UNCLASSIFIED// ROUTINE R 202212Z JUL 10 BT UNCLAS SUBJ/CHANGE TO U.S. NAVY REGULATIONS IN LIGHT OF U.S. VERSUS SERIANNE// FM SECNAV WASHINGTON DC TO ALNAV UNCLAS ALNAV 047/10 MSGID/GENADMIN/SECNAV WASHINGTON DC/-/JUL// REF A/MSG/ALNAV 047/10 REF B/U.S. NAVY REGULATIONS, 1990 REF C/MSG/ALNAV 067/08// NARR/REF A IS CHANGE TO U.S. NAVY REGULATIONS IN LIGHT OF U.S. V. SERIANNE. REF B IS U.S. NAVY REGULATIONS, 1990. REF C IS SELF- REPORTING OF CRIMINAL CONVICTIONS BY OFFICERS AND SENIOR ENLISTED MEMBERS.// POC/ERIN E. STONE/CAPT, JAGC, USN/CNO (N09D)/LOC: 1000 NAVY PENTAGON, WASHINGTON, DC/EMAIL: ERIN.STONE(AT)NAVY.MIL/TEL: 703-695- 3480, DSN 225- 3480// RMKS/1. THIS MARADMIN AMPLIFIES REF A WHICH REVISES ARTICLE 1137 TO REF B. THIS CHANGE IS EFFECTIVE IMMEDIATELY. 2. PER REF B, THE SECRETARY OF THE NAVY, CHIEF OF NAVAL OPERATIONS, AND COMMANDANT OF THE MARINE CORPS MAY PROMULGATE REGULATIONS OR INSTRUCTIONS THAT REQUIRE SERVICEMEMBERS TO REPORT CIVILIAN ARRESTS OR FILING OF CRIMINAL CHARGES IF THOSE REGULATIONS OR INSTRUCTIONS SERVE A REGULATORY OR ADMINISTRATIVE PURPOSE. SPECIFICALLY: A. PARAGRAPH 2 OF THE REVISED ARTICLE 1137 INCORPORATES PROVISIONS OF REF C AND EXTENDS THEM TO FOREIGN CONVICTIONS AND TO ALL PERSONS IN THE NAVAL SERVICE. B. DISCIPLINARY ACTION RELATED TO SELF-REPORT OF ARREST BY CIVILIAN AUTHORITIES OR FILING OF CRIMINAL CHARGES: (1) FOR ARRESTS OR CHARGES FILED PRIOR TO THE RELEASE OF THIS MESSAGE, AND WHEN SELF-REPORTING OF SUCH ARREST OR CHARGE WAS REQUIRED BY REGULATION OR INSTRUCTION, COMMANDERS SHALL NOT IMPOSE DISCIPLINARY ACTION FOR FAILURE TO SELF-REPORT OR BASED SOLELY ON INFORMATION DERIVED FROM THE SELF-REPORT. (2) FOR ARRESTS OR CHARGES FILED AFTER THE RELEASE OF THIS MESSAGE, COMMANDERS MAY IMPOSE DISCIPLINARY ACTION BASED ON A FAILURE TO SELF-REPORT WHEN A REPORTING REQUIREMENT CONTAINED IN A REGULATION OR INSTRUCTION SERVES A REGULATORY OR ADMINISTRATIVE PURPOSE RATHER THAN A PUNITIVE PURPOSE. COMMANDERS MAY ALSO IMPOSE DISCIPLINARY ACTION FOR THE UNDERLYING OFFENSE IF BASED SOLELY ON EVIDENCE DERIVED INDEPENDENTLY OF A SELF-REPORT. CONSULT WITH A JUDGE ADVOCATE WITH ANY QUESTIONS PRIOR TO IMPOSING DISCIPLINARY ACTION. 3. ACTION. THE ASSISTANT SECRETARY OF THE NAVY (MANPOWER AND RESERVE AFFAIRS) WILL REVIEW EXISTING SECNAV REGULATIONS AND INSTRUCTIONS, AND THE CHIEF OF NAVAL OPERATIONS AND THE COMMANDANT OF THE MARINE CORPS WILL REVIEW EXISTING OPNAV INSTRUCTIONS AND MARINE CORPS ORDERS, RESPECTIVELY. THESE REVIEWS WILL DETERMINE WHETHER THERE IS A REGULATORY OR ADMINISTRATIVE PURPOSE TO JUSTIFY CERTAIN INSTRUCTIONS (E.G., OPNAVINST 1330.2, NAVY CAREER INTERMISSON PILOT PROGRAM GUIDELINES) TO REQUIRE SELF-REPORTING OF CIVILIAN ARRESTS OR FILING OF CRIMINAL CHARGES AND TO PROMULGATE SUCH INSTRUCTIONS AND REGULATIONS, AS REQUIRED. LOCAL COMMANDERS SHALL ENSURE LOCAL INSTRUCTIONS DO NOT INCLUDE A SELF- REPORTING REQUIREMENT. 4. RELEASED BY RAY MABUS, SECRETARY OF THE NAVY. BT #0001 NNNN