARGES IS NOT AN ADMISSION OF GUILT AND MAY NOT BE USED AS SUCH, NOR IS IT INTENDED TO ELICIT AN ADMISSION FROM THE PERSON SELF-REPORTING. NO PERSON SUBJECT TO THE UNIFORM CODE OF MILITARY JUSTICE (UCMJ) MAY QUESTION A PERSON SELF-REPORTING AN ARREST/CRIMINAL CHARGES REGARDING ANY ASPECT OF THE SELF-REPORT, UNLESS THEY FIRST ADVISE THE PERSON OF THEIR RIGHTS UNDER UCMJ ARTICLE 31(B). 5. SEVERAL INSTRUCTIONS INDICATE THAT SERVICE MEMBERS MAY BE ASKED ABOUT ARRESTS OR CRIMINAL CHARGES AS PART OF A SPECIFIC APPLICATION OR SCREENING PROCESS. THOSE PROVISIONS ARE VALID WHETHER ISSUED BY CNO, OR OTHER COMPETENT AUTHORITY. THEREFORE, REFS G THROUGH J REMAIN IN EFFECT. 6. GUIDANCE ON DISCIPLINARY ACTION. A. COMMANDERS SHALL NOT IMPOSE DISCIPLINARY ACTION FOR FAILURE TO SELF- REPORT AN ARREST OR CRIMINAL CHARGES PRIOR TO ISSUANCE OF THIS NAVADMIN. IN ADDITION, COMMANDERS SHALL NOT IMPOSE DISCIPLINARY ACTION FOR THE UNDERLYING OFFENSE UNLESS SUCH ACTION IS BASED SOLELY ON EVIDENCE DERIVED INDEPENDENTLY OF THE SELF-REPORT. CONSULT A JUDGE ADVOCATE PRIOR TO IMPOSING DISCIPLINARY ACTION IN SUCH CASES. B. PER THIS NAVADMIN, COMMANDERS MAY IMPOSE DISCIPLINARY ACTION FOR FAILURE TO SELF-REPORT AN ARREST OR CRIMINAL CHARGES. HOWEVER, WHEN A SERVICE MEMBER DOES SELF-REPORT PURSUANT TO A VALID SELF-REPORTING REQUIREMENT, COMMANDERS WILL NOT IMPOSE DISCIPLINARY ACTION FOR THE UNDERLYING OFFENSE UNLESS SUCH DISCIPLINARY ACTION IS BASED SOLELY ON EVIDENCE DERIVED INDEPENDENTLY OF THE SELF-REPORT. COMMANDERS SHOULD CONSULT A JUDGE ADVOCATE PRIOR TO IMPOSING DISCIPLINARY ACTION. 7. COMMANDERS SHALL ENSURE THEIR INSTRUCTIONS DO NOT INCLUDE ADDITIONAL SELF- REPORTING REQUIREMENTS. HOWEVER, COMMANDERS OR PROGRAM MANAGERS MAY CONTINUE TO REQUEST INFORMATION ON ARRESTS OR CRIMINAL CHARGES AS PART OF AN APPLICATION OR SCREENING PROCESS, AS DESCRIBED IN PARAGRAPH 5 ABOVE. 8. RELEASED BY ADMIRAL GREENERT, CHIEF OF NAVAL OPERATIONS.// BT #1504 NNNN UNCLASSIFIED//