EXPEDITED TRANSFER PROCEDURES FOR SERVICE MEMBERS WHO FILE UNRESTRICTED REPORTS OF SEXUAL ASSAULT

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NAVADMIN 132/12

MSGID/GENADMIN/CNO WASHINGTON DC/N1/APR//

SUBJ/EXPEDITED TRANSFER PROCEDURES FOR SERVICE MEMBERS WHO FILE 
UNRESTRICTED REPORTS OF SEXUAL ASSAULT//



REF/A/DOC/DOD/16DEC11//
REF/B/DOC/SECNAV/04APR12//
REF/C/DOC/NPC/20FEB07//
REF/D/DOC/DOD/23JAN12//
NARR/REF A IS DIRECTIVE-TYPE MEMORANDUM 11-063, EXPEDITED TRANSFER OF MILITARY 
SERVICE MEMBERS WHO FILE UNRESTRICTED REPORTS OF SEXUAL ASSAULT.  REF B IS 
GUIDANCE FOR EXPEDITED TRANSFER OR REASSIGNMENT OF MILITARY SERVICE MEMBERS 
WHO FILE UNRESTRICTED REPORTS OF SEXUAL ASSAULT.  REF C IS MILPERSMAN 1300-
1200 CH-18, SAFETY TRANSFERS.  REF D IS DODD 6495.01, SEXUAL ASSAULT 
PREVENTION AND RESPONSE (SAPR) PROGRAM.//  

RMKS/1.  THIS NAVADMIN IMPLEMENTS THE GUIDANCE AND EXPLAINS THE PROCEDURES TO 
EXECUTE THE INSTRUCTIONS CONTAINED IN REFS A AND B.  CIRCUMSTANCES MAY EXIST 
THAT WARRANT THE TRANSFER OF A SERVICE MEMBER WHO MAKES AN UNRESTRICTED REPORT 
OF SEXUAL ASSAULT BUT MAY NOT OTHERWISE MEET ESTABLISHED CRITERIA FOR 
EFFECTING THE IMMEDIATE TRANSFER OF SERVICE MEMBERS.  THOSE SERVICE MEMBERS 
MAY NOW REQUEST AN EXPEDITED TRANSFER PER REFS A AND B.  REF C WILL BE UPDATED 
TO CONTAIN PROVISIONS REGARDING EXPEDITED TRANSFER AND SHALL BE THE GOVERNING 
INSTRUCTION FOR PROCESSES OF EXPEDITED TRANSFER.  ANY THREAT TO LIFE OR SAFETY 
OF A SERVICE MEMBER, HIS/HER DEPENDENTS, OR MILITARY SPOUSE SHOULD CONTINUE TO 
BE PROCESSED UNDER THE SAFETY 
TRANSFER PROVISION OF REF C.   

2.  FOR THE PURPOSE OF THE EXPEDITED TRANSFER POLICY, A TRANSFER OR 
REASSIGNMENT INCLUDES, BUT IS NOT LIMITED TO, TEMPORARY OR PERMANENT MOVEMENT 
TO A UNIT WITHIN THE SAME COMMAND, TO A UNIT ON THE SAME INSTALLATION, OR TO A 
UNIT IN A DIFFERENT GEOGRAPHIC LOCATION.  A REQUEST FOR A PERMANENT CHANGE OF 
STATION TRANSFER OUT OF THE AREA OF THE PERMANENT DUTY STATION IS TO BE 
GRANTED ON AN EXCEPTIONAL BASIS.  FOR RESERVE COMPONENT MEMBERS, THE COMMAND 
SHOULD ALLOW FOR SEPARATE TRAINING ON DIFFERENT WEEKENDS OR TIMES FROM THE 
ALLEGED OFFENDER OR WITH A DIFFERENT UNIT IN THE HOME DRILLING LOCATION TO 
ENSURE UNDUE BURDEN IS NOT PLACED ON THE SERVICE MEMBER AND HIS OR HER FAMILY 
BY THE TRANSFER. 
3.  PROCEDURES.  PER REF D, MEMBERS WHO HAVE FILED AN UNRESTRICTED REPORT OF 
SEXUAL ASSAULT MUST BE ADVISED OF THEIR OPTION TO REQUEST TRANSFER FROM THE 
COMMAND TO WHICH THEY ARE ASSIGNED.
    A.  A REQUEST FOR AN EXPEDITED TRANSFER MUST COME FROM THE SERVICE MEMBER.  
THE REQUEST MUST BE IN WRITING AND INCLUDE THE REASON(S) FOR THE REQUEST.  
    B.  UPON RECEIPT OF THE REQUEST, AND WITHIN 72 HOURS, THE COMMANDING 
OFFICER (CO) MUST APPROVE OR RECOMMEND DISAPPROVAL OF AN EXPEDITED TRANSFER.
    C.  IN MAKING THE DECISION ON WHETHER TO RECOMMEND TRANSFER, THE CO MUST 
DETERMINE IF THE UNRESTRICTED REPORT IS CREDIBLE. (I.E., REASONABLE GROUNDS TO 
BELIEVE THAT AN OFFENSE CONSTITUTING SEXUAL ASSAULT DID OCCUR BASED ON ALL 
AVAILABLE EVIDENCE AND THE ADVICE OF THE SUPPORTING JUDGE ADVOCATE OR OTHER 
LEGAL ADVISOR OR COUNSEL CONCERNED.)  
    D.  A PRESUMPTION SHALL BE ESTABLISHED IN FAVOR OF TRANSFERRING A SERVICE 
MEMBER (WHO INITIATED THE TRANSFER REQUEST) FOLLOWING A CREDIBLE REPORT OF 
SEXUAL ASSAULT.  THE CO SHALL CONSIDER THE FOLLOWING FACTORS WHEN MAKING THE 
TRANSFER DECISION: 
        (1) THE CREDIBLE REPORT OF SEXUAL ASSAULT;  
        (2) THE SERVICE MEMBER'S WRITTEN REQUEST FOR TRANSFER OR REASSIGNMENT; 
        (3) OPERATIONAL NECESSITY, INCLUDING SITUATIONAL UNIQUE REQUIREMENTS 
IN DEPLOYED AREAS;
        (4) THE NATURE AND CIRCUMSTANCES OF THE OFFENSE; 
        (5) THE LOCATION OF THE ALLEGED OFFENDER; 
        (6) POTENTIAL TRANSFER OR REASSIGNMENT OF THE ALLEGED OFFENDER INSTEAD 
OF THE SERVICE MEMBER;
        (7) THE ALLEGED OFFENDER'S STATUS (MILITARY OR CIVILIAN);
        (8) AFTER CONSULTATION WITH THE INVESTIGATING MILITARY CRIMINAL 
INVESTIGATIVE ORGANIZATION AND THE SUPPORTING JUDGE ADVOCATE OR OTHER LEGAL 
ADVISOR OR COUNSEL CONCERNED, THE STATUS OF THE INVESTIGATION AND THE 
POTENTIAL IMPACT OF THE SERVICE MEMBER'S TRANSFER OR REASSIGNMENT ON THE 
INVESTIGATION AND FUTURE DISPOSITION OF THE ALLEGATION;
        (9) TRAINING STATUS OF THE SERVICE MEMBER REQUESTING THE TRANSFER OR 
REASSIGNMENT; AND 
        (10) OTHER PERTINENT CIRCUMSTANCES OR FACTS.

4.  APPROVAL.  THE CO'S APPROVAL OF AN EXPEDITED TRANSFER REQUEST, ALONG WITH 
THEIR RECOMMENDATION AS TO WHERE THE MEMBER SHOULD BE TRANSFERRED, SHALL BE 
IMMEDIATELY FORWARDED TO THE NAVY PERSONNEL COMMAND (NPC) POST SELECTION BOARD 
MATTERS (PERS-833) FOR PROCESSING AND RETAINED ON FILE FOR A PERIOD OF 3 
YEARS.  NPC CAREER MANAGEMENT (PERS-4) WILL ADJUDICATE TRANSFER OF THE SERVICE 
MEMBER.

5.  DISAPPROVAL.  THE COMMANDING OFFICER MUST IMMEDIATELY FORWARD ANY 
RECOMMENDATION FOR DISAPPROVAL OF AN EXPEDITED TRANSFER REQUEST, AND THE 
REASON(S) FOR THE RECOMMENDATION, IN WRITING, TO THE FIRSTFLAG OFFICER IN THE 
CHAIN OF COMMAND, OR SENIOR EXECUTIVE SERVICE (SES) EQUIVALENT (IF 
APPLICABLE). 
    A.  A MEMBER'S REQUEST MAY ONLY BE DISAPPROVED BY THE FIRST FLAG OFFICER 
IN THE MEMBER'S CHAIN OF COMMAND, OR AN SES EQUIVALENT (IF APPLICABLE). 
    B.  THE FLAG OFFICER/SES MEMBER SHALL CONSIDER:
        (1) FACTORS (1) THROUGH (10) WHICH ARE DELINEATED FOR COMMANDERS 
ABOVE;
        (2) THE WRITTEN RECOMMENDATION FROM THE COMMANDER DISAPPROVING OF THE 
REQUEST; AND
        (3) ANY OTHER PERTINENT CIRCUMSTANCE(S) FROM THE FLAG OFFICER COMMAND 
PERSPECTIVE.
    C.  THE FLAG OFFICER/SES LEVEL DECISION MUST BE MADE WITHIN 72 HOURS OF 
RECEIPT OF THE COMMAND-LEVEL DISAPPROVAL RECOMMENDATION.
    D.  FLAG OFFICER/SES LEVEL APPROVED EXPEDITED TRANSFER REQUESTS SHALL BE 
IMMEDIATELY FORWARDED TO NPC PERS-833 FOR PROCESSING AND RETAINED ON FILE FOR 
A PERIOD OF 3 YEARS.  
    E.  FLAG OFFICER/SES LEVEL DISAPPROVED EXPEDITED TRANSFER REQUESTS SHALL 
BE IMMEDIATELY FORWARDED TO NPC PERS-833 AND RETAINED ON FILE FOR A PERIOD OF 
3 YEARS.    

6.  IF AT ANY TIME THE REQUESTING SERVICE MEMBER ELECTS NOT TO PROCEED WITH AN 
EXPEDITED TRANSFER REQUEST, HE OR SHE SHALL FORMALLY WITHDRAW THE REQUEST IN 
WRITING TO THE CO.  

7.  THESE PROCEDURES ARE EFFECTIVE IMMEDIATELY AND WILL REMAIN IN EFFECT 
UNLESS SUPERSEDED BY REVISIONS TO OPNAVINST 1752.1B AND THE MILPERSMAN.  
AMPLIFYING INFORMATION CAN BE FOUND IN MILPERSMAN ARTICLE 1300-1200. 

8.  SEXUAL ASSAULT PREVENTION AND RESPONSE IS A KEY COMPONENT OF THE READINESS 
FOCUS AREA OF SECNAV'S 21ST CENTURY SAILOR AND MARINE INITIATIVE, WHICH IS 
DESIGNED TO MAXIMIZE SAILOR AND MARINE PERSONAL READINESS, MAINTAIN THE 
RESILIENCY OF THE FORCE, AND TO HONE THE MOST COMBAT EFFECTIVE FORCE.

9.  POINT OF CONTACT:  PERS-833 AT COMM (901) 874-4412 OR DSN 
882-4438.

10.  RELEASED BY VICE ADMIRAL S. R. VAN BUSKIRK, N1.//

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