Navy Cyberspace Surface Ship Website Header

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

NAVADMIN 373/11

Updated: December 9, 2011
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//



8 Responses to “NAVADMIN 373/11”


  1. Guillermo says:

    What does this mean? The self reporting requirement is unclear. If a sailor self reports himself, does that mean the information of the self report cannot be used against him for punitive actions. What would be evidence derived seperately from the self report? Would it be the Police report?

  2. NCCM(RET) says:

    Guillermo,

    No. All it means is that if you get arrested, you have a responsibility to inform your chain of command of the arrest and charge as soon as possible – you do not have to provide the details of the alleged crime unless you wish to because those facts may be used against you if the charge could also prosecuted under the UCMJ, but you do have to provide the details of the arrest (who, what, where, when, what).

  3. Tiff says:

    Question:

    So if a sailor was arrested before the NAVADMIN, but did not go to court until some months after the NAVADMIN and the sailor did not report, does that still qualify as something that should be self reported? And can the command take the sailor to NJP for failing to report? And if they can, does the command still need to contact the JAG or ISIC?

  4. NCCM(Ret) says:

    Tiff,

    If the Sailor was pending a charge that was not divulged when the NAVADMIN came out, then the Sailor should have divulged the charge as soon as the NAVADMIN came out. Failing to report is a violation of the written guidence and a violation of the UCMJ, so yes, the Sailor could be taken to NJP. Most commanding Officers will bounce the NJP off of the JAG if they have one, but are not required to.

  5. Bob says:

    What if the charge is punishable under the UCMJ, and was self reported?

  6. NCCM(Ret) says:

    Bob,

    I am not sure of what you are asking. If arrested, then a report must be made of the arrest to the chain of command.

  7. Mitchell says:

    I am confused. If a sailor reports to the command of a DUI the three elements date, authority and charge. The command finds out the BAC from other means e.g. a police report from off base. (request for records or FOIA request) The command cannot take punitive actions against the Sailor? To me this isn’t fair to not hold a service member accountable for misconduct. Can this translate to other crimes e.g. domestic violence, rape or murder? What is the difference if it falls under the self reporting umbrella? Just trying to understand. Thanks in advance!!

  8. NCCM(Ret) says:

    Mitchell,

    I am not a JAG or Legalman, but I read this to say that if a Servicemember is arrested, they must inform their command that the arrest occurred. If someone is arrested on a drug charge for instance and the command clears it through JAG, I suppose the command will have probable cause for a urinalysis, and if that came back hot, they can proceed down that path which is separate from the civilian charge(s). I assume, also, that other administrative avenues are open — I would think one’s security clearance could be pulled or suspended while awaiting court action. If the Servicemember was in jail for three days which caused an unauthorized absence, I would think the command can adjudicate that issue which is separate from the civilian action.

    Hopefully, a Navy JAG or Legalman will respond to the question.

Leave a Reply

Before asking a question, please read the article and comments -- your question may already be answered! Here is a site search to assist you:

A Navy recruiting blog that delves into the military enlistment process and benefits of service. This is NOT an official United States Navy or government web site. The opinions expressed are my own, and may not be in-line with any branches of the government or military.

©Navy Cyberspace. All Rights Reserved.

Unless otherwise noted, content written by Thomas Goering, NCCM USN(RET).

Terms of Service and Privacy Policy