CHANGE TO U.S. NAVY REGULATIONS IN LIGHT OF U.S. V. SERIANNE

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

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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//
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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.//

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