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Army Regulation 600-20

Personnel-General

Army Command Policy

Headquarters

Department of the Army

Washington, DC

30 March 1988

SUMMARY of CHANGE

AR 600-20

Army Command Policy

This revision consolidates AR 600-20, AR 600-21, AR 600-80, and HQDA Letter 600-87-1. It-

Changes the grade of rank of "Specialist 4" to "Specialist" (table 1-1).

Provides policy guidance on performance counseling (para 2-1g).

Clarifies the procedure on designation of junior in the same grade to command (para 2-5c).

Provides additional policy guidance concerning relationships between soldiers of different rank (chap 4, Sec II).

Contains policy guidance on soldier membership and participation in extremist groups (para 4-12).

Contains policy guidance concerning English as the operational language of the Army, and recognizes soldiers' rights to converse in language of choice during personal conversation (para 4-13).

Revises policy on pregnancy and family care counseling to include all soldiers (officer and enlisted) who are pregnant, dual-service parents, or single parents (para 5-5).

Provides policy for the on-post distribution of non-Government printed materials (para 5-9).

Headquarters

Department of the Army

Washington, DC

30 March 1988

Personnel-General

*Army Regulation 600-20

*This regulation supersedes AR 600-20, 20 August 1986; AR 600-21, 30 April 1985; AR 600-60, 3 January 1978; and HQDA LTR 600-87-1, 30 October 1987.

Effective 29 April 1988

Army Command Policy

This UPDATE printing publishes a revision that is effective 29 April 1988. Because the structure of the entire revised text has been reorganized, no attempt has been made to highlight changes from the earlier regulation dated 20 August 1986.

By Order of the Secretary of the Army:

CARL E. VUONO

General United States Army

Chief of Staff

Official:

R. L. DILWORTH

Brigadier General, United States Army

The Adjutant General

Summary. This regulation is a consolidation of several regulations that prescribe policy on basic responsibilities of command, military discipline and conduct, and enlisted aspects of command. It defines the responsibilities of noncommissioned officers and provides guidance on other inherent responsibilities of command. It provides guidance on and responsibilities for the Army Equal Opportunity (EO) Program to include mini-mum EO staffing and training requirements. It implements DOD Directives 1000.7, 1300.17, 1354.1, and 1325.6.

Applicability. This regulation applies to the Active Army, the Army National Guard (ARNG), and the U.S. Army Re-serve (USAR) as modified by National Guard Regulations 6004 and 606-21.

Impact on New Manning System. This regulation does not contain information that affects the New Manning System.

Internal control systems. This regulation is not subject to the requirements of AR 11-2. It does not contain internal control provisions.

Committee establishment approval. The DA Committee Management Officer concurs in the establishment of the Committee for Review of Accommodation of Religious Practices within the U.S. Army.

Supplementation. Supplementation of this regulation (except chap 6) and establishment of command and local forms are prohibited without prior approval from HQDA (DAPE-MPH), WASH DC 203104)300. Supplementation of chapter 6 is permitted at major Army command level. A draft copy of each supplement must be provided to HQDA (DAPE-MPH), WASH DC 20310-3300, for approval before publication.

Interim changes. Interim changes to this regulation are not official unless they are authenticated by The Adjutant General. Users will destroy interim changes on their expiration dates unless sooner superseded or rescinded.

Suggested improvements. The proponent agency of this regulation is the Office of the Deputy Chief of Staff for Personnel. Users are invited to send comments and suggested improvements on DA Form 2028 (Recommended Changes to Publications and Blank Forms) directly to HQDA (DAPE-MPH), WASH DC 20310-0300.

Distribution. Distribution of this publication is made in accordance with DA Form 12-9A-R requirements for 600 series publications. The number of copies distributed to a given subscriber is the number of copies requested in Blocks 382, 383, 384, 385, and 386 of the subscriber's DA Form 12-9A-R. AR 600-20 distribution is A, B, C, D, and E for the Active Army, the ARNG, and the USAR. Existing account quantities will be adjusted and new account quantities will be established upon receipt of a signed DA Form 12-9U-R (Subscription for Army UPDATE Publications Requirements) from the publications account holder.

Contents (Listed by paragraph number)

Chapter 1

Introduction

Purpose 1-1

References 1-2

Explanation of abbreviations and terms 1-3

Responsibilities 1-4

Command 1-5

Military rank 1-6

Precedence between members of the Army and other Services serving with the Army 1-7

Precedence between foreign service officers of the Department of State and officers of the Army 1-8

Precedence between members of the Army and members of foreign military services serving with the Army 1-9

Chapter 2

Command Policies

Chain of command 2-1

Staff or technical channels 2-2

Command of installations, activities, and units 2-3

Specialty immaterial commands 2-4

Designation of junior in the same grade to command 2-5

Death, disability, retirement, reassignment, or absence of the commander 2-6

Absence or disability of all officers of a unit 2-7

Emergency command 2-8

Functions of an individual in temporary command 2-9

Responsibility of successor 2-10

Separate commands of the U.S. Army serving together 2-11

Separate commands of the several military services of the United States serving together 2-12

Ineligibility for command of post or activity 2-13

Restrictions 2-14

Relief for cause 2-15

Chapter 3

Enlisted Aspects of Command

Delegation of authority 3-1

Noncommissioned officer support channel 3-2

Precedence of relative rank 3-3

Date of rank (DOR), enlisted soldiers 3-4

Chapter 4

Military Discipline and Conduct

Military discipline 4-1

Obedience to orders 4-2

Military courtesy 4-3

Soldier conduct 4-4

Maintenance of order 4-5

Exercising military authority 4-6

Disciplinary powers of the commanding officer 4-7

Settlement of local accounts on change of station 4-8

Civil status of members of the Reserve Components 4-9

Participation in support of civilian law enforcement agencies 4-10

Membership campaigns 4-11

Extremist organizations 4-12

Army language policy 4-13

Relationships between soldiers of different rank 4-14

Trainee and soldier relationships 4-15

Fraternization 4-16

Standards of conduct 4-17

Chapter 5

Other Responsibilities Of Command

General 5-1

Congressional activities , 5-2

Political activities 5-3

Command aspects of medical care 5-4

Pregnancy and family care counseling 5-5

Accommodating religious practices 5-6 Prohibition of military labor unions 5-7

Complaints or accusations against military personnel 5-8

On-post distribution of non-Government printed materials 5-9

Chapter 6

Equal Opportunity Program in the Army

Concept 6-1

Responsibilities 6-2

Equal opportunity policy 6-3

Sexual harassment 6-4

Chain of command responsibilities , 6-5

Staffing 6-6

Off-post activities, on-post activities, and off-limits actions 6-7

Procedures for processing complaints , 6-8

Housing complaints , 6-9

Evaluation report entries 6-10

Civilian schooling , 6-11

Legal assistance , 6-12

Affirmative Action Plans 6-13

Training 6-14

Authority to collect and maintain data 6-15

Narrative and statistical report on equal opportunity progress (RCS CSGPA-1471) 6-16

Attendance at the Defense Equal Opportunity Management Institute for soldiers 6-17

Selection requirements for soldiers 6-18

Training for civilian duty positions in the Military Equal Opportunity Program at the Defense Equal Opportunity Management Institute 6-19

Equal opportunity special/ethnic observances 6-20

Appendixes

A. References

B. Examples of Types of Political Activity Permitted or Prohibited

C. Statutory Prohibitions Pertaining to Political Activity by Members of the Armed Forces

Glossary

Chapter 1 Introduction

1-1. Purpose

This regulation prescribes the policies and responsibilities of command. It provides guidance covering military discipline and conduct, precedence of rank, and the military Equal Opportunity (EO) Program.

1-2. References

Required and related publications and pre-scribed and referenced forms are listed in appendix A.

1-3. Explanation of abbreviations and terms

Abbreviations and special terms used in this regulation are listed in the glossary.

1-4. Responsibilities

a. The Deputy Chief of Staff for Personnel (DCSPER) has Army General Staff responsibilities for the formulation, management, and evaluation of command policies, plans, and programs that relate to the following:

(1) Personnel distribution, to include grade and specialties.

(2) Assessment of human readiness.

(3) Discipline, law enforcement, correction, and apprehension.

(4) Leadership development.

(5) Professional military ethics.

(6) Accommodation of religious practices.

(7) Military equal opportunity.

(8) Military labor unions.

b. Commanders at all levels are responsible for implementing and enforcing the pollicies addressed by this regulation.

1-5. Command

a. Right to command. Command is exercised by virtue of office and the special assignment of members of the Armed Forces holding military rank who are eligible to exercise command. The right to command is not limited solely by branch of Service except as set forth in chapter 2. A civilian, other than the President as Commander-in-Chief, may not exercise command. However, a civilian may be designated to exercise general supervision over an Army installation or activity under the command of a military superior.

b. Elements of command. The key elements of command are authority and responsibility. Formal authority for command is derived from the policies, procedures, and precedents presented in chapters 1 through 3 of this regulation. The specified and inherent responsibilities of command are discussed in chapters 4 through 6.

c. Assignment and command. Soldiers are assigned to stations where their services are required. The commanding officer then as-signs appropriate duties. Without orders from proper authority, a soldier may only assume command when eligible according to chapter 2 of this regulation.

1-6. Military rank

a. Military rank is the relative position or degree of precedence granted military per-sons marking their station in military life. It confers eligibility to exercise command or authority in the military within limits pre-scribed by law. Rank in the military is divided into the classes and grades shown in tables 1-1 and 1-2.

b. Table 1-1 shows the grades of rank in the Army in order of their precedence or rank. It indicates the grouping of grades in-to classes, pay grades, titles of address, and abbreviations.

c. The pay grade is an abbreviated numerical device with useful applications in pay management, personnel accounting, automated data organization, and other administrative fields. However, the pay grade alone is not to be used as a form of address or title in place of the proper title of address or grade of rank. When military personnel (chaplains excepted) are addressed or referred to, orally or in writing, the grade of rank or title of address will normally be used. (See table 1-1.) All chaplains are ad-dressed as "Chaplain," regardless of military grade or professional title. When a chaplain is addressed in writing, grade is indicated in parentheses; for example, Chap-lain (Major) John F. Doe.

d. Rank is generally held by virtue of office or grade in the Army.

e. Conferring honorary titles of military rank upon civilians is prohibited. However, honorary titles already conferred will not be withdrawn.

Table 1-1 Grades of rank, U.S. Army

General Officer

Grade of rank: General of the Army

Pay grade: Special

Title of address: General

Abbreviation: GA *1

 

Grade of rank: General

Pay grade: O-10

Title of address: General

Abbreviation: GEN

 

Grade of rank: Lieutenant General

Pay grade: O-9

Title of address: General

Abbreviation: LTG

 

Grade of rank: Major General

Pay grade: O-8

Title of address: General

Abbreviation: MG

 

Grade of rank: Brigadier General

Pay grade: O-7

Title of address: General

Abbreviation: BG

 

Field Officers

Grade of rank: Colonel

Pay grade: O-6

Title of address: Colonel

Abbreviation: COL

 

Grade of rank: Lieutenant Colonel

Pay grade: O-5

Title of address: Colonel

Abbreviation: LTC

 

Grade of rank: Major

Pay grade: O-4

Title of address: Major

Abbreviation: MAJ

 

Company Officers

Grade of rank: Captain

Pay grade: O-3

Title of address: Captain

Abbreviation: CPT

 

Grade of rank: First Lieutenant

Pay grade: O-2

Title of address: Lieutenant

Abbreviation: 1LT

 

Grade of rank: Second Lieutenant

Pay grade: O-1

Title of address: Lieutenant

Abbreviation: 2LT

 

Warrant Officers

Grade of rank: Chief Warrant Officer, Four

Pay grade: W-4

Title of address: Mister (Mrs./Miss/Ms.)

Abbreviation: CW4

 

Grade of rank: Chief Warrant Officer, Three

Pay grade: W-3

Title of address: Mister (Mrs./Miss/Ms.)

Abbreviation: CW3

 

Grade of rank: Chief Warrant Officer, Two

Pay grade: W-2

Title of address: Mister (Mrs./Miss/Ms.)

Abbreviation: CW2

 

Grade of rank: Warrant Officer, One

Pay grade: W-1

Title of address: Mister (Mrs./Miss/Ms.)

Abbreviation: WO1

 

Cadets

Grade of rank: Cadet, U.S. Military Academy

Pay grade: Special

Title of address: Mister/Miss/Ms./Cadet

Abbreviation: CDT

 

Grade of rank: Cadet, Senior Advanced ROTC

Pay grade: Special

Title of address: Mister/Miss/Ms./Cadet

Abbreviation: CDT

 

Candidates

Grade of rank: Officer Candidate

Pay grade: Special

Title of address: Candidate

Abbreviation: OC

 

Grade of rank: Warrant Officer Candidate

Pay grade: Special

Title of address: Candidate

Abbreviation: WOC

 

Senior Noncommissioned Officers

Grade of rank: Sergeant Major of the Army

Pay grade: E9

Title of address: Sergeant Major

Abbreviation: SMA

 

Grade of rank: Command Sergeant Major *2

Pay grade: E9

Title of address: Sergeant Major

Abbreviation: CSM

 

Grade of rank: Sergeant Major *3

Pay grade: E9

Title of address: Sergeant Major

Abbreviation: SGM

 

Grade of rank: First Sergeant

Pay grade: E8

Title of address: First Sergeant

Abbreviation: 1SG

 

Grade of rank: Master Sergeant

Pay grade: E8

Title of address: Sergeant

Abbreviation: MSG

 

Grade of rank: Sergeant First Class

Pay grade: E7

Title of address: Sergeant

Abbreviation: SFC

 

Junior Noncommissioned Officers and Specialist *4

Grade of rank: Staff Sergeant

Pay grade: E6

Title of address: Sergeant

Abbreviation: SSG

 

Grade of rank: Sergeant

Pay grade: E5

Title of address: Sergeant

Abbreviation: SGT

 

Grade of rank: Corporal

Pay grade: E4

Title of address: Corporal

Abbreviation: CPL

 

Grade of rank: Specialist

Pay grade: E4

Title of address: Specialist

Abbreviation: SP4 *5

 

Privates

Grade of rank: Private First Class

Pay grade: E3

Title of address: Private

Abbreviation: PFC

 

Grade of rank: Private

Pay grade: E2

Title of address: Private

Abbreviation: PV2

 

Grade of rank: Private

Pay grade: E1

Title of address: Private

Abbreviation: PV1

Notes:

1 Other abbreviations authorized for use in correspondence with the general public and agencies outside Department of Defense (DOD), on identification (ID) cards, and in personal correspondence are listed in AR 310-50.

2 Personnel formally selected by Department of the Army (DA) for participation in the Command Sergeants Major Program.

3. All E9s not formally selected for the Command Sergeants Major Program.

4 Specialist will rank immediately below Corporal. This does not require or justify change to table of organization (TOE) or table of distribution and allowances (TDA)

5. Abbreviation SP4 will change to SPC effective with the implementation of Standard Installation Division Personnel System-3 (SIDPERS~3) Version I scheduled for fiscal year (FY) 1988

1-7. Precedence between members of the Army and other Services serving with the Army

Members of other Services serving with the Army have equal status with Army members of equivalent grade of rank. (Comparable ranks among the Services are shown in table 1-2.)

1-8. Precedence between foreign service officers Of the Department of State and officers of the Army.

Precedence between officers of the Foreign Service and other officers of the U.S. Government is set forth by Executive Order 9998, 14 September 1948.

1-9. Precedence between members of the Army and members of foreign military services serving with the Army

Members of foreign military services serving with the U.S. Army have equal status with Army members of equivalent grade of rank.

Contents

Chapter 2 Command Policies

2-1. Chain of command

a. The chain of command assists commanders at all levels to achieve their primary responsibility of accomplishing the unit's assigned mission while caring for personnel and property in their charge. A simple and direct chain of command facilitates the transmittal of orders from the highest to the lowest levels in a minimum of time and with the least chance of misinterpretation. The command channel extends upward in the same manner for matters requiring official communication from subordinate to senior.

b. Commanders are responsible for everything their command does or fails to do. However, commanders subdivide responsibility and authority and assign portions of both to various subordinate commanders and staff members. In this way, a proper degree of responsibility becomes inherent in each command echelon. Commanders dele-gate sufficient authority to each soldier in the chain of command to accomplish their assigned duties and hold them accountable for their actions. The need for a commander or staff officer to observe proper channels in issuing instructions or orders to subordinates must be recognized.

c. Proper use of the chain of command is vital to the overall effectiveness of the Army. Commanders must acquaint all their soldiers with its existence and proper function. Effective communication between senior and subordinate soldiers within the chain of command is crucial to the proper functioning of all units. Therefore, soldiers are also expected to use the chain of command when communicating issues and problems to their leaden and commanders.

d. Soldiers have a responsibility to ensure their unit commander is made aware of problems which affect the discipline, morale, and effectiveness of the unit. Unit commanders will establish an open door policy within their commands. This allows unit members to present facts, concerns, problems of a personal or professional nature, or other issues which the soldier has been unable to resolve. The timing, conduct, and specific procedures of the unit open door policy are determined by the unit commander.

e. Commanders will ensure that all members of their command receive timely performance counseling. Effective performance counseling of officer, noncommissioned officer (Nee), and enlisted soldiers helps to en-sure they are prepared to efficiently carry out their duties and accomplish the mission. AR 623-105 and AR 623-205 contain counseling requirements in conjunction with the evaluation reporting systems. Unit commanders will determine the timing and specific methods used to provide guidance and direction through counseling. FM 22-101 provides advice and makes suggestions concerning effective counseling. Providing regular and effective performance counseling to all soldiers, not just those whose performance fails to meet unit standards, is a command responsibility. All commanders will ensure that their subordinate commanders have implemented and are maintaining an effective performance counseling program.

2-2. Staff or technical channels

Staff or technical channels may be used for sending reports, information, or instructions not involving variations from command policy and directives.

2-3. Command of installations, activities, and units

a. Responsibility. The senior regularly as-signed officer present for duty normally has responsibility for the command of units, platoon level and above, except as shown in paragraphs 2-6a, 2-13, and 2-14.

(1) An installation will be assigned to the subordinate command best equipped to per-form installation management. The subordinate command will be selected using the following criteria:

(a) Capability to perform installation management most efficiently and economically in terms of staff and other overhead COSTS.

(b) Capability to administer base operations functions most efficiently and economically.

(c) Employment and/or command of the largest number of military and civilian personnel performing mission activities.

(d) Use of the greatest amount of building square footage and/or acreage in per-forming mission activities.

(e) Traditional association with the installation.

(f) Commander senior in grade.

(2) Army commanders or general officers in the rank of lieutenant general or above may not assume command of Army installations, except where the installation serves as the location for an Army Corps continental United States Army (CONUSA), or higher headquarters. When a specific situation appears to warrant an exception to this policy, prior approval is needed from HQDA (DAGOM), WASH DC 20310-0300.

(3) Command of installations and units under the Army Medical Department (AMEDD) are set forth in AR 40-1 and AR 10-6.

b. Announcement of assumption of command. Assumption of command will be announced in a memorandum or disposition form (DF) and contains the information shown in figure 2-1.

(1) Oral assumption of command. Oral assumption of command may be used by units not using orders or other documentation to announce assumption of command or when other circumstances necessitate.

(2) Distribution. Distribution will be limited to one copy each to the person con-earned, subordinate commands or elements, interested commands, or agencies, and the next higher headquarters. A copy will be placed in the files of the issuing command and/or the affected command. When a general officer, or general officer designee, assumes permanent command, one copy will be furnished to HQDA (DAGOM), WASH DC 20310-300.

(3) Filing. Organizations and units governed by AR 25-400-2 and DA Pam 25400-2, will file one copy of the assumption document under Organizational History files. Disposition is shown in those documents.

(4) Correction and amendments. Assumption of command documents will be amended, rescinded, or revoked by publishing the correct information in another assumption of command document. The document containing the correction will properly identify (by date) the document being corrected, and state to whom it pertains. The amended document will be distributed and filed, as appropriate.

c. Installation responsibilities. Major Army commanders may relieve tactical commanders of installation responsibilities by designating a junior officer of the permanent station as installation commander.

d. Optimum length of command tours. The optimum length of command tours will be based on the needs of the Army, stability within units, the need for officers with command experience, and availability of personnel. Normal optimum command tours are as follows:

(1) For company grade, 18 months with a minimum of 12 months.

(2) For field grade, a minimum of 24 months. In overseas areas where the tour length precludes such tenure of command, the command tour will coincide with the overseas tour. Commanders (MG or above) may extend command tours up to 6 months. Requests for exceptions to this policy will be submitted through the MACOM commander to CDR, USTAPA (DAPC-ZA), 200 Stovall Street, Alexandria, VA 22332-0400.

(3) In overseas areas where the tour length precludes such tenure of command, the command tour will coincide with the overseas tour.

e. Command by general officers. Except as indicated in paragraph 2-6, a general officer will not be assigned without the prior approval of HQDA (DAGOM), WASH DC 20310-0300.

f. Command of medical units. The senior Medical Corps officer, assigned or attached to a medical TOE unit deployed to receive and treat patients, will assume command of that unit until properly relieved.

g. Command of dental units. The senior Dental Corps officer, assigned or attached to a dental TOE unit deployed to receive and treat patients, will assume command of that unit until properly relieved.

h. Command of veterinary units. The senior veterinary officer, assigned or attached to a veterinary unit deployed to care for Government-owned animals, for food inspection responsibilities, and/or for civic action programs, will assume command of that unit until properly relieved.

i. Command of Active Component (AC) training units. Reserve Component (RC) officers may be assigned as acting commanders of AC training units during annual training. This includes authority under the Uniform Code of Military Justice (UCMJ), unless withheld by competent authority. Installation commanders implementing the authority granted by this paragraph will ensure that-

(1) Provisions in paragraphs 3-3 and 3-4 of this regulation are complied with.

(2) RC organizations have adequately trained their commanders in accordance with the Manual for Courts-Martial (MCM) and AR 27-10 provisions.

(3) RC commanders receive orientation regarding measures normally taken against offenders at the installation and within the units concerned.

(4) Necessary attachment orders, direction of the President (DP) authority, assumption of acting command letter, administrative measures, and appeal channels are accomplished.

(5) Cases are monitored to ensure fair-ness and consistency, and/or procedural difficulties are identified.

2-4. Specialty immaterial commands

The senior officer regularly assigned and present for duty with logistical commands (or communications zone headquarters, sections, and areas) and similar specialty immaterial commands will assume command of the organization. (This provision applies unless the senior officer is ineligible under paras 2-13 or 2-14.)

2-5. Designation of junior in the same grade to command

a. When two or more commissioned officers of the same grade, both of whom are eligible to command, are assigned to duty in the same command or organization, the President may assign the command of forces without regard to seniority of rank.

b. General officer are authorized to announce by direction of the President, the designation of one of several officers of the same grade within a command under their jurisdiction as a commander thereof.

(1) This refers to general officers commanding major Army commands (MACOMs), armies, corps, installations, divisions, separate brigades, U.S. Army Re-serve (USAR) general officer commands, and heads of DA Staff agencies. This may he done without regard to relative seniority. (See paras 2-3 and 2-6 for policy on general officers.) When an officer who is junior in grade is designated to command, a memorandum will be used to announce the appointment and will contain the information shown in figure 2-2.

(2) This appointment is used only if the duties of the position require exercising command. It is not used to assign a junior officer to a staff position that requires supervising and controlling activities of an officer senior in rank. In staff supervisory positions, commanders make such appointments merely by designation in a memorandum.

c. Commanders will not use the Presidential authority cited in this paragraph to appoint a junior member as their own successor, either temporarily or permanently. In some cases, a commander having authority under this paragraph may find it necessary to temporarily place a junior member in his or her position as acting commander. If so, a request stating the circumstances and asking for the appointment to be made will be sent to the next higher commander having authority under this paragraph. The next higher commander will review the re-quest and make appointments deemed necessary. Commanders will not issue a blanket designation without prior approval from the MACOM commander, and, in cases involving general officers, HQDA, (DAGOM), WASH DC 20310-0300. Each designation of a junior to a command position requires a separate action by the appropriate authority except when prior approval of a blanket designation has been authorized.

d. The authority in this paragraph will not be used to assign command functions to chaplains or, unless authorized by the Secretary of the Army or his appointee, to officers of the AMEDD when such assignment involves troops other than those of the AMEDD except as in paragraph 2-14.

Figure 2-1. Assumption of command

SUBJECT: Assumption of Command By Authority of (appropriate subparagraph).

The undersigned assumes command of (complete unit designation and unit identification code (UIC)/, effective (date).

(Signature block)

Note: Authentication/signature block will include: Name, grade, branch, and the word "Commanding."

Figure 2-2. Appointment of commander

SUBJECT: Appointment of Commander.

By direction of the President, (grade, name, SSAN, and branch) is appointed commanding officer or commanding general of (complete unit designation and UIC), effective (date).

(Signature block)

Note: Authentication/signature block will include name, grade, and title.

2-6. Death, disability, retirement, reassignment, or absence of the commander

a. Commander of Army element.

(1) If a commander of an Army element, other than a commander of a headquarters and headquarters element, dies, becomes disabled, retires, is reassigned, or is temporarily absent, the senior regularly assigned Army member will assume command.

(2) If the commander of a headquarters and headquarters element dies, becomes disabled, retires, is reassigned, or is temporarily absent, the senior regularly assigned Army member of the particular headquarters and headquarters element who performs duties within the element will assume command. For example, if a division headquarters and headquarters company commander is temporarily absent, the executive officer as the senior regularly assigned Army member who performs duties within the headquarters company would assume command and not the division commander.

(3) Senior regularly assigned Army members refers (in order of priority) to officers, warrant officers (WOs), cadets, NCOs, specialists, or privates present for duty unless they are ineligible under paragraphs 2-13 or 2 14. He or she assumes command until relieved by proper authority except as provided in c below. Assumption of command under these conditions is announced per paragraph 2 3. However, the announcement will indicate assumption as acting commander unless designated as permanent by the proper authority. It is not necessary to rescind the announcement designating an acting commander to assume duties of the commander "during the temporary absence of the regularly assigned commander" if the announcement gives the time element involved. A rescinding announcement is required if the temporary assumption of command is for an indefinite period.

b. Head of DA Staff agency. On the death, disability, or temporary absence of a head of a DA Staff agency, the next senior officer on duty in the office will become head until relieved by proper authority. (Exceptions may be ordered or required.) This does not apply to The Surgeon General and the Chief, National Guard Bureau. Functions of The Surgeon General are assumed by the next senior officer of the Medical Corps present and on duty in the office. Functions of the National Guard Bureau (NGB) are assumed by the senior officer of the Army National Guard of the United States (ARNGUS) on duty in the Bureau. (See section 3040, title 10, United States Code.)

c. Commanders of MACOMs. A commander of a MACOM may continue to discharge the functions of command while absent from the limits thereof, if-

(1) Such absence is for a short period only.

(2) The commander has reasonable communication with the MACOM headquarters.

(3) The absence is not caused by physical disability.

d. General officers.

(1) During the temporary absence of the regularly assigned commander, MACOMs are authorized to assign general officers under their command to positions of command.

(2) Where more than one MACOM is represented on an installation, the line of succession of command may pass from one MACOM to another. The major Army commanders concerned should agree to the terms of such an arrangement by a memorandum of understanding and should publish necessary documentation. HQDA (DAGOM) will be notified of the action taken.

2-7. Absence or disability of all officers of a unit

Upon death, disability, or absence of all officers of a unit normally commanded by an officer, the appropriate commander permanently assigns an officer to command, preferably of the branch to which the unit belongs. Pending assignment and arrival of the new commander, the senior warrant officer, cadet, NCO, specialist, or private regularly assigned to the unit will exercise temporary command. Restrictions on assuming command set forth in paragraphs 2-13 and 2-14 apply. Assumption of command will be as noted in paragraph 2-6.

2-8. Emergency command

The senior officer, warrant officer, cadet, NCO, specialist, or private among troops at the scene of an emergency will assume temporary command and control of the military personnel present. These provisions also apply to troops separated from their parent units under battlefield conditions. The senior person eligible for command, whether officer or enlisted, within a prisoner of war camp or among a group of prisoners of war, will assume command according to rank without regard to Service. Restrictions on assuming command set forth in paragraphs 2-13 and 2-14 apply.

2-9. Functions of an individual in temporary command

A commander in temporary command will not, except in urgent cases, alter or annul the standing orders of the permanent commander without authority from the next higher command. Temporary command is defined to include command assumed under conditions outlined in paragraphs 2-6, 2-7, and 2-8. Such commanders will be considered temporary until designated as permanent, or until replaced by the proper senior commander.

2-10. Responsibility of successor

A commander who succeeds to any command or duty assumes the duties of his or her predecessor. The successor will assume responsibility for all orders in force and all the public property and funds pertaining to the command.

2-11. Separate commands of the U.S. Army serving together

a. When separate commands of the U.S. Army join (or perform duty) together, the senior regularly assigned officer present for duty with the commands concerned will command the forces unless otherwise directed by the President. He or she must not be ineligible under paragraph 2-14 or 2-15.

b. Section 317, title 32, United States Code states: "When any part of the Nation-al Guard that is not in Federal service participates in an encampment, maneuver, or other exercise for instruction, together with troops in Federal services, the command of the post, airbase, or other place where it is held, and of the troops in Federal service on duty there, remains with the officers in Federal service who command that place and the Federal troops on duty there, without regard to the rank of the officers of the National Guard not in Federal service."

c. When USAR units take part in active duty for training or annual training at a post, the command of that post remains with the officer normally in command. This provision applies regardless of the grade of the officers of the USAR unit who are temporarily taking part in training there.

2-12. Separate commands of the several military services of the United States serving together

a. When separate commands of the several military services join (or perform duty) together, or personnel of another Service serve with the Army, operational control by an officer of one Service over the units or members of the other Services may be given by agreement between the Services concerned, or by assignment to command a unified command established by the Joint Chiefs of Staff. When the different commands of the Army and the Marine Corps join or serve together, the highest ranking officer in the Army or Marine Corps on duty, who is otherwise eligible to command, will command all those forces unless other-wise directed by the President. (See section 747, title 10, United States Code.)

b. The commander of the joined forces exercises operational control of the forces of each Service. This will be done through the responsible commander of each component who will retain responsibility for such intraservice matters as administration, discipline, internal organization, and unit training. In general, court-martial jurisdiction by a member of one Armed Force over members of another should be exercised only when the accused cannot be delivered to the Armed Force of which the individual is a member without injury to the Service. Commanders of joint commands or joint task forces who have authority to convene general courts-martial may convene a court-martial for the trial of members of another Armed Force when specifically empowered by the President or Secretary of Defense to refer such eases for trial by courts-martial. (See MCM, Rules for Courts-Martial.)

2-13, Ineligibility for command of post or activity

A person will be considered ineligible for command of a post or activity when-

a. Quartered there, but has a headquarters or office elsewhere.

b. A student at a Service school or civilian institution or is undergoing individual training, instruction, or in transit processing at a post where he or she is not a part of the command.

c. Not permanently assigned, and/or the unit involved is not permanently assigned to the post.

d. Assigned primarily as a permanent member of a board.

e. Prohibited from assuming command by statute (AR 600-3l) or by paragraph 244.

f. Assigned specific duty aboard a military vessel or aircraft where the officer's particular duty, specialty, or MOS does not technically qualify him or her to assume the duty of ship's master or aircraft commander.

g. In arrest. (A person in arrest is ineligible to exercise command of any kind.)

2-14, Restrictions

a. General Staff officers. An officer as-signed or detailed to the Army General Staff will not command troops other than personnel on duty with the Army General Staff unless directed to do so by an authority named in paragraph 2-5. A General Staff officer with troops may assume command when he or she is the senior regularly as-signed officer of the command present for duty. The officer must not be ineligible under the provisions of this paragraph or paragraph 2-13.

b. Officers on duty in DA Staff agencies. Officers on duty or detailed to any of the Services or Staff agencies and bureaus of DA (including heads thereof) will not normally assume command of troops other than those of the Service, staff, or bureaus where they are on duty. Exceptions must be directed by proper authority.

c. Officers of the AMEDD.

(1) Officers of the AMEDD may exercise command only within the AMEDD in accordance with AR 10-6 and AR 40-1.

(2) As an exception, officers of the Medical Service Corps may command troops not part of the AMEDD when authorized by the Secretary of the Army; commanders of MACOMs, Army groups, armies, corps, divisions, or comparable units; chiefs of the military Services; or heads of other DA Staff agencies.

d. Chaplains. A chaplain has rank with-out command. (See section 3581, title 10, United States Code.) Although chaplains may not exercise command, they have authority to exercise functions of operational supervision and control.

e. Commanding officer of troops on transports. Military personnel embarking on Military Sealift Command vessels are available for command duty unless otherwise indicated in their travel orders, or by reason of their branch of Service. General officers will be excluded from this requirement. Designation of colonels will be at the discretion of the terminal commander.

f. USAR unit commanders. The authority delegated under paragraph 2-5 will apply in the following cases when it is not practical to assign the senior officer to command:

(1) When the USAR officer selected to command a USAR unit, while in Reserve duty training status, is junior in date of rank (AR 624-100) to other officers of the same grade assigned to that unit.

(2) When a USAR unit is ordered to active duty, and the assigned unit commander is junior in date of rank (AR 624-100) to other assigned officers of the same grade.

g. Warrant officers. When assigned duties as station, unit, or detachment commander, warrant officers are vested with all powers usually exercised by other commissioned officers . (See AR 611-112, para 1-7, for exceptions.)

h. Partially disabled officers. Partially disabled officers continued on active duty under AR 635-40, chapter 6, will be as-signed to positions in which their special qualifications make them of particular value to the Service. Such officers will not be as-signed to command positions unless the as-signing authority determines that the person--

(1) Has the medical (physical) career potential to serve in combat situations.

(2) Is able to serve until the age for mandatory retirement.

i. Inspectors general. An officer detailed to duty as an inspector general will not as-same command of troops while so detailed. However, an inspector general is not precluded from assuming temporary command of an organization if he or she--

(1) Is the next regularly assigned senior officer of the organization.

(2) Is not otherwise ineligible.

(3) Has been relieved from detail as an inspector general during the period of temporary command.

j. Program executive officers (PEOs). With the exception of the Commander, U.S. Army Corps of Engineers, and the Commander, U.S. Army Strategic Defense Command, an officer assigned as a program executive officer will not assume command of troops, installations, or activities while so assigned. Requests for exceptions for general officers, other than those specified above, will be submitted to HQDA (DAGOM), WASH DC 20310-0300 for approval.

2-15. Relief for cause

a. The relief of an individual for cause is one of the most serious steps taken. It is preceded with formal counseling by the commander or supervisor unless such action is not deemed appropriate under the circumstances. Action to relieve an officer from any command position will not be taken until after written approval by the first general officer in the chain of command of the officer being relieved is obtained. If a general officer is the relieving official, no further approval of the relief action is required; however, the provisions of AR 623-105 and AR 623-205 concerning administrative review of relief reports remain applicable. USAR Active Guard/Reserve (AGR) personnel are governed by AR 135-18.

b. If a relief from cause action is contemplated on the basis of an informal investigation under AR 15-6, the referral and comment procedures of that regulation must be followed prior to the act of initiating or directing the relief. This does not preclude a temporary suspension from assigned duties pending completion of the procedural safeguards contained in AR 15-6.

Contents

Chapter 3 Enlisted Aspects of Command

3-1. Delegation of authority

Commanders and their staffs, at all levels of command, are responsible for ensuring proper delegation of authority to NCOs by their seniors. This policy applies whether the senior is an officer, WO, or another NCO.

3-2. Noncommissioned officer support channel

a. The NCO support channel (leadership chain) parallels and complements the chain of command. It is a channel of communication and supervision from the command sergeants major to first sergeants and then to other NCOs and enlisted personnel of the units. Commanders will define responsibilities and authority of their NCOs to their staffs and subordinates. This Nee support channel will assist the chain of command in accomplishing the following:

(1) Transmitting, instilling, and ensuring the efficacy of the professional Army ethic. See FM 100-1 for an explanation of the professional Army ethic.

(2) Planning and conducting the day-to-day unit operations within prescribed pollicies and directives.

(3) Training of enlisted soldiers in their MOS as well as in the basic skills and attributes of a soldier.

(4) Supervising unit physical fitness training and ensuring that unit soldiers comply with the weight and appearance standards of AR 600-9 and AR 670-1.

(5) Teaching soldiers the history of the Army, to include military customs, courtesies, and traditions.

(6) Caring for individual soldiers and their families both on and off duty.

(7) Teaching soldiers the mission of the unit and developing individual training pro-grams to support the mission.

(8) Accounting for and maintaining individual arms and equipment of enlisted soldiers, and unit equipment under their control.

(9) Administering and monitoring the NCO professional development program, and other unit training programs.

(10) Achieving and maintaining courage, candor, competence, and commitment.

b. Specific information concerning the responsibilities, command functions, and scope of duties of NCOs are contained in AR 611-201, and FM 22-600-20.

(1) Sergeant Major of the Army. This is the senior sergeant major grade of rank and designates the senior enlisted position of the Army. The sergeant major in this position serves as the senior enlisted adviser and consultant to the Chief of Staff, Army.

(2) Command sergeant major. This position title designates the senior NCO of the command at battalion or higher levels. He or she carries out policies and standards, and advises the commander on the performance, training, appearance, and conduct of enlisted personnel. The command sergeant major administers the unit Noncommissioned Officer's Professional Development Program (NCODP).

(3) First sergeant. The position of first sergeant designates the senior NCO at company level. The first sergeant's principal duty is the individual training of enlisted members of the unit. The first sergeant ad-ministers the unit NCODP.

(4) Platoon sergeant. The platoon sergeant is the key assistant and adviser to the platoon leader. In the absence of the platoon leader, the platoon sergeant commands the platoon.

(5) Section, squad, and team leaders. These direct leaders are the NCOs responsible at these echelons.

c. NCO disciplinary policies are shown below.

(1) NCOs are important to maintaining discipline in the Army. The policies pre-scribed in this subparagraph should be considered together with the provisions of chapter 4 and the MCM.

(a) NCOs have the authority to apprehend any person subject to trial by courts-martial in accordance with the MCM (Article 7, UCMJ, and para 302(b), RCM) and chapter 4 of this regulation.

(b) NCOs may be authorized by their commanders to order enlisted persons of the commanding officer's command or enlisted persons subject to the authority of that commanding officer into arrest or confinement in accordance with the MCM (para 304(b), RCM.)

(2) NCOs do not have authority to impose nonjudicial punishment on other enlisted personnel under the MCM (Article 15, UCM3.) However, the commander may authorize an NCO in the grade of sergeant first class or above, provided such person is senior to the person being notified, to deliver the DA Form 2627 (Record of Proceedings under Article 15, UCMJ) and inform the member of his or her fights. In cases of nonjudicial punishment, the recommendations of NCOs should be sought and considered by the unit commanders.

(3) As enlisted leaders of soldiers, NCOs are essential to furthering the efficiency of the company, battery, or troop. This function includes preventing incidents that make it necessary to resort to trial by court-martial or to impose nonjudicial punishment. Thus, NCOs are assistants to commanders in administering minor nonpunitive corrective actions as set forth in AR 27-10 and Part V, paragraph 1g of the MCM. "Nonpunitive corrective action " is not " nonjudicial punishment."

(4) In taking corrective action with regard to subordinates, NCOs will be guided by and observe the principles set forth in chapter 4.

d. NCO prerogatives and privileges are shown below. NCOs will-

(1) Function only in supervisory roles on fatigue duty and only as NCOs of the guard AR 600-20 UPDATE on guard duty, except in temporary situations where grades of rank are critically short.

(2) Be granted such privileges as organization and installation commanders are capable of granting and consider proper to enhance the prestige of their enlisted troop leaders.

(3) Be considered for assignment of quarters (NCOs with bonafide family members) by installation commanders based on AR 210-50. Assignment is based on the date of rank within pay grade.

(4) Be afforded pass privileges according to AR 630-5, chapter 11.

(5) Be afforded rooms in barracks areas under provisions of AR 210-11.

3-3. Precedence of relative rank

Among enlisted soldiers of the same grade of rank in active military service to include retired enlisted soldiers on active duty, precedence or relative rank will be determined as follows:

a. According to date of rank.

b. By length of active Federal Service in the Army when dates of rank are the same.

c. By length of total active Federal Service when a and b above are the same.

d. By date of birth when a, b, and c are the same-older is more senior.

3-4. Date of rank (DOR), enlisted soldiers

a. The provisions of this paragraph, unless otherwise specified, are effective 8 June 1979.

b. The DOR for enlisted soldiers in the Army, who have not had a break in active duty service and who reenlist in the same pay grade within 24 hours of discharge, is the DOR held in the pay grade prior to discharge.

c. The D0R for former enlisted soldiers or former officers (entitled to reenlist under section 3258, title 10, United States Code) who reenlist in the Regular Army (RA) is a date preceding the reenlistment date by a period equal to the length of time previously served on active duty in the same or higher grade than that in which reenlisted. Service performed prior to reduction to a pay grade lower than that in which an individual reenlists is not creditable.

d. The DOR for promotion to a higher grade is the date specified in the instrument of promotion or, when no date is specified, is the date of the instrument of promotion.

e. The DOR for a lateral appointment to a different rank within the same pay grade is the date held in the rank from which the appointment is made.

f. The DOR for the grade held during a period in which lost time occurs will be adjusted to reflect lost time accumulated for any reason. The provisions of this para-graph are retroactive to include adjustment of DOR held during previous periods of lost time.

g. The DOR in a grade to which reduced for inefficiency or failure to complete a school course is the same as that previously held in that grade. If reduction is to a higher grade than that previously held, it is the date the soldier was eligible for promotion under the promotion criteria set forth for that grade under AR 600-200, chapter 7. (See AR 140-158, chap 4 for USAR en-listed soldiers on active duty in the Active Guard Reserve (AGR) program.)

h. Date of rank on reduction for all other reasons is the effective date of reduction. (See AR 27-10, chap 3, when a soldier is reduced under the MCM (Article 15, UCMJ.))

i. The DOR on restoration to grade of rank from which reduced following successful appeal of the reduction, is the date held before reduction. (See AR 27-10, chap 3, when a soldier is reduced under the MCM, (Article 15, UCMJ.)

j. Date of rank for enlisted Reservists or Guardsmen ordered to active duty (other than active duty for training) from the USAR or ARNG is a date preceding the date of entrance on active duty by a period spent in an active status in the grade in which ordered to active duty subject to the following conditions:

(1) Only service performed after the most recent break in service is creditable. For the purpose of this paragraph, a period during which the soldier is not a member of any component of the Armed Forces is a break in service if such period is in excess of 3 months (enlisted soldiers) or 6 months (for-mer officers).

(2) Service performed prior to reduction to a pay grade lower than that in which a person enters on active duty is not credited.

k. The DOR for retired enlisted personnel who are recalled to active duty will be the DOR stated in the U.S. Total Army Personnel Agency orders placing him or her on active duty. Such DOR is computed by adding, at the time of retirement, the period of time between the date of retirement and the date of return to active duty. In case of additional periods of inactive service, the DOR is adjusted further.

I. The DOR for enlisted soldiers who immediately reenlist following removal from the Temporary Disability Retirement List (TDRL) is the original DOR held prior to being placed on the TDRL (section 1211, title 10, United States Code.) Soldiers who do not immediately reenlist following removal from the TDRL will have their DOR established under the provisions of c above.

m. The DOR for enlisted soldiers on restoration to the higher grade held prior to reduction to comply with requirements to attend school under an Army program will be the date of rank held prior to the reduction.

n. USAR and ARNG soldiers whose grades were reduced to enter on initial active duty for training (IADT) or to attend school will be restored upon satisfactory completion of training to their former grade with original DOR held prior to reduction.

o. The DOR of an ARNG soldier promoted to a higher grade held prior to acceptance of a reduction of one or more grades, without prejudice, due to lack of position vacancy or unit reorganization or inactivation, will be a date preceding the promotion by a period equal to the length of time previously served in the grade to which promoted.

Contents

Chapter 4 Military Discipline and Conduct

4-1. Military discipline

a. Military discipline is rounded upon self-discipline, respect for properly constituted authority, and the embracing of the professional Army ethic with its supporting individual values. Military discipline will be developed by individual and group training to create a mental attitude resulting in proper conduct and prompt obedience to lawful military authority.

b. While military discipline is the result of effective training, it is affected by every feature of military life. It is manifested in individuals and units by cohesion, bonding, and a spirit of teamwork; by smartness of appearance and action; by cleanliness and maintenance of dress, equipment, and quarters; by deference to seniors and mutual respect between senior and subordinate personnel; by the prompt and willing execution of both the letter and the spirit of the legal orders of their lawful commanders; and by fairness, justice, equity for all soldiers, regardless of race, ethnic origin, gender, or religion.

4-2. Obedience to orders

All persons in the military service are required to strictly obey and promptly exe-cute the legal orders of their lawful seniors.

4-3. Military courtesy

a. Courtesy among members of the Armed Forces is vital to maintain military discipline. Respect to seniors will be extended at all times. (See AR 600-25, chap 4.)

b. The actions of military personnel will reflect respect to both the National Anthem and the National Colors. The courtesies set forth in AR 600-25, appendix A, should be rendered the National Color and National Anthem at public events whether the soldier is off or on duty, whether he or she is in or out of uniform. Intentional disrespect to the National Colors or National Anthem is con-duct prejudicial to good order and discipline and discredits the military service.

4-4. Soldier conduct

a. Ensuring the proper conduct of soldiers is a function of command. Commanders rely upon all leaders in the Army, whether they are on or off duty or in a leave status, to-

(1) Ensure all military personnel present a neat, soldierly appearance.

(2) Take action against military personnel in any case where the soldier's conduct violates good order and military discipline.

b. The senior officer, WO, or NCO will act promptly, using such means as are avail-able, to restore order.

c. On public conveyances in the absence of military police, the person in charge of the conveyance will be asked to notify the nearest military police and arrange to have them take custody of military personnel guilty of misconduct. If necessary, the per-son in charge of the conveyance will be asked to stop at the first opportunity and turn the offender over to local police. In all such cases, the local police will be advised to telephone (collect) the nearest Army post or Army headquarters. The purpose is to ensure-.-

(1) The accused's commanding officer is notified.

(2) The commander of the area of responsibility in which the offense occurs takes proper action.

d. When an offense endangering the reputation of the Army is committed elsewhere (not on a public conveyance), civilian police will be requested to take the offender into custody when military police are not available.

e. When military police are not present, the senior officer, WO, or NCO present will obtain the name, grade, social security number, organization, and station of the offender. This information and a statement of the circumstances will be sent to the soldier's commanding officer without delay. When the offender is turned over to the civilian police, the above information will be given to the civilian police for transmittal to the proper military authorities.

4-5. Maintenance of order

Army and Marine Corps military police, Air Force Security Police, and members of the Navy and Coast Guard shore patrols are authorized and directed to apprehend Armed Forces members who commit offenses punishable under the UCMJ. Officers, WOs, NCOs, and petty officers of the Armed Forces arc authorized and directed to quell all quarrels, frays, and disorders among persons subject to military law and to apprehend participants. Those exercising this authority should do so with judgment and tact. Personnel so apprehended will be returned to the jurisdiction of their respective Services as soon as practical. Confinement of females will be according to AR 190-38, paragraph 4c, and AR 190-47.

4-6. Exercising military authority

a. Military authority is exercised with promptness, firmness, courtesy, and justice. Resorting to trial by court-martial, or to nonjudicial punishment under article 15, Uniform Code of Military Justice will not be done for trivial offenses, except when less drastic methods of administering discipline have been unsuccessful. (See part V, para 1d, Manual for Courts-Martial, United States, 1984, and AR 27-10, chap 3, sec 1.)

b. One of the most effective nonpunitive, corrective measures is extra training or instruction (including on-the-spot correction). For example, if soldiers appear in an improper uniform, they are required to correct it immediately; if they do not maintain their housing area properly, they must correct the deficiency in a timely manner. If soldiers have training deficiencies, they will be required to take extra training or instruction in subjects directly related to the shortcoming.

(1) The training, instruction, or correction given to a soldier to correct deficiencies must be directly related to the deficiency. It must be oriented to improving the soldier's performance in his or her problem area. Corrective measures may be taken after nor-mal duty hours. Such measures assume the nature of training or instruction, not punishment. Corrective training should continue only until the training deficiency is overcome. Authority to use it is part of the inherent powers of command.

(2) Care should be taken at all levels of command to ensure that training and instruction are not used in an oppressive manner to evade the procedural safeguards applying to imposing nonjudicial punishment. Deficiencies satisfactorily corrected by means of training and instruction will be not noted in the official records of the soldiers concerned.

4-7. Disciplinary powers of the commanding officer

a. See Manual for Courts-Martial, United States, 1984, regarding the disciplinary powers of the commanding officer.

b. In exercising authority to use nonpunitive measures (part V, para 1g, Manual for Courts-Martial, United States, 1984, and AR 27-10, para 3-3a), if the soldier to be administratively reprimanded is no longer a member of that command, the commander concerned will send the reprimand directly to the individual at his or her current duty station. (See AR 600-37.)

c. Disciplinary measures are tailored to the nature and circumstances of specific offenses. Commanders will not restrain disciplinary powers of subordinates by limiting the number of times various types of disciplinary actions are allowed.

4-8. Settlement of local accounts on change of station

To ensure organizations and individuals have properly settled their accounts, commanders will-

a. Make every effort to settle local ac-counts of their organizations before movement.

b. Take action, by mail, to promptly set-tie organizational accounts with local firms when unable to settle before movement.

c. Take action as needed when soldiers under their command issue checks against an account with insufficient funds or fail to clear their personal accounts before departure from their stations. This includes consideration under Articles 15, 121, 123a, 133, or 134, Uniform Code of Military Justice. When indebtedness information is received after a soldier departs from the station, the commanding officer of the station at which personal accounts remain unsettled will take action outlined in AR 600-15.

4-9. Civil status of members of the Reserve Components

a. Reserve Component members, not serving on active duty, are not considered officers or employees of the United States solely by reason of their Reserve status. They may accept and receive pay for employment in any civil branch of the public service, in addition to any pay and allowances they may be entitled to under the laws governing members of RCs.

b. A member of the RC, not serving on active duty, may practice his or her civilian profession or occupation before or in connection with any department of the Federal Government unless prohibited by law.

c. Conflict of interest laws impose limitations on activities in which persons may en-gage after terminating active duty or employment by the United States. The underlying principle is the real or perceived impropriety resulting when a person who has handled a Government matter leaves public service and then represents the other side in connection with the same (or a closely related) matter. (See section 207, title 18, United States Code.)

d. RC members who are officers end employees of the United States or the District of Columbia are entitled to a leave of absence from their civilian employment. This leave of absence will be granted without loss of pay, time, or efficiency rating on all days during which they are ordered to duty with troops or field exercises, or for instruction, for periods not over 15 days in any calendar year. As an exception, officers and employees of the United States or of the District of Columbia who are members of the Army National Guard of the District of Columbia are authorized leave for all days (no limit) on which they are ordered to duty for parades or encampment under section 6323, title 5, United States Code.

e. RC members may accept and be paid for civil employment with any foreign government, when approved by the Secretary of the Army and the Secretary of State. This includes any concern controlled in whole or in part by a foreign government. AR 600-291 is used for processing applications.

4-10. Participation In support of civilian law enforcement agencies

a. Commanders will not sanction the use of military personnel as sources or informants for civilian law enforcement agencies in the 50 States, the District of Columbia, or Trust Territories of the United States except when there is evidence the alleged criminal activity involves either of the following:

(1) Persons subject to UCM3.

(2) Military property.

b. This will not prevent military personnel from reporting crimes or other suspicious activities to civilian police agencies or otherwise cooperating with civilian police authorities in their capacities as private citizens. Neither does it preclude the mutual exchange of police information. AR 500-51 provides specific information concerning this matter.

4-11. Membership campaigns

DA recognizes, supports, and benefits from the activities of many worthy organizations, associations, and clubs. Many of these are quasi-military and composed largely or entirely of active or retired military personnel. Moreover, a number of them conduct meetings and other activities on military posts.

a. In supporting such organizations and associations, post commanders and heads of DA Staff agencies will-

(1) Ensure membership among personnel under their jurisdiction is truly voluntary.

(2) Prohibit any practice that involves or implies compulsion, coercion, influence, or reprisal in the conduct of membership campaigns. This prohibition includes repeated orientations, meetings, or similar counseling of persons who have chosen not to join after given a chance to do so. It also includes using membership statistics in support of supervisory influence.

(3) Prohibit any practice that involves or implies DA sponsorship of the organization and its activities.

b. This policy will not bar reasonable efforts to inform and encourage personnel, without coercion, regarding the benefits and worthiness of such organizations and of membership therein.

4-12. Extremist organizations

The activities of extremist organizations are inconsistent with the responsibilities of military service. Active participation by soldiers is prohibited. (See para 6-3.)

a. Military personnel, duty bound to up-hold the Constitution, must reject participation in organizations which-

(1) Espouse supremacist causes.

(2) Attempt to create illegal discrimination based on race, creed, color, gender, religion, or national origin.

(3) Advocate the use of force or violence, or otherwise engage in efforts to deprive individuals of their civil rights.

b. Passive activities, such as mere membership, receiving literature in the mail, or presence at an event, although strongly discouraged as incompatible with military service, are not prohibited by Army policy. Positive actions to limit soldier participation are listed in d below.

c. The prohibited activities concerning extremist groups include the following:

(1) Participating in a public demonstration or rally.

(2) Knowingly attending a meeting or activity while on duty, when in uniform, when in a foreign country, or in violation of off-limits sanctions or commander's order.

(3) Conducting fund-raising activities.

(4) Recruiting or training members (in-eluding encouraging other soldiers to join).

(5) Organizing or leading such a group.

(6) Distributing literature on or off a military installation.

(7) Participating in any activity that is in violation of regulations, constitutes a breach of law and order, or is likely to result in violence.

d. Commanders should take positive actions when soldiers in their units are identified as members of extremist groups and/or when they engage in extremist group activities. Some of these actions include"-

(1) Educating soldiers as to the Army's policy of fair and equitable treatment for all. Commanders will point out that soldiers holding views to the contrary are not in harmony with Army goals, beliefs, and values, and should seriously reconsider their position.

(2) Counseling and advising soldiers of the incompatibility of such organizations with military service, and that their membership-

(a) Will be taken into consideration when evaluating their overall performance to include appropriate remarks on evaluation reports.

(b) Is a legitimate factor to be considered when selections for positions of leadership and responsibility are made.

(3) Removing or recommending removal of security clearances, where appropriate.

(4) Initiating reclassification actions or bar to reenlistment actions, as appropriate.

(5) Initiating UCMJ action against soldiers whose activities violate military law. Possible violations include-

(a) Article 924allure to obey a lawful order or violation of a lawful regulation or general order (for example, participation in nonapproved on-post meetings or demonstrations, distribution of literature without approval, or discrimination).

(b) Article 116-Three or more people whose actions cause "Public Terror."

(c) Article 117-Provoking words or gestures.

(d) Article 134-Conduct which is disorderly or service discrediting.

(6) Considering involuntary separation for unsatisfactory performance or misconduct, or for conduct deemed prejudicial to good order, discipline, and morale.

(7) Denying requests for the use of on-post facilities by organizations which engage in discriminatory practice. (See para 6-7.)

(8) Imposing off-bruits restrictions on off-post facilities that pose a threat to the discipline, health, morale, safety, or welfare of military personnel in accordance with AR 190-24.

(9) Ordering soldiers not to participate in specific events sponsored by extremist groups when there is a reasonable likelihood of such participation resulting in activities which are illegal or are prejudicial to good order, discipline, or morale.

e. Actions taken by commanders must be appropriate to the specific facts surrounding any incident. Not every incident warrants separation or UCMJ action. Coordination with the servicing staff Judge Advocate is strongly advised.

4-13. Army language policy

English is the operational language of the Army. Soldiers must maintain sufficient proficiency in English to perform their military duties. Their operational communications must be understood by everyone who has an official need to know their content, and, therefore, must normally be English. However, commanders may not require soldiers to use English unless such use is dearly necessary and proper for the performance of military functions. Accordingly, commanders may not require the use of English for personal communications which are unrelated to military functions.

4-14. Relationships between soldiers of different rank

Relationships between soldiers of different rank that involve, or give the appearance of, partiality, preferential treatment, or the improper use of rank or position for personal gain, are prejudicial to good order, discipline, and high unit morale. It is Army policy that such relationships will be avoided.

a. Commanders and supervisors will counsel those involved or take other action, as appropriate, if relationships between soldiers of different rank-

(1) Cause actual or perceived partiality or unfairness.

(2) Involve the improper use of rank or position for personal gain.

(3) Create an actual or clearly predict-able adverse impact on discipline, authority, or morale.

b. The commander wilt be responsible for establishing the leadership climate of the unit. This sets the parameters within which command will be exercised and, therefore, sets the tone for social and duty relationships within the command.

c. Commanders share responsibility for the professional development of their soldiers. To this end, they encourage self-study, professional development, and continued growth of their subordinates' military careers.

(1) Commanders and other leaders committed to the professional Army ethic pro-mote a positive environment. If leaders show loyalty to their soldiers, the Army, and the Nation, they earn the loyalty of their soldiers. If leaders consider their soldiers' needs and care for their well-being, and if they demonstrate genuine concern, these leaders build a positive relationship carrying over into their lives with each other.

(2) Duty is obedience and disciplined performance. Soldiers with a sense of duty accomplish tasks given them, seize opportunities for self-improvement, and accept responsibility from their seniors. Soldiers, leader and led alike, work together to accomplish the mission rather than feed their self-interest.

(3) Integrity provides a way of life. Demonstrated integrity is the basis for dependable information, decision-making, and delegation of authority.

d. Professionally competent leaders will add to respect for their authority by-

(1) Striving to develop, maintain, and use the full range of human potential in their organization. This potential is a critical factor in ensuring that the organization is capable of accomplishing its mission.

(2) Giving troops constructive information on the need for and purpose of military discipline. Articles in the UCMJ which require explanation will be presented in such a way to ensure that soldiers are fully aware of the controls and obligations imposed on them by virtue of their military service. (See Article 137, Uniform Code of Military Justice.)

(3) Properly training their soldiers, and ensuring that equipment and they, them-selves, will be in the proper state of readiness at all times. Soldiers must be committed to accomplishing the mission through the unit cohesion developed as a result of a healthy leadership climate established by the command. Leaders at all levels promote the individual readiness of their soldiers by developing competence and confidence in their subordinates. In addition to being mentally, physically, tactically, and technically competent, soldiers must have confidence in themselves, their equipment, their peers, and their leaders. A leadership climate in which all soldiers are treated with fairness, justice, and equity will be crucial to development of this confidence within soldiers.

e. All soldiers and Army civilians must understand that this policy is based on the principle of good judgment. An association between an officer and an enlisted soldier might not be considered fraternization yet still be inappropriate. Similarly, certain relationships between enlisted soldiers, or between officers, may be inappropriate. Just because a certain relationship does not break the law, does not mean it is acceptable or appropriate.

(1) Prejudgments in evaluating relation-ships and associations between soldiers of different rank have no place in military society. An association between soldiers of different rank who also are of different gender does not necessarily create a greater potential for impropriety than one between soldiers of the same gender. Relationships between males of different rank in the male-dominated military organization have as much potential for real or perceived partiality. Mentoring, coaching, and teaching of soldiers by their seniors should not be inhibited by gender prejudice. Strong bonds are needed to build commitment, esprit, and confidence necessary for mission accomplishment and human self-fulfillment.

(2) The policy applies to all relationships between soldiers of different rank. Any social or duty relationship may result in an impropriety. When soldiers date or marry other soldiers junior in rank, the potential for problems increases. Value conflicts may arise because the emotions and affections which draw people together are among the strongest in human society. In addition, there is a special confidence and trust placed in our officers and noncommissioned officers which must be honored. Soldiers must re-main aware that relationships between soldiers of different rank may lead to perceptions of favoritism or influence. The appearance of impropriety can be as damaging to morale and discipline as actual misconduct.

(3) Same sex relationships between soldiers of different rank may cause problems. The Army affirms managing our personal relationships to promote the health and welfare of all concerned and maintaining good order, morale, and discipline.

(4) The abuse of authority and the appearance of partiality are major causes of problems. The senior must exercise authority in such a manner as to affirm the welfare and dignity of all subordinates and limit the potential for actual or perceived abuse of authority.

(5) Certain structures within the military demand closer scrutiny because of the greater risk that they will involve partiality or an abuse of authority, or the appearance of either. These include, Initial Entry Training (IET), Advanced Individual Training, and military schools. Military commanders have always closely controlled relationships between trainers and trainees. The exercise of military authority over the life of a young soldier makes obedience the proper response to the senior. These relationships are regulated in a very restrictive manner. Also discouraged are relationships between senior and subordinate members of the same unit or between soldiers closely linked in the chain of command or supervision. They are fraught with the possibility of actual or perceived favoritism, and are, therefore, potentially destructive of discipline, authority, morale, and soldier welfare.

(6) When the senior has authority over the lower ranking soldier or has the capability to influence actions, assignments, or other benefits or privileges, there is the strongest justification for exercising restraint on social, commercial, or duty relationships. At the same time, when the senior does not have this authority or capacity regarding the lower ranking soldier, social relation-ships are not inherently improper and normally need not be regulated. Soldiers must be aware, however, that even these relation-ships can lead to perceptions of favoritism and exploitation under certain circumstances.

(7) Because determinations are often made to judge a relationship as improper, supervisors, leaders, and commanders must exercise their best leadership. The professional Army ethic of loyalty, duty, selfless service, and integrity requires leaders of all ranks to be truly professional.

(8) Commanders have the responsibility to articulate what is improper. If the commander becomes aware of a relationship which has the potential for creating an appearance of partiality or preferential treatment, counseling the soldiers concerned is usually the most appropriate initial action. This also generally holds true for those relationships which involve only the appearance of partiality and have had no adverse impact on discipline, authority, or morale. Counseling is a most effective leadership tool. In addition, commanders may use administrative actions (for example, reassignment, oral or written admonitions, or reprimands) to assist in controlling these relationships. A close, unofficial relationship between soldiers of different rank normally should not result in an unfavorable evaluation or efficiency report, relief from command, or other significant adverse action unless it clearly constitutes a relationship that violates this policy. Even in such cases, counseling the soldiers concerned and al-lowing them an opportunity to terminate the improper relationship, rather than immediate imposition of disciplinary or other significant adverse administrative action, usually will be most appropriate. this is especially true if there has been no actual partiality or unfairness and no actual use of rank or position for personal gain.

(9) When an official relationship between soldiers violates this policy, the Army is firmly committed to corrective action.

4-15. Trainee and soldier relationships

Relationships between permanent party personnel and IET trainees not required by the training mission are prohibited. This prohibition applies to permanent party officers and noncommissioned officers without regard to the installation of assignment of the permanent party member or IET trainee. The above prohibition dices not forbid or re-strict positive instructor-student relations but precludes improper relationships such as those referred to in paragraph 4-14.

4-16. Fraternization

Relationships in paragraph 4-14e, if between officers and enlisted soldiers, are prohibited by the customs of the Service and may constitute the offense of fraternization under the provisions of article 134, Uniform Code of Military Justice. (See Part IV, para 83, Manual for Courts-Martial, United States, 1984.)

4-17. Standards of conduct Department of the Army personnel should place loyalty to country, ethical principles, and law above private gain and other interests. The performance of their duties should be in keeping with the highest tradition of military and civilian service to the U.S. Government. AR 600-50 prescribes mini-mum standards of conduct required of all soldiers and Army civilians to enable them to avoid conflicts of interest between their private interests (including commercial and financial interests) and their official duties.

Contents

Chapter 5 Other Responsibilities of Command

5-1. General

This chapter sets forth additional responsibilities concerning certain soldier activities and practices whose regulation are inherent aspects of command. Violation of the provisions of this chapter will provide a basis for disciplinary action under the UCMJ for those subject to its provisions.

5-2. Congressional activities

a. Communicating with a Member of Congress. No person may restrict any member of the Armed Forces from communicating with a Member of Congress, unless the communication is unlawful or violates a regulation vital to the security of the United States. (See section 1034, title 10, United States Code.) No person may be penalized or disciplined solely for having communicated with a Member of Congress, either personally or through other persons. However, leaders will be responsible for continually advising subordinates to seek advice or assistance within the chain of command, from proper staff agencies, or from an inspector general if there is a complaint. Soldiers should also be informed that a communication concerning a personal problem sent to anyone not in the local chain of command will be returned to the local commander. The commander will consider the matter before action is taken to render assistance. Soldiers should so advise members of their families.

b. Appearance before congressional committees. DA policy will be to provide maxi-mum information about its operation and activities to congressional committees. This information is subject to the provisions of AR 380-5, paragraph 7-105. When asked to appear before a congressional committee, Army military personnel will coordinate with the Chief of Legislative Liaison, Office of the Secretary of the Army for guidance or assistance. Coordination will be accomplished with the Comptroller of the Army on matters pertaining to the budget. AR 1-20 contains additional information concerning this possibility.

5-3. Political activities

a. Obligations as a citizen. Soldiers are expected to carry out their obligations as citizens. However, while on active duty, soldiers (including full-time National Guard) are prohibited in certain cases from becoming a candidate for or holding civil office and engaging in partisan political activities. The following principles apply:

(1) Soldiers may-

(a) Register, vote, and express their personal opinion on political candidates and is-sues, but not as a representative of the Armed Forces.

(b) Contribute money to a political party or political committee favoring a particular candidate or slate of candidates. (These contributions are subject to the limitations of sections 603, 606, 607, title 18, United States Code.)

(c) Attend partisan or nonpartisan political meetings or rallies, except as prohibited by this chapter.

(d) Campaign with regard to referenda, constitutional amendments, approval of municipal ordinances, or issues of similar character, except as prohibited by this chapter.

(e) Campaign in elections where none of the candidates represents a political party.

(2) Soldiers may not-

(a) Use their official authority or influence to interfere with an election, affect the course of its outcome, solicit votes for a particular candidate or issue, or require or solicit political contributions from others.

(b) Be a candidate and hold civil office, except under the conditions set forth in this chapter.

(c) Take part in the management or conduct of partisan political campaigns or conventions. This includes fund-raising activities or giving political advice to particular campaigns or candidates.

(d) Make financial contributions to a political candidate, or authorized committee of a candidate, when the candidate is the employer or employing authority of the contributor.

b. Examples of activities. To help apply the foregoing general provisions to factual situations, appendix B gives examples of permissible and prohibited political activities. These guidelines do not supersede other Army policies based on DoD Directive 1325.6 dealing with dissident and protest activities among members of the Army, but are used in conjunction with them.

c. Federal statutes. Appendix C contains excerpts from several Federal statutes prohibiting certain types of political activities by members of the Armed Forces.

d. Participation in political meetings or rallies, picket lines, and public demonstrations. Taking part in partisan or nonpartisan political meetings or rallies, picket lines, or any other public demonstrations may imply Army sanction of the cause for which the demonstration or meeting is conducted. Unless sanctioned by competent authority, soldiers will be prohibited from taking part-

(1) During the hours they are required to be present for duty.

(2) When they are in uniform, on a military reservation, or in a foreign country.

(3) When their activities constitute a breach of law and order.

(4) When violence is reasonably likely to result.

e. Candidacy for elective office.

(1) A soldier may not campaign as a partisan candidate for nomination or as a partisan nominee for civil office. However, when circumstances justify, the installation commander may permit the soldier to file such evidence of nomination or candidacy for nominations as may be required by law. This permission may not authorize activity prohibited by this chapter while on active duty.

(2) A soldier may not be a nonpartisan candidate for any civil office requiring full-time service while serving an initial tour of extended active duty. This provision will al-so apply to tours of extended active duty resulting from schooling, or other training wholly or partly at the expense of the Government.

f. Prohibition against election or appointment to civil office.

(1) Regular officers on the active duty list may not hold or exercise by election or appointment the functions of a civil office, except as otherwise provided by law. (See l0 USC 973.)

(2) Officers on the active list of an RC and enlisted personnel may be retired, discharged, or released to inactive duty, as appropriate, if they are-

(a) Elected as a partisan candidate to any civil office or as a nonpartisan candidate to a civil office requiring full-time service.

(b) Appointed to a civil office requiring full-time service. Soldiers on initial extended active duty and funded schooling will not be released. In selected cases, the Secretary of the Army may release Reservists from their active duty obligations and permit them to accept the civil office to which elected.

(3) No member of the Armed Forces may be assigned or detailed to perform du-ties in the legislative or judicial branches of the U.S. Government, except under a scholarship, fellowship, grant, or internship, or except to perform duties for a specific duration on a specific project, as a member of the staff of a court, or of a committee of the Congress. In order to do this, the member must first agree to incur an active duty Service obligation commencing from the termination of the assignment or detail and lasting equal to the assignment or detail, or to the obligation prescribed in applicable Service regulations, whichever is greater. These obligations may be waived by the Assistant Secretary of Defense (FM&P). (DOD Directive 1000.7 prescribes the specifics for this action.)

5-4. Command aspects of medical care

a. Necessary medical care. A soldier on active duty or active duty for training will usually be required to submit to medical care considered necessary to preserve his or her life, alleviate undue suffering, or protect or maintain the health of others. Commanders may order the examination of any soldier in their command when warranted. The medical treatment facility commander will determine if hospitalization of the soldier is appropriate.

b. Medical care with or without the soldier's permission.

(1) Emergency medical care required to save the life or health of the soldier may be performed. This is determined by the at-tending physician. If the soldier should refuse treatment required, and the unit commander is not available, the hospital commander may order the treatment given.

(2) Immunizations required by AR 40-562 or other legal directive (subject to any limitation stated in these directives) may be given.

(a) The policy of authorizing forcible immunization is intended to protect the health and overall effectiveness of the command as well as tile health of the soldier. Soldiers do not have an option as to whether they will be immunized except as prescribed in AR 40-5fi2, paragraph 9, and paragraph 54 of this regulation.

(b) In performing this duty, medical personnel are expected to use only the amount of force needed to give the immunization. Any force necessary to overcome a soldier's reluctance to immunization will normally be provided by personnel acting under orders from the soldier's unit commander. Every reasonable effort should be made to avoid the need for disciplinary action. How-ever, soldiers should be advised that they may subject themselves to disciplinary action by resisting. They should also be informed that they will be inoculated with or without their consent. Before any mandatory immunization, an explanation should be given concerning the necessity for submit-ting to the required inoculation.

(3) Isolation and quarantine for cases of suspected or proven communicable disease may be appropriate.

(4) Detention on closed wards may be required when needed to ensure proper medical supervision or to protect the soldier or others from harmful acts.

(5) Medical care related to the mental disorders of soldiers who are found incompetent by a medical board may be given, provided life or health is not likely to be endangered by such procedures or care. (This provision also applies if the soldier is believed incompetent and medical board action is pending.) These soldiers may also be given routine medical care needed to treat minor ailments.

(6) Medical care of a diagnostic nature may be undertaken in order to determine whether a situation exists that would authorize other medical care to be performed with or without the soldier's permission.

(7) Physical examinations and associated procedures, and dental or radiological examinations may be required when one or more of the following apply:

(a) Required by law or regulation.

(b) Authorized to be performed without consent by law or other regulations.

(c) Directed by an individual's commander or other appropriate official in order to determine the individual's fitness for duty.

(8) Nothing in this paragraph limits the authority of appropriate officials to order the performance of medical procedures for the purpose of obtaining evidence without the consent of the individual concerned, and without board action in cases where such procedures are authorized under other regulations or the Military Rules of Evidence, MCM.

c. Refusal to submit to medical care other than care described in paragraph 5-4b.

(1) Soldiers on active duty or active duty for training who refuse to submit (or whose court-appointed guardian or other legal representative objects) to recommended medical care will be referred to a medical board. (See AR 40-3, para 7-5.)

(2) Soldiers will be referred to a medical board if they refuse to submit to dental care and/or radiographic (x-ray) procedures deemed necessary by the installation dental surgeon to create dental record and panographic records of the oral dentition-

(a) to aid in remains identification.

(b) to treat dental conditions judged to be prejudicial to military operations or deployment which may result in evacuation or treatment within the first 6 months. (See AR 40-3, para 7-5.)

(3) When a soldier refuses to submit to recommended care because of religious practices, the provisions of paragraph 5-6 apply.

d. Medical board proceedings when medical care is refused.

(1) The examining medical board's report should contain the following information:

(a) Statement that the proposed treatment will relieve the incapacity and aid the soldier's return to a duty status.

(b) Statement that the proposed treatment is an established procedure that qualified and experienced physicians ordinarily would recommend and undertake.

(c) Statement that the soldier's refusal to undergo treatment is reasonable or unreasonable. In the case of a mentally incompetent soldier, statement that compulsory treatment is warranted. Consideration should be made of the risks ordinarily associated with the proposed treatment, the soldier's age, general physical condition, and his or her reasons for refusing treatment.

(2) Generally, refusal of medical care is considered unreasonable without substantial evidence the treatment is inadvisable. However, in deciding whether refusal of medical treatment, including surgery, is reasonable or unreasonable, the board should consider among other things-

(a) Existing evidence that the physical or mental treatment is inadvisable.

(b) Previous unsuccessful operations and procedures.

(c) Any special risks involved in the pro-posed medical treatment.

(3) The report of the medical board proceedings will show the need and risk of the proposed medical care refused by the soldier. Moreover, it will show that the soldier was given the chance to appear in person and will indicate if the soldier's condition permitted appearing. The report will further show that the soldier was given the chance to submit a written statement explaining the grounds for refusal. Any statement submitted will be sent with the report.

(4) Soldiers believed to be incompetent will be aided by a representative who may appear in their behalf. The representative need not be legally qualified.

(5) The soldier will be informed of the approved findings if the proposed medical care is needed-

(a) To protect the soldier's health.

(b) To protect the health of others.

(c) To enable the soldier to perform his or her duties properly.

(6) The board findings must also state that the proposed care will have a positive effect.

e. Soldiers must be given the results of the board proceedings (d above) and offered the opportunity to accept the prescribed medical care. If the soldier still refuses, the medical treatment facility commander will send the medical board proceedings to HQDA (SGPS-CP), 5111 Leesburg Pike, Falls Church, VA 22041-3258 for review. When refusal to submit to the prescribed medical care is based on religion, The Surgeon General (TSG) will refer the medical board proceedings to the Committee for Re-view of Accommodation of Religious Practices within the U.S. Army for review and an advisory opinion before action.

(1) TSG will either approve or disapprove the medical board proceedings and return them to the medical treatment facility commander.

(2) If TSG approves the medical board proceedings, the soldier is again given the chance to accept treatment. If the soldier persists in refusing the medical care, the medical treatment facility commander refers the matter to the proper Special Court-Martial Convening Authority. Copies of the medical board proceedings are provided. If the Special Court-Martial Convening Authority orders the soldier to submit to treatment and the soldier refuses to obey, the commander may take-

(a) Disciplinary action according to MCM.

(b) Administrative action to separate the soldier from service through retirement, discharge, or other legal means.

5-5. Pregnancy and family care counseling

a. Commanders will ensure that the soldiers defined in this paragraph are identified and counseled using DA Form 5304-R (Family Care Counseling Checklist) and, when applicable, DA Form 5305-R (Statement of Understanding and Responsibility). These will be locally reproduced on 8 1/2 by 11 inch paper. A copy for local reproduction is at the back of this regulation.

(1) Pregnant soldiers will be counseled in accordance with AR 135-91, AR 635-100, or AR 635-200. Such counseling must in-elude the specific information pertaining to the costs of maternity care obtained from civilian sources and the limitations concerning maternity care in military medical facilities.

(2) Dual-service parents of all active duty and Reserve Components will be counseled by his or her commander when one or more of the following apply-

(a) Married to a member of the Army or another Service (see paragraph g(5) below).

(b) Have joint physical and legal custody of one or more children under age 18.

(c) Have family members incapable of self-care regardless of age.

(3) Single parents of all active duty and Reserve Components will be counseled when one or more of the following apply:

(a) Have no spouse or are legally separated from a spouse.

(b) Have physical and legal custody of one or more children under age 18.

(c) Have family members incapable of self-care regardless of age.

b. Soldiers must arrange for the care of their family members so as to-

(1) Be available for duty when and where the needs of the Service dictate.

(2) Be able to perform assigned military duties without interference.

(3) Remain eligible for worldwide assignment.

c. Commanders must stress the obligations in b. above. Moreover, they must en-sure that soldiers know they do not receive special consideration in duty assignments or duty stations based on their responsibility for family members. The main evidence that soldiers have made adequate arrangements for the care of their dependents will be the execution of a DA Form 5305-R.

d. Enlisted soldiers are further counseled regarding-

(1) Voluntary and involuntary separation under provisions in AR 135-178, chapter 4, or AR 635-200, chapters 5 and 6, whenever parenthood interferes with military responsibilities.

(2) A bar to reenlistment for failure to provide an approved family care plan, or for failure to manage family affairs in accordance with AR 140-111, chapter 1, AR 601-280, chapter 6, or NGR 600-200, chapter 7.

e. Officers will be counseled regarding voluntary and involuntary separation under provisions in AR 135-175, chapter 2, or AR 635-100, chapters 3 and 5, whenever parenthood interferes with military responsibilities.

f. All single parent soldiers and dual-service parents will be further counseled if they receive instructions for an outside continental United States (OCONUS) assignment and plan to take their family members or if they have a child(ren) born during an OCONUS assignment that-

(1) They must arrange for a guardian to care for their dependent family members in the continental United States (CONUS) in the event their family members are evacuated from OCONUS.

(2) Prior to departure or within 60 days of the birth(s), soldiers will be required to complete a DA Form 5305-R, providing the name, address, and telephone number of a person in CONUS designated as guardian for dependent family members.

(3) The balance of the family care plan will be completed upon arrival at the new OCONUS unit.

(4) Soldiers unable to provide required names will be ineligible for family travel and are deployed on "all others" tours. Such soldiers, if careerists, are barred from reenlistment.

(5) Enlisted personnel unable to deploy because of parental responsibilities may be processed for separation under AR 635-200, paragraph 5-8.

(6) Officers unable to deploy because of parental responsibilities may be processed for separation under AR 635-100, para-graph 5-12.

g. Procedures for completion of DA Form 5304-R and DA Form 5305-R.

(1) During inprocessing the affected soldier will sign DA Form 5304-R after proper counseling.

(2) The soldier will be informed that must complete DA Form 5305-R within 2 months of the date of counseling or within two months of the birthdate of the child for single or dual service parents.

(3) All soldiers, officers and enlisted, who are not required to sign DA Form 5304-R or submit a DA Form 5305-R under provisions of this paragraph, will be encouraged to maintain a personal family care plan.

(4) Unit commanders may approve or disapprove required family care plans based on the following:

(a) The soldier explained, to the satisfaction of the commander, his or her plans for circumstances listed on the DA Form 5305-R and that such plans are reasonable and workable.

(b) The family care plan reflects a reasonable and workable solution for each contingency listed on the DA Form 5305-R.

(c) The soldier's status as a single parent or dual-service parent has not interfered with the performance of military duties.

(d) The soldier is available for worldwide assignment.

(5) Dual-service parents are, when practicable, counseled together.

h. Plans, approved or disapproved, will be filed in the unit files within 2 months of the date of counseling. A copy will be pro-vided to the soldier. If a plan is disapproved, the soldier will be given a chance to submit additional documentation or evidence. When the soldier departs the unit, DA Form 5304-R and DA Form 5305-R will be held in the unit files for 90 days and then destroyed.

i. DA Form 5305-R will be recertified periodically but, at a minimum, during the anniversary of the soldier's birth month. It is revised after any change of circumstances requiring a change in family care arrangements. The commander, or designated representative, indicates recertification of approval by initialing and dating DA Form 5305-R, and ensures that correct information is provided for the Family Care Counseling Report (SIDPERS AAC-C43).

j. Comments or questions concerning reenlistment or counseling requirements under this policy may be sent to HQDA (DAPE-MPS), WASH DC 20310-0300.

k. Maximum testing of the validity of family care plans should be regularly accomplished (for example, during exercises, alerts, and other unit activities) to ensure information on a soldier's Family Care Plan is correct.

5-6. Accommodating religious practices

The Army places a high value on the fights of its soldiers to observe tenets of their respective religions. It is the Army's policy to approve requests for accommodation of religious practices when they will not have an adverse impact on military readiness, unit cohesion, standards, health, safety, or discipline, or otherwise interfere with the performance of the soldier's military duties. However, accommodation of a soldier's religious practices cannot be guaranteed at all times but must depend on military necessity. (See DA Pam 600-75 for information on procedures.)

a. The DCSPER will establish policy on the accommodation of religious practices within the U.S. Army and form the Committee for the Review of the Accommodation of Religious Practices within the U.S. Army.

(1) Establishment. The Committee for the Review of the Accommodation of Religious Practices within the U.S. Army is hereby established as a continuing committee.

(2) Purpose. It will-

(a) Meet on call to evaluate the Army's policies and procedures in implementing DOD Directive 1300.17.

(b) Provide recommendations to the DCSPER-

1. Concerning any request for accommodation of any religious practice not contained in this chapter.

2. To approve or disapprove denials by commanders concerning the wear of items of religious apparel by soldiers in uniform.

(c) Provide advice as requested by commanders and soldiers.

(3) Composition. The committee consists of a representative from the following Army Staff agencies:

(a) Office of the Deputy Chief of Staff for Personnel (ODCSPER).

(b) Office of the Deputy Chief of Staff for Operations and Plans.

(c) Office of the Deputy Chief of Staff for Logistics.

(d) Office of the Chief of Chaplains.

(e) Office of The Inspector General.

(f) Office of The Judge Advocate General.

(g) Office of The Surgeon General.

(4) Direction and control. The Chief, Human Resources Division, ODCSPER, is designated to chair the committee and to act for the DCSPER as necessary. Reporting channels and tasking authority are in (2) above. Reporting requirements are as specified in AR 5-5, paragraph 3-6.

(5) Administrative support. Administrative support will be provided by the Human Resources Division, ODCSPER.

b. The following should ensure that every enlisted (to include reenlistment) cadet, warrant officer, and commissioned officer applicant is informed of the Army's policies concerning accommodation of religious practices as set forth in this regulation:

(1) Commanding General, U.S, Army Recruiting Command (for all enlisted and Nurse Corps accessions).

(2) Commanding General, U.S. Army Training and Doctrine Command (TRADOC) (for all Reserve Office Training Corps cadets and officer and warrant officer candidates).

(3) The Surgeon General (for all AMEDD officer accessions less Nurse Corps accessions).

(4) The Judge Advocate General (for all judge advocate officer accessions).

(5) The Chief of Chaplains (for all chap-lain officer accessions).

(6) Superintendent, U.S. Military Academy (for all U.S. Military Academy cadet applicants).

(7) The Deputy Chief of Staff for Personnel (for all applicants for reenlistment).

c. The applicant should acknowledge that the accommodation of religious practices cannot be guaranteed but will only be approved by commanders when the religious practice will not have an adverse impact on military readiness, unit cohesion, standards, health, safety, or discipline, or otherwise interfere with the performance of the applicant's military duties. The applicant should further be advised that the conditions of accommodation may be changed by the unit commander or other appropriate authority based on military need.

d. The Chief of Chaplains will formulate and disseminate education and training programs regarding religious traditions and practices within the U.S. Army.

e. The Commanding General, TRADOC, and other MACOM commanders will ensure that training on the provisions of this chapter is provided in appropriate instruction programs for individuals in the positions of commanders at the unit level through brigade chaplains and judge advocates.

f. Unit commanders will consider and approve or deny, as appropriate, requests for accommodation of the religious practices defined in this chapter. Wearing of religious apparel while in uniform is governed by paragraph h(4)(b) below. Unit commanders may rescind previously granted accommodations of religious practices when necessary. Any request for accommodation of religious practices not addressed by this regulation may be sent for consideration through command channels to HQDA (DAPE-MPH), The Committee for Review of Accommodation of Religious Practices within the U,S. Army, WASH DC 20311-0300,

g. Guidelines and procedures for commanders and soldiers are in DA Pam 600-75.

h. The following considerations apply:

(1) Accommodation of religious worship practices.

(a) Some religious groups have worship requirements that conflict with the soldier's availability for duty; for example, a 25-hour sabbath, time for worship on days other than Saturday or Sunday on a normal basis, or for holy days or periods. The unit commander must determine when individuals must be available for duty. The unit commander will be charged with the creation and maintenance of unit cohesion, discipline, readiness, and operational performance. Religious worship conflicts involving these issues will be handled best at the lowest level where personal relationships and knowledge of the circumstances exist.

(b) Worship services, holy days, and sabbath observances will be accommodated except when precluded by military necessity. If the time required for religious worship is consistently during normal duty hours, the soldier may request an exception to normal duty hours. The soldier must document the need for the exception and be prepared to perform alternative duty hours to maintain individual or unit readiness requirements. Ordinary leave will be an alternative for lengthy holy periods or days.

(2) Accommodation of religious dietary practices.

(a) Some faith groups have religious tenets that prohibit the eating of specific foods or prescribe their preparation. These dietary restrictions are normally prohibitions against specific foods more than requirements to eat only a few select foods. Most of these needs are met in garrison with the current diet while being more difficult in a field or combat environment. Meals-ready-to-eat (MRE) should accommodate most soldiers with religious dietary concerns and may be the only ration available.

(b) A soldier with a conflict between the diet provided by the Army and the diet required by the soldier's religious practice may request an exception to policy to ration separately and take personal supplemental rations when in a field/combat environment.

(3) Accommodation of religious medical practices.

(a) Some religious practices conflict with normal Army medical procedures. These conflicts include the belief in self-care and prohibitions against immunizations, blood transfusions or surgery. The Army's concern is with the possible effect on the soldier's health and ability to Carry out assigned tasks, on military service medical systems, and on the health of others.

(b) A soldier whose religious tenets profess self-care may request accommodation of this religious practice for nonemergency/nonlife threatening illness or injury. However, the unit commander and the medical treatment facility commander will deter-mine the time constraints for the soldier to recuperate without requiring medical care.

(c) Soldiers who refuse to submit (or whose court-appointed guardian or other legal representative objects) to recommended medical treatment because of religious practices will be referred to a medical board. A chaplain will be appointed as a member of the board.

(d) The examining medical board's re-port should contain the following information:

1. Proposed treatment required to relieve the incapacity and aid the soldier's return to duty status, and expectation to do so.

2. Reasonableness of the soldier's refusal to undergo treatment as based on religious tenets. (The risks ordinarily associated with the proposed treatment and the soldier's age, general physical condition, and the reasons for refusing treatment should be considered.)

3. Need and risk of the proposed medical care refused by the soldier. Moreover, it will show the soldier was given the chance to appear in person and will indicate whether conditions permitted an appearance.

4. Evidence that the soldier was given the chance to submit a written statement explaining grounds for refusal, as well as to have representation from the soldier's religious faith group. Any statements submitted will be included with the report.

(e) Soldiers believed incompetent will he aided by an appointed counsel who may appear in their behalf. The counsel need not be legally qualified.

(f) If the examining board finds that pro-posed medical care is needed to protect the soldier's health or the health of others, the soldier must be informed and given the opportunity to accept the prescribed medical care. If the soldier still refuses, the medical treatment facility commander will send the medical board proceedings to TSG who will forward it to The Committee for Review of Accommodation of Religious Practices within the U.S. Army for an advisory opinion. TSG will approve or disapprove the medical board proceedings and return them to the medical treatment facility commander. If TSG approves the medical board proceedings, the soldier is again given the opportunity to accept treatment. If the soldier persists in refusing medical care, the medical treatment facility commander refers the matter to the soldier's special court-martial convening authority in accordance with paragraph 54 with a copy of the medical board proceedings. The special court-martial convening authority may then initiate administrative, nonjudicial, or judicial action, as appropriate.

(g) In emergency situations the medical treatment facility commander may order or the attending physician may take immediate steps to save a soldier's life regardless of religious practices.

(h) All Army personnel will receive immunizations as prescribed in AR 40-562. Persons whose religious practices conflict with the requirements of AR 40-562 may request temporary waiver of the Area I immunizations or nonessential immunizations while stationed in CONUS units that have no contingencies for deployment to areas II, IIY, or IIP. Personnel in units with deployment contingencies to areas II, IIY, or IIP will be required to maintain immunizations as appropriate. Assignment limitations will not be granted for lack of immunizations due to religious practices.

(4) Accommodation of religious dress and appearance practices.

(a) Subject to temporary revocation due to health, safety, or mission requirements, soldiers may wear-

1. Religious apparel, articles, and jewelry that are not visible or apparent.

2. Visible or apparent religious articles, symbols, and jewelry under the same circumstances as authorized for nonreligious reasons. Hair and other grooming practices are governed by AR 670-1.

(b) Soldiers may wear an item of religious apparel while wearing the Army uniforms, except when wearing the item would interfere with the performance of the soldier's duties, or when the item is not neat and conservative.

1. "Religious apparel" is defined as articles of clothing worn as part of the observance of the religious faith practiced by the soldier.

2. Application of the term "neat and conservative" is not intended to limit the wear of religious apparel during worship services or other rites and rituals distinct to a faith or denominational group. However, commanders may for operational or safety reasons place reasonable limits on the wear of non-subdued items of religious apparel during worship services or other rites and rituals conducted in the field.

3. When a soldier is wearing an Army uniform outside of worship services or other rites and rituals, neat and conservative items of religious apparel are those that are discreet in style and design, and subdued in brightness or color; do not replace or interfere with the proper wearing of any pre-scribed article of the uniform; and are not temporarily or permanently affixed or appended to any prescribed article of the uniform.

4. The standards above serve as a basis for commanders to determine whether an item of religious apparel may continue to be worn while the soldier is in uniform.

5. Whether an item of religious apparel interferes with a soldier's military duties depends on the characteristics of the item, the circumstances of its intended wear, and the particular nature of the soldier's duties. Factors in determining whether an item of religious apparel interferes with military du-ties include, but are not limited to, whether the item may impair the safe and effective operation of weapons, military equipment, or machinery; pose a health or safety hazard to the wearer or others; interfere with the wearing or proper functioning of special or protective clothing or equipment (examples include but are not limited to helmets, protective clothing, flight suits, wet suits, protective masks, and crash and rescue equipment); or otherwise impair the accomplishment of the military mission.

6. A complete prohibition on the wearing of any visible item of religious apparel may be appropriate under unique circumstances in which the soldier's duties, the military mission, or the maintenance of discipline re-quire absolute uniformity. Examples of this include but are not limited to: the wear of historical or ceremonial uniforms, parades, honor or color guards (other than during designated off-duty hours) when absolute uniformity is necessary.

7. Unit commanders who deny a soldier the wearing of items of religious apparel while in uniform under the provisions of this paragraph will forward the denial and supporting documents through their chain of command to the Committee for review. Any commander in the chain of command may review and grant the wear of the religious apparel in question. The action to approve eliminates the need for review by the Committee. Denials forwarded for review must be received at HQDA not later than 25 days following initial denial in CONUS and 55 days following initial denial in OCONUS. Prompt processing and strict adherence to the above time limits are essential in order that HQDA may complete final review within the 30 and 60 day periods mandated by the DUD directive.

8. Soldiers who are denied the wearing of an item of religious apparel must comply with the prohibition pending the review of such orders by the chain of command and HQDA.

(c) Soldiers may submit requests for other exceptions to uniform wear and appear-acne standards to accommodate religious practices. These requests will be made in accordance with DA Pam 600-75.

(d) In addition, chaplains may wear religious attire as described in AR 670-1, CTA 50-909, and AR 165-20 in the performance of religious services.

i. As an exception to policy, religious-based exceptions to policy previously given soldiers under the provisions of this regulation prior to i January 1986 continue in effect as long as the affected soldiers remain otherwise qualified for retention. However, soldiers previously granted authority to wear unshorn hair, unshorn beard, or permanent religious jewelry will not be as-signed permanent change of station or temporary duty out of CONUS due to health and safety considerations.

j. All personnel separated or discharged from the U.S. Army because of conflict between their religious practices and military requirements will be subject to recoupment of Federal funds as outlined in referenced directives.

5-7. Prohibition of military labor unions

a. Incompatibility with military service.

(1) Soldiers must be prepared to fight and, if necessary, place their own personal safety in jeopardy in order to defend the Constitution of the United States and their fellow citizens. Therefore, discipline and prompt obedience to the lawful orders of seniors are essential and time-honored elements of the American military tradition. From the earliest Articles of War, laws and regulations have prohibited conduct detrimental to the military chain of command and lawful military authority.

(2) Unionization of the Army is incompatible with the military chain of command. It would undermine the role, authority, and position of the commander; it would impair the morale and readiness of the Army. Therefore, soldiers will not take part in conventional labor-management negotiation or collective bargaining with their military and civilian seniors, nor will they take part in strikes, slowdowns, picketing, or other traditional forms of job actions (Public Law 95410).

(3) Circumstances that could constitute a threat to the ability of the Army to perform its mission are not comparable to circumstances that could constitute a threat to the ability of Federal civilian agencies to per-form their functions.

b. Responsibilities, Installation commanders will report activities prohibited by this regulation immediately to HQDA (DAPE-MPH), WASH DC 20310-0300. Reports will be made by priority message; information copies will be sent to intermediate commanders.

c. Prohibited activities.

(1) Enrollment and recruitment. Enrollment and recruitment of members of the Armed Forces in military labor organizations is prohibited.

(a) Persons on military installations may not enroll members of the Armed Forces in a military labor organization; nor may they solicit or accept from members of the Armed Forces fees for such organizations.

(b) Soldiers who know of a military labor organization's activities or objectives may not-

1. Belong to that organization.

2. Attempt to get another member of the Armed Forces to join the organization.

(2) Negotiation or collective bargaining. Negotiations or collective bargaining about the terms or conditions of military service is prohibited.

(a) Persons on military installations may not negotiate or bargain with a DA civilian officer, DA employee, or member of the Armed Forces on behalf of members of the Armed Forces. They may not attempt through coercive acts to enter into negotiations or bargaining.

(b) No soldier, DA civilian, or DA employee may negotiate or bargain on behalf of the U.S. Government with persons who represent or purport to represent members of the Armed Forces.

(3) Strikes or other concerted labor actions. Strikes or other concerted labor actions involving members of the Armed Forces and directed against the U.S. Government are prohibited. This prohibition applies to organizing, trying to organize, or taking part in such actions.

(a) No soldier or other person on a military installation may take part in strikes, picketing, marches, demonstrations, or other similar forms of concerted labor actions. They may not use a military installation for such actions or other activities prohibited by this regulation.

(b) No soldier or other person on a military installation may take part in actions to induce a DA civilian officer, DA employee, or member of the Armed Forces to--

1. Negotiate or bargain about the terms or conditions of military service.

2. Recognize a military labor organization regarding complaints against the terms or conditions of military service.

3. Make changes in the terms or conditions of military service.

(4) Representation. Soldiers will not be represented by a military labor organization before a DA civilian, DA employee, or member of the Army about complaints involving terms or conditions of military service.

d. Permitted activities.

(1) This regulation will not limit the rights of soldiers to--

(a) Belong to lawful organizations other than military labor organizations.

(b) Present complaints about the terms or conditions of military service through established military channels.

(c) Seek or receive information or counseling from authorized sources.

(d) Be represented by authorized counsel.

(e) Petition the Congress for redress of grievances.

(f) Take other administrative action for administrative or judicial relief,

(2) This regulation will not prevent-

(a) Commanders and supervisors from considering the views of members of the Army. They may be presented individually or collectively through command-sponsored or other authorized organizations.

(b) Civilians employed at military installations from belonging to unions.

e. Making determinations.

(1) To determine if an organization is a military labor organization and if it is in violation of this regulation the following will be evaluated:

(a) Its history and operation.

(b) Its constitution and bylaws.

(c) The evidence gathered for any suspected prohibited act.

(2) To determine if a person belongs to a military labor organization and if he or she is in violation of this regulation the following will be evaluated:

(a) His or her history and operation.

(b) The evidence gathered for any suspected prohibited act.

(3) To determine if a person acted for a military labor organization when he or she committed a prohibited act, the following will be considered:

(a) The frequency of such acts.

(b) The position of the person in the organization.

(c) If the acts were known and condemned or disavowed by the organization's leadership.

f. Gathering information. When gathering information about persons and organizations to make the determinations required by this chapter, strictly comply with AR 380-13. Counterintelligence or security investigation personnel may not gather such information. The organization itself should be considered the primary source of information.

5-8. Complaints or accusations against military personnel
a. Guidelines for implementation. The policies outlined in this paragraph are in- tended to provide broad and general guidance. The Inspector General Action Request System (which differs in procedure from that set forth in this paragraph) is governed by AR 20-1, chapter 3. Accusations of a criminal nature are reported and investigated according to AR 1-32 and AR 195-1. Complaints of discrimination based upon race, ethnicity, religion, national origin, and gender (including sexual harassment) follow the procedures set forth in paragraph 6-8 of this regulation. Complaints of wrongs made by soldiers against their commander pursuant to Article 138, UCMJ, should be prepared, submitted, and resolved following the guidance in AR 27-10, chapter 20.

b. Command responsibilities. When commanders are apprised of complaints or accusations against military personnel, they will be expected to inquire into the matter and attempt a resolution. When a written complaint or accusation is received against military personnel, commanding officers of units or installations will take action as noted below. All complaints will be acknowledged and/or documented in writing.

(1) Complaints forwarded from higher headquarters.

(a) When final action on a complaint received from higher headquarters for investigation and a report of findings is completed, the complaint will be returned to that headquarters. It will be accompanied by the report of investigation. Unless a higher headquarters reserved decision on the disposition of the complaint or accusation pending receipt of investigation, the case will be disposed of at the lowest level having authority consistent with the gravity of the case. When higher headquarters has re-served the right to approve disposition of the case, the report of investigation will be returned and final action withheld pending disposition instructions. Higher headquarters normally will reserve the right of final disposition only in cases involving complex issues or cases the commander desires in the interest of justice to ensure uniform handling throughout the command.

(b) Complaints received after a soldier is transferred will be forwarded to the soldier's gaining organization. The headquarters sending the complaint will be advised of the results of the commander's investigation.

(2) Complaints received by units or installations.

(a) When warranted, the complaint will be investigated. Proper action will be taken as noted in b(1) above.

(b) If the commander believes the complaint does not warrant an investigation, the statement "does not warrant investigation" will be recorded on the complaint, followed by the initials of the commander or an officer designated by the commander. The complainant will be advised a decision was made that further action on the complaint is not warranted. Such complaints will be maintained and disposed of in accordance with AR 25-400-2.

(3) Complaints concerning retired personnel. Complaints or accusations against retired personnel not on active duty should be referred to the servicing staff judge advocate for appropriate action under the provisions of AR 600-50.

c. Disciplinary or adverse action. Commanders and supervisors will be prohibited from initiating any type of disciplinary or adverse action against any soldier or civilian employee because the individual registered a complaint-

(1) With an inspector general (including inspectors general of DOD, the other Services, or agencies).

(2) With a member of the person's chain of command or supervisor.

(3) And/or cooperated with an official Government investigation of a complaint.

d. False statements. Knowingly false statements by a complainant or a witness are excepted from the prohibition. A violation of this paragraph is punishable under the provisions of the UCMJ.

e. Unfavorable information. Unfavorable information concerning a soldier will not be filed in his or her record except as provided in AR 600-37, chapter 3.

5-9. On-post distribution of non-Government printed materials

a. Free access to news and publications. The maintenance of loyalty, discipline, and morale among soldiers is essential if the Army is to continue to provide a reliable and effective military force responsive to the national security missions assigned pursuant to lawful authority. At the same time, soldiers are generally entitled to the free access to news and publications.

b. Policy. Installation commanders will encourage and promote the availability of books, periodicals, and other printed media which present a wide range of viewpoints on public issues to service members. Such media should include those emphasizing the standards of loyalty, patriotism, and discipline which are common to the Armed Forces. However, installation commanders will not, except as provided in this para-graph, take action to control or restrict dissemination, even if these publications are believed to be in poor taste or unfairly critical of Government policies or officials. The installation commander will be guided by the principle that, except in cases in which a publication constitutes a clear danger to military loyalty, discipline, or morale, military personnel are entitled to the same free access to publications as are other citizens.

c. Distribution outlets. An installation commander may, at his/her discretion impose a requirement that distribution of printed media may not be made except through regularly established and approved distribution outlets, unless prior approval is obtained from the commander or the authorized representative. The installation commander may, without informing higher headquarters or Department of the Army in advance, take appropriate action to prevent the distribution of publications by persons who have not obtained the required approval. Except when the publication in question is published primarily for advertising or promotional purposes, a denial of a request for distribution will be reported as required in d below.

d. Restrictions on dissemination. If it appears that a publication presents a clear danger to the loyalty, discipline, or morale of soldiers, the installation commander may, without prior approval of higher headquarters, delay distribution on property subject to his/her control. The commander will consider whether the act of restriction will in itself result in the publication in question achieving notoriety and increased circulation to military personnel through off-post sources.

(1) The commander's directive to delay distribution will be in writing.

(2) Concurrently with imposing a delay authorized above, the installation commander will inform, by telephone the next major commander and HQDA (SAPA), WASH DC 20310, AUTOVON 227-7487.

(3) When a delay in dissemination of a publication through either official or unofficial outlets is imposed by the commander, he or she will, within 5 working days thereafter-

(a) Review the publication in question.

(b) Prepare a written recommendation to HQDA which provides the basic facts for the determination that distribution of the subject publication would present a clear danger to the loyalty, discipline, or morale of the troops on his or her installation.

(c) Send recommendation, together with a copy of the subject publication, to HQDA (SAPA) WASH DC 20310. Appropriate in-formation copies should also be provided intermediate headquarters.

(4) Reports required in (2) and (3) above are "exempt reports" under provision of AR 335-15, paragraph 7-2y.

(5) The delay in distribution will remain in force until a determination to approve or disapprove the request is made by HQDA.

e. Distribution of commercial publications. All commercial publications distributed free of charge will not carry any advertisement which implies discrimination with regard to the race, creed, color, sex, age, or national origin of the purchaser, user or patron. The publication will place its readers and advertisers on notice of this requirement by including in a prominent location the following: "Everything advertised in this publication must be made available for purchase, use, or patronage without regard to the race, creed, color, sex, age or national origin of the purchaser, use, or patron."

f Distribution of command information newspapers. The distribution of command information newspapers (either Army authorized or commercial enterprise) will be governed by AR 360-81. Distribution through official channels will be authorized.

Contents

Chapter 6 Equal Opportunity Program In the Army

6-1. Concept

a. The Equal Opportunity Program formulates, directs, and sustains a comprehensive effort to ensure fair treatment of all soldiers based solely on merit, fitness, capability, and potential, which supports readiness. As such, EO is a responsibility of leadership and a function of command. This philosophy is based on fairness, justice, and equity. Specifically, this program is designed to-

(1) Provide EO for military personnel and their family members both on and off post.

(2) Contribute to mission accomplishment, cohesion, and readiness.

b. This chapter does not implement the provisions of either the Age Discrimination in Employment Act of 1967 (sections 630 through 634, title 29, United States Code) or title VII of the Civil Rights Act of 1964 (section 2000e, title 42, United States Code).

6-2. Responsibilities

a. Heads of Army Staff agencies and their field operating agencies. These persons will-

(1) Be responsible for Amy-wide policies and plans pertaining to the Army EO Program.

(2) Be responsible for overall evaluation and assessment of the Army EO Program.

(3) Formulate, maintain, and implement the HQDA Affirmative Action Plan (AAP).

(4) Establish selection criteria for Army Personnel to attend the Defense Equal Opportunity Management Institute (DEOMI).

(5) Coordinate need for training seats before allocation of quotas.

(6) Allocate quotas among the Active Army, Army National Guard (ARNG), and USAR for training at DEOMI.

b. Chief, National Guard Bureau (CNGB) and Chief, U.S. Army Reserve (CAR). The CNGB and CAR will-

(1) Monitor and evaluate implementation of EO policies and programs in their respective components.

(2) Establish sufficient staff positions in their respective offices and make sufficient resources available to adequately carry out EO Program requirements.

(3) Select Army Reserve Component personnel to attend the DEOMI.

(4) Develop management information and reporting requirements to determine progress toward affirmative action goals.

(5) Establish EO training consistent with HQDA policy and command needs.

c. Commanding General, U.S. Army Forces Command (CG, FORSCOM). The CG, FORSCOM will-

(1) Supervise and evaluate the unit EO training program conducted by the numbered armies in the continental United States (CONUSA) troop program units.

(2) Coordinate with the Office of the Chief, Army Reserve in conducting EO seminars for USAR general officers on a continuing basis.

(3) Establish adequate compliance monitoring procedures to assure the attainment of program objectives for the USAR.

d. Commanding General, U.S. Army Training and Doctrine Command. The CG, TRADOC will-

(1) Develop EO doctrine.

(2) Develop EO instruction and associated training materials for use in the training base and throughout the Army.

(3) Maintain liaison with DEOMI to develop EO doctrine and training materials.

(4) Conduct required EO education and training in TRADOC service schools and training centers.

(5) Provide assistance and instructional materials to schools not under the jurisdiction of TRADOC. These schools include the Judge Advocate General School, Academy of Health Sciences, and U.S. Army War College.

(6) Monitor the instruction presented by DEOMI and evaluates how well the DE-OMI meets Army requirements including service-specific instruction.

(7) Develop and provide Army-unique EO instruction through correspondence courses available to all Army personnel.

e. Commanders of major Army commands. These commanders will-

(1) Monitor execution of the EO Pro-gram in all commands, installations, agencies, activities, and USAR units under their jurisdiction.

(2) Establish EO training consistent with HQDA policy and command needs.

(3) Provide support, as appropriate, for EO matters in host and tenant agreements developed according to AR 5-8, paragraph 5c.

(4) Ensure EO programs for military personnel and EEO programs for civilian personnel complement each other.

(5) Provide personnel, funding, and other resources to carry out the EO Program.

f. Commanding General, U.S. Total Army Personnel Agency (CG, USTAPA. The CG, USTAPA will-

(1) Develop statistical data concerning race and gender for personnel management purposes when required by HQDA.

(2) Select personnel, in coordination with HQDA (DAPE-MPH-E), to attend DEOMI.

(3) Control DEOMI student quotas (military and civilian) for the Army.

(4) Distribute Active Army personnel who are EOAs based upon command authorizations.

g. Commanders at all levels. The commanders are the EO officers for their respective units and, as such, are assisted by EO advisers and other members of the staff who can advise on EO matters in their areas of responsibility. These commanders will-

(1) Develop and implement EO pro-grams for their organizations.

(2) Identify discriminatory practices affecting soldiers and their families and initiate corrective actions to include follow-up.

(3) Promote EO and interpersonal harmony for all military personnel, their family members, and civilian employees.

(4) Conduct EO training on a continuing basis for commanders and civilian and military personnel that is consistent with HQDA requirements, the MACOM, and this regulation.

(5) Monitor and assess the execution of EO programs and policies at all levels with-in their areas of responsibility.

(6) Ensure prompt follow-up and appropriate action to resolve allegations of discrimination by soldiers or their family members.

(7) Ensure involvement of public affairs personnel at every level of command in planning, executing, and monitoring equal opportunity programs.

6-3. Equal opportunity policy

a. The policy of the U.S. Army is to provide equal opportunity and treatment for soldiers and their families without regard to race, color, religion, gender, or national origin and to provide an environment free of sexual harassment. This policy-

(1) Applies both on and off post.

(2) Extends to soldiers and their families. (3) Applies to soldiers' working, living, and recreational environments (including both on- and off-post housing).

b. Soldiers are not accessed, classified, trained, assigned, promoted, or otherwise managed on the basis of race, color, religion, gender, or national origin except as-

(1) The direct combat probability coding policy applies to women. The following regulations implement this policy: AR 611-101, AR 611-112, and AR 611-201.

(2) Necessary to support established affirmative action goals.

c. Nothing in this regulation limits the prerogatives of the Chief of Chaplains to carry out responsibilities in AR 10-5, para-graph 2-35a.

6-4. Sexual harassment

Sexual harassment is a type of sex discrimination. It is not limited to the work environment and can occur at almost any place. Sexual harassment violates acceptable standards of integrity and impartiality required of all Army personnel and interferes with mission accomplishment and unit cohesion. Many of the acts and neglects that constitute sexual harassment are prohibited and punishable under civil and military law as criminal acts of a sexual nature (para 17, part IV, MCM). Army leaders at all levels are responsible for taking both preventive and appropriate corrective action to combat this unacceptable form of behavior. Any soldier or civilian employee is engaging in sexual harassment who-

a. Through behavior of a sexual nature attempts to control, influence, or affect the career, pay, or job of a soldier or civilian employee.

b. Makes deliberate or repeated verbal comments or gestures of a sexual nature that are offensive to the person to whom addressed.

c. Makes abusive physical contact of a sexual nature.

6-5. Chain of command responsibilities

The chain of command, whether military or civilian, is the primary channel for correcting discriminatory practices and for communications on EO matters.

6-6. Staffing

a. Minimum staffing requirements.

(1) Staff military personnel with EO as a primary duty are assigned to assist commanders at installations, organizations, and agencies down to and including brigade-level and equivalent commands. Assignments as an equal opportunity adviser (EOA) are not collateral or part-time duties at brigade level or higher commands. Personnel may be assigned EO as a secondary responsibility at battalion level and lower. Primary duty positions are specified in applicable manning documents. Minimum grades for EOA are as follows:

(a) Officer: Captain (03).

(b) Enlisted: Sergeant First Class

(2) One full-time enlisted EOA is avail-able to each brigade level or equivalent commander, and one fall-time officer EOA is available to the commander of each major combat formation (division, corps, Army) and at each MACOM. Staffing should, as a minimum, provide a sergeant major and a lieutenant colonel/major at each large MACOM such as U.S. Army, Europe and Seventh Army; FORSCOM; or TRADOC. Additionally, one full-time officer EOA is available to the commander of each major Army training center. Minimum staffing at the installation or military community level is one enlisted EOA (ET) at small installations and at least two enlisted EOAs (E7 and ES) at large installations. Civilian substitutions for these minimum staffing requirements are not authorized. Any staffing authorized beyond these minimum requirements may be either military EOAs or DA civilian employees who are officially as-signed such duties. Assignment of equal opportunity duties to DA civilians is in strict accord with applicable position classification standards and guidelines.

b. Command and staff relationship. The principal EOA has direct access to the commander at all times. So long as the above condition is met, EO office placement with-in the organization is a matter of local command discretion provided it is in compliance with AR 5-3. 20

c. The EO Program and the Equal Employment Opportunity (EEO) Program relationship. The EO program for military personnel and the EEO program for civilian personnel are separate and distinct. EOAs will not supervise EEO personnel, nor will EEO personnel supervise EOAs. However, integrating EO/EEO training, seminars, discussions, and shared use of training materials and facilities is encouraged when doing so promotes understanding, efficiency, economy, and the common interests of both programs.

d. Roles and duties of EOAs. The actual duties of EOAs and relative emphasis on each duty vary according to type of unit or level of command, unit composition, and location. Personnel assigned to positions as EOAs are not assigned further duties in other human development functions such as alcohol and drug abuse, Army Community Services, chaplains' programs, Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), weight control. Typical roles and duties of EOAs are as follows:

(1) Understand and articulate Department of Defense and Army policies concerning equal opportunity as stated in this regulation.

(2) Recognize and assess indicators of institutional and individual discrimination in organizations.

(3) Recognize sexual harassment in both overt and subtle forms.

(4) Recommend remedies appropriate to reduce or prevent discrimination and sexual harassment.

(5) Collect, organize, and interpret demographic data concerning all aspects of EO climate assessment.

(6) Assist commanders in the development of realistic affirmative action plans and to monitor progress of plans.

(7) Train equal opportunity representatives (EORs) to assist commanders in meeting their EO responsibilities.

(8) Conduct training sessions pertaining to equal opportunity, discrimination, and prevention of sexual harassment.

(9) Plan and conduct executive seminars on affirmative action plans, equal opportunity, discrimination, and prevention of sexual harassment.

(10) Receive and act upon individual complaints.

(11) Assist in the planning and conduct of ethnic observances.

(12) Assist commanders in developing EO policy for their unit.

e. Equal opportunity representatives, Equal opportunity representatives are unit soldiers trained to assist commanders to carry out the EO program within units. Commanders authorized EOAs will ensure that each subordinate command (battalion and company level) has an EOR. EOAs who graduates of the Defense Equal Opportunity Management Institute and have been awarded ASI 5T or SQI Q will train EORs using the 80-hour program of instruction AR 600-20 UPDATE (POI) published by the EO Proponent Of-rice, Soldier Support Center, structuring the training to meet local conditions. Instruction in other subject areas related to or supportive of EO objectives may be provided by personnel from other agencies or program areas.

6-7. Off-post activities, on-post activities, and off-limits actions

a. Off-post activities. Title II of the Civil Rights Act of 1964 addresses the practice of discrimination and segregation in public accommodations. This includes privately owned establishments such as hotels, restaurants, gasoline stations, theaters, and places of entertainment. The commander concerned ensures the facts surrounding allegations of discriminatory practices are fully developed. The command also ensures individuals and organizations alleged to practice such discrimination are given a full and fair opportunity to challenge the particular allegations. If all reasonable efforts and alternatives fail to eliminate off-post discriminatory practices in public accommodations, commanders are authorized to place the facilities off-limits. (See AR 190-24, para 2-7.) Military personnel outside the United States are not protected under the Civil Rights Act of 1964 while off-post. Nonetheless, the commander concerned will take whatever actions are available and appropriate to attempt to eliminate discriminatory practices in public accommodations outside the United States that affect members of his or her command and their families. Commanders promote awareness of the laws of the nation that pertain to this issue. All cases of discrimination and resultant action by commanders, which result in the imposition of off-limits sanctions, are reported to the HQDA (DAPE-MPH-E), WASH DC 203RM)300.

b. Off-limits sanctions. Off-limits sanctions may be appropriate for establishments falsely claiming to be private clubs, fraternal or Otherwise, and public accommodations with discriminatory policies and practices. If discriminatory practices off-post are found directed at selected soldiers in a command and if all efforts at conciliation prove unsuccessful, off-limits sanctions are considered in accordance with AR 190-24.

c. Off-limits sanctions and private establishments. A commander ordinarily may not apply off-limits sanctions to a bonafide private establishment, club, activity, or organization. However, such an entity may be placed off-limits if the following conditions exist:

(1) It is open to soldiers in general, or to soldiers who meet specific objective criteria (such as E5 and above), but segregates or discriminates against other soldiers solely on the basis of race, color, religion, gender, or national origin.

(2) It is not primarily political or religious in nature.

(3) The commander, in consultation with the inspector general, Staff Judge Advocate, and the EOA, determines that the available facts support the allegations of unlawful discrimination after affording the management of the establishment, club, activity, or organization a full and fair opportunity to challenge or refute allegations.

(4) Reasonable efforts by the commander to bring about voluntary termination of the discriminatory practices are unsuccessful.

(5) The commander determines that continued discrimination by the establishment, club, activity, or organization undermines the morale, discipline, or loyalty of soldiers in the command.

d. On-post activities. All on-post facilities and official activities are open, as appropriate, to all DOD personnel and family members without regard to race, color, religion, gender, or national origin. Installation commanders have the responsibility for ensuring that an organization taking advantage of or using on-post facilities (whether on a reimbursable basis or otherwise) does not engage is unlawful discriminatory practices. It is not enough to depend solely on the published bylaws or the constitution of the organization. The commander must assess the organization's actual membership practices and its effect upon the command. In cases where questionable practices exist or allegations of discrimination are made, the burden of proof rests with organization members. The organization must convince the commander it does not engage in de facto discrimination. Failure to substantiate absence of discriminatory practices results in denial of use of on-post facilities. (See AR 210-1.)

6-8. Procedures for processing complaints

a. Individuals will be encouraged to use command charnels for redress of grievances. Commanders will ensure that soldiers are fully aware of procedures for obtaining redress of complaints including those against members of the chain of command. These procedures will be in writing and displayed at all times where all unit soldiers have access to them.

b. Individuals may present such complaints to the chain of command, inspectors general, or equal opportunity advisers. How and by whom the complaint is formally processed is a command responsibility. It is the responsibility of the chain of command or staff agency receiving the complaint to conduct an informal inquiry into the allegations, determine if the complaint has merit, and, if so, assist the commander in resolving the complaint at the lowest appropriate level. When, in the course of an informal investigation or fact-finding inquiry, the EOA suspects the person being interviewed has violated the UCMJ (for example, any case of alleged sexual harassment punishable under Articles 93, 117, 120, 125, 128, or 134 UCMJ), the EOA terminates the inquiry and notifies the appropriate member of the chain of command. EOAs will not conduct informal investigations or inquiries of criminal matters. Such issues must be referred to proper command authority.

c. If, upon completion of an informal inquiry by the commander or agency receiving the complaint, the facts indicate that a formal investigation is warranted, a recommendation is made to the commander having the authority to direct such an investigation. Those commanders then re-view the facts presented and if they deter-mine a formal investigation is appropriate they cause the appointment of a disinterested officer under the provisions of AR 15-6, UCMJ, or other applicable authority to conduct the investigation. It may be inappropriate for equal opportunity advisers or their immediate supervisors who conducted the informal inquiry to formally investigate that same complaint within the organization.

6-9. Housing complaints

Complaints of housing discrimination involving unequal treatment because of race, color, religion, gender, or national origin will be forwarded to the local housing referral office for processing. AR 210-51 provides policy for housing referral.

6-10. Evaluation report entries

When evaluating personnel, rating officials will consider the extent and effectiveness of leadership and support in EO and EEO matters according to this regulation. (See AR 623-105, para 4-13; AR 623-205, para 6-5; and DA Pam 690-25 for reporting procedures.)

6-11. Civilian schooling

Army personnel pursuing an education pro-gram at an institution that unlawfully discriminates in the admission or subsequent treatment of students will not be financially assisted from appropriated fund resources. Exceptions to this policy will be considered when the applicant has previously attended the institution in question and will suffer personal hardship through loss of earned credits if a transfer is required. Requests for exception are sent to HQDA (DAAG-ED), WASH DC 20310-0300.

6-12. Legal assistance

Within the framework of the legal assistance program, legal assistance may be pro-vided to soldiers who believe they have been denied federally-protected rights. If the civil rights of soldiers seem endangered and an appearance in court or other legal action beyond the authority of the legal assistance officer is required, the matter will be reported to The Judge Advocate General (HQDA (DAJA-LT), WASH DC 2031041300) for possible referral to the Department of Justice. (See AR 2740.)

6-13. Affirmative Action Plans

Affirmative action plans will be comprised of planned, achievable steps to eliminate practices that deny equal opportunity to soldiers and their families. These steps are as follows:

a. AAPs will be developed and implemented by heads of Army Staff agencies and their field operating agencies and by each MACOM (see DA Pam 600-26), installation, separate unit, agency, and activity down to and including brigade or equivalent level. Plans will include conditions requiring affirmative action, remedial action steps (with goals and milestones as necessary), and a description of the end-condition sought for each condition included. AAPs will be reviewed at least annually to access the effectiveness of action steps, to initiate new actions, and to sustain goals already achieved. Subjects for affirmative action plans will be prescribed by this headquarters plus those deemed necessary by the responsible commander.

b. Each commander required to develop an AAP will provide a copy to the next higher commander.

c. Commanders of battalions and lower level will not be required to have AAPs.

6-14. Training

a. Minimum DA criteria for local unit training programs are as follows:

(1) Members of the chain of command (including supervisors) will participate in unit EO sessions as discussion leaders or as resource persons for answering questions concerning policies and practices. At company/battery level, a representative of the leadership structure (such as first sergeant) will normally lead unit discussions.

(2) The commander will incorporate EO training into the overall training plan for the unit. Unit training will focus on-

(a) Army policies on EO, affirmative actions, and sexual harassment.

(b) Objectives of the Army EO program.

(c) Objectives of affirmative actions.

(d) Behavioral characteristics and other indicators of EO problems.

(e) The impact of individual and institutional discrimination on mission accomplishment.

(f) Identifying and countering sexual harassment.

(g) Legal consequences applicable to individuals participating in acts of sexual harassment.

(h) Individual responsibilities concerning equal opportunity and prevention of sexual harassment.

(i) The importance of honest and open interpersonal communications in promoting a healthy unit climate.

b. EO courses will be conducted through-

(1) Formal training in Army training centers, Army service schools, Reserve officer training courses, USAR School, Army area schools, and individual units.

(2) Special training of Army leaders and managers.

(3) Unit training sessions that stimulate lateral and vertical communications on EO matters.

c. Education and training by target group covers the following:

(1) Enlisted skill level 1. Formal training on EO subjects will be conducted during initial entry training and will include-

(a) Army policies on EO and affirmative actions.

(b) An awareness of facial, cultural, and gender-related differences and attitudes as the), relate to Army missions and activities.

(c) Complaint procedures according to this regulation, AR 20-1, and AR 210-51.

(d) Legal and career consequences for those who do not comply with E0 policies.

(e) Identifying and countering sexual harassment.

(2) Enlisted skill level 2. Education for junior noncommissioned officers will include-~

(a) Review of Army policies on EO and affirmative actions.

(b) Leadership performance counseling and EO complaint procedures.

(c) Behavioral characteristics and other indicators of EO problems.

(d) The leadership role in support of EO and affirmative actions.

(3) Officer basic and warrant officer orientation courses. Commissioned officers and warrant officers attending the officer basic courses and warrant officer orientation courses will receive training in-

(a) Items in (1) above.

(b) The role of the supervisor in EO and affirmative actions.

(c) Effective use of the EOR.

(4) Officer advanced level and enlisted skill levels 3 and 4. Commissioned and warrant officers in officer advanced courses and NCOs in advanced NCO courses will receive training in-

(a) Item (3)(b) above.

(b) Program management sells for evaluating the unit EO environment to include individual and institutional discrimination and the use of the AAP.

(c) Training in the prevention of sexual harassment.

(5) Command and staff college-level (CSC) and enlisted skill level 5. Training conducted during CSC, the warrant officer senior course, the first sergeants' course, and the sergeants major course include-

(a) Review of Army policies on EO and affirmative actions.

(b) Specific roles and responsibilities of senior officers and NCOs in carrying out installation and MACOM EO programs.

(c) Effective employment of the staff EO adviser.

(d) Impacts of individual and institution-al discrimination on mission accomplishment.

(e) Goals and objectives of the Army EO Program and the benefits derived from the program.

(f) Identifying and countering sexual harassment.

(6) Army War College. Education conducted at the Army War College and other professional military education for senior officers will include-

(a) The goals and objectives of the DUD and DA EO programs,

(b) The international (host nation) aspects of EO. 22

(c) The relationship of EO to readiness and mission capability.

(d) Army leadership responsibilities in identifying and countering sexual harassment.

(e) Roles and functions of the MACOM EOA and EO program management in large organizations.

(7) Training for senior officials. A continuing education program for senior personnel will be provided through the Pre-command Course, the Brigadier General Orientation Course, command and staff college-level courses, and senior service colleges. Seminars in EO for general officers, key staff personnel, and civilian supervisors are required at least annually. These seminars will be conducted as prescribed by the MACOM. Emphases will be on contemporary problems in EO, sexual harassment, and other topics as prescribed by this headquarters.

6-15. Authority to collect and maintain data

HQDA will collect, record, and maintain racial, ethnic, and gender data and statistics required to support the Army EO Program to include AAP requirements. Heads of DA Staff elements, MACOMs, separate agencies, and other activities and commands required to publish AAPs are authorized to collect, record, and maintain data and statistics. Race, population group, and gender designations for use by agencies that maintain these data and statistics are in AR 680-29, paragraphs 1-29, 1-61, and 1-71.

6-16. Narrative and statistical report on equal opportunity progress (RCS CSGPA-1471)

MACOMs and designated heads of Army Staff agencies or directorates will submit a Narrative and Statistical Report on Equal Opportunity Progress. This report covers the preceding fiscal year and is due at HQDA (DAPE-MPH-E), WASH DC 20310-0300 not later than 30 November annually. HQ, FORSCUM submits reports for USAR troop program units with an information copy to the Office of the Chief, Army Reserve (HQDA (DAAR-PE), WASH DC 203100300). This report will outline the progress made in achieving the established EO goals as reflected in the AAP for the organization, It will assess achievements and shortfalls and includes plans or actions programmed to correct problems or conditions that currently exist. The following in-formation will be included in the report:

a. Commander's assessment of command conditions.

b. Statistical analysis.

c. Affirmative actions including the following:

(1) Goals achieved.

(2) Goals not achieved and why.

(3) Actions planned to achieve and/or to modify goals.

d. Community issues.

6-17. Attendance at the Defense Equal Opportunity Management Institute for soldiers

a. Selection. Candidates for training as EOAs will be carefully selected to ensure that only qualified officers and NCOs are chosen, that is, branch qualified and competitive for promotion. Personnel assigned to active duty adviser positions will be DE-OMI graduates and hold ASI 5T or SQI Q. Reserve Component EO personnel who have completed one or more phases of the Equal Opportunity Management Institute Course (resident or nonresident) will be eligible to complete the course even if teas-signed to another military occupational specialty-enlisted (MOS-ENLD) or specialty skill identifier (SSI). Both officer and NCO candidates will come from branch nominees. Any officer or NCO who meets the selection criteria listed in paragraph 6-18 may volunteer for training and duty as an EOA by submitting a written request to HQDA (DAPC-EPM-A), ALEX VA 22332-0400. Requests will be submitted through the first field officer in the chain of command who will indorse the request with a statement about the suitability of the officer or NCO fur EOA duties.

b. Attendance, The DEOMI curriculum consists of two resident courses: a 16-week regular course and a 2-week staff course. The 16-week regular course is designated to train personnel for assignment as EOAs. The staff course is intended for those programmed for assignment to corps (or equivalent) level and higher. A 1-year course consisting of resident and nonresident training is conducted for RC personnel. Reserve Component personnel may attend both the 16-week and the 2-week resident courses when space is available.

c. Certification. Upon successful completion of the 16-week regular course or the resident/nonresident RC course, the Institute certifies graduates for award of ASI 5T or SQI Q. The CG, MILPERCEN will award the appropriate designator to all qualified DEOMI 16-week course graduates within 60 days of graduation. Only graduates of DEOM1 are designated as EOAs.

d. Selection for training. The CG, US-TAPA selects qualified officers and NCOs for training and duty as EOAs. Quotas for attendance at DEOMI are controlled by CG, USTAPA. The following procedures will be used to acquire quotas:

(1) CG, USTAPA will select qualified officers and NCOs for training and duty as EOAs as requested through normal personnel channels.

(2) Commanders desiring to send officers and NCOs on temporary duty (TDY) to DEOMI will make application through their MACOM. Applications should be sent to CG, USTAPA, 200 Stovall Street, ALEX VA 22332-0400. For officers use (DAPC-OPB-D) for the attention line; for NCOs, use (DAPC-EPM-A). If the applicant meets the selection requirements above, commanders will be provided a quota for the soldier to attend DEOMI.

(3) A request for quota(s) must be submitted in writing and arrive at USTAPA not later than 45 days before the starting date of a requested class.

e. EOAs. EOAs will normally be assigned as shown below.

(1) Tour length for EOAs who are--

(a) Enlisted assigned to CONUS or long tour OCONUS is 24 months.

(b) Enlisted assigned to short tour OCONUS is the length of the assignment.

(c) Officer assignments will be deter-mined by the MACOM.

(2) EOAs currently assigned will serve their prescribed tour.

(3) CG, MILPERCEN may approve the early release of enlisted EOAs from the EO program to serve as 1SG or CSM when-

(a) The EOA has been selected for pro-motion to MSG or is a CSM designee who has served at least 18 months as a full-time EOA.

(b) The EOA's commander has requested in writing through the MACOM to US-TAPA to assign the EOA as a ISG or CSM.

(4) USTAPA will select, train, and as-sign a replacement for the EOA reassigned in (3) above.

f. Removal of EO ASI. The EO ASI may be withdrawn from members of the Active Army only if approved by HQDA (DAPE-HRL-E).

6-18. Selection requirements for soldiers

Officer and NCOs who attend DEOMI will meet the following selection requirements:

a. Demonstrate outstanding performance of assigned duties and be recommended in writing by an officer in the candidate's chain of command in the rank of major or higher.

b. Exhibit stability in personal affairs and not have a recent history of severe domestic or personal problems (excluding divorce), chronic indebtedness, excessive use of alcohol, or any use of illegal drugs. Individuals withdrawn for cause from any Human Reliability or Personal Reliability Program during the 2 years preceding the nomination will need a waiver from HQDA (DAPE-MPH-E), WASH DC 20310~3300.

c. Must not have been punished under the provisions of the UCMJ during the 2 years preceding the nomination or have a prior history of frequent UCM./ punishments.

d. Must have a minimum of 2 years of service remaining upon completion of the DEOMI course.

e. Must meet Army fitness and weight control standards.

f. Must be competitive for further advancement.

g. In addition to the above requirements, officers must-

(1) Have a minimum of 2 years' college credit.

(2) Be in gradeD-3 and branch qualified in accordance with DA Pam 600-3.

h. In addition to the above requirements, enlisted soldiers-

(1) Must be high school graduates or equivalent and possess the potential to complete college level courses.

(2) Must be in grade E-7 (or E-6 promotable) with less than 2 years time in grade.

(3) Must be advanced NCO course graduates or selected for attendance.

(4) Must be qualified in their primary MOS with an SQT score of 70 or higher.

(5) Must have had a successful tour in a leadership position.

(6) Cannot be assigned in back-to-back special duty assignments (for example, drill sergeant to EOA, or recruiter to EOA).

6-19. Training for civilian duty positions in the Military Equal Opportunity Program at the Defense Equal Opportunity Management institute

a. Quotas. Civilian quotas for DEOMI will be controlled by the CG, USTAPA. The CNGB and the CG, FORSCOM will control quotas for their respective Reserve elements and will prescribe the way in which civilian requests are submitted.

b. Application. Commanders desiring to send civilians who are officially assigned to duties in the Army EO Program to DEOMI will make application to the appropriate MACOM. If approved, the MACOM will request a quota from HQDA (DAPC-OPA-E), ALEX VA 223324)400. If all quotas are filled. the request will be considered for a later class if the MACOM desires. Requests for quotas must be submitted in writing to arrive at USTAPA no later than 45 days before the starting date of the requested class.

c. Command notification of DEOMI. When the requesting command receives an approved quota, the command will provide the Commandant, DEOMI, Patrick Air Force Base, FL 32923, the name, grade, SSAN, educational level, military mailing address of the candidate for training and the desired course number.

d. Civilian personnel selection requirements. Civilian personnel prerequisites for attendance at DEOMI are as follows:

(1) Be in grade GS-7 or above or be slated for promotion to GS-7 upon completion of the course.

(2) Occupy or be scheduled m occupy an officially assigned position in the military EO program in accord with applicable position classification standards and guidelines.

(3) Be considered suitable for EO duties as determined in an interview conducted by the commander on whose staff the person will be assigned.

e. Request procedures. MACOMs, when requesting quotas, will send the following information to USTAPA:

(1) Class desired to attend.

(2) Willingness to accept a quota in a subsequent class if the requested class is filled.

f. Funding. Funding for temporary duty is provided by attendee's unit of assignment.

6-20. Equal opportunity special/ ethnic observances

Annual equal opportunity special/ethnic observances are designed to enhance cross-cultural awareness and promote harmony among all soldiers, their families, and the civilian work force. These activities are extensions of the Army's equal opportunity education and training objectives. They are set aside annually to recognize the achievements and contributions made by members of specific racial or ethnic groups in our society.

a. Deputy Chief of Staff for Personnel, Headquarters, Department of the Army, has general staff responsibilities for establishing policy and identifying and outlining the period of each observance.

b. MACOM and installation commanders will-

(1) Develop, plan, and conduct annual observances consistent with the timetable in table 6-1 or as directed by HQDA.

(2) Program necessary funding to con-duct annual observances activities within the established EO Program budget.

(3) Encourage all members of the military community (soldiers, family members, and civilian employees) to contribute and participate in the planning, implementation, and conduct of observance activities.

(4) Involve members of the staff elements and subordinate activities in the development and conduct of observance functions.

(5) Select and announce an appropriate theme for the observance, consistent with the spirit of the event and the needs of the local community. (However, the selection and use of a theme is not mandatory.)

c. Specific modifications in the timetable at table 6-1 will be made and disseminated by HQDA (DAPE-BRL-E) when necessary; otherwise, MACOM or installation commands and EO staffs should plan their activities according to dates and periods specified.

d. Expenditure of funds for such activities is permitted within EO Program management or education and training in accordance with policies established by the Comptroller General decisions B200017 (dated 10 March 1981) and B199387 (dated 23 March 1982). These decisions permit expenditure of funds for guest speakers, artistic or cultural activities, food exhibits or samples (the samples are not intended as meals or refreshments), publications, and so forth, as long as the intent is to promote cross-cultural harmony and awareness. Commercial entertainment incident to an agency-sponsored Black History Program is legitimate if part of an educational aware-ness program. Commanders will ensure that the projected events amplify contributions to society made by members of the ethnic or racial group being commemorated.

e. Commanders should publicize the cultural/ethnic events in local information media (for example, bulletins and Post newspapers). Timely announcements should be made to ensure that all personnel are aware of the events.

f. Commanders are encouraged to form a standing committee representing the various units, staff activities, and special interest groups in the community to plan appropriate activities well in advance of the date. Appropriate members of such a committee include the EOA staff officer or NCO, recreation services officer, public affairs officer, education staff officer, club managers, chaplain, dependent school representative, representative from the budget office, and other appropriate representatives. Integration of the total unit or community in arranging, planning, coordinating, programming, scheduling, and staffing such activities will help ensure success.

g. Commanders should encourage maxi-mum use of recreational facilities (libraries, recreation centers, Dependent Youth Activities, theater groups, and so forth). Suggested activities include the following:

(1) Special displays in libraries.

(2) Expositions and displays of arts and crafts.

(3) Special musical or drama programs.

(4) Programs featuring historical achievements and contributions in such fields as Government, education, industry, religion, music, and theater.

(5) Guest speakers from the chain of command to include DOD civilians.

f. Activities should be designed to afford maximum attendance of all soldiers and civilian members of the command, installation, or activity. Commanders should establish and disseminate policy that ensures all personnel desiring to participate in observance activities are given a reasonable opportunity to do so.

g. A consolidated annual observance recognizing members of all racial/ethnic groups may be conducted in addition to (but should not be in place of) the observances in table 6-1.

Table 6-1 Special/ethnic observances timetable

Month: February

Dates: 1-28/29

Observance: Afro-American/Black History Month

Authority/comment: Historically observed

 

Month: March

Dates: 2d or 3d week

Observance: Women's History Week

Authority/comment: Presidential Proclamation

 

Month: May

Dates: 1st or 2d week

Observance: Asian Pacific Heritage Week

Authority/comment: Public Law 95-419

 

Month: August

Dates: 26th

Observance: Women's Equality Day

Authority/comment: Anniversary of 19th amendment ratification

 

Month: September

Dates: 2d week

Observance: National Hispanic Heritage Week

Authority/comment: Public Law 95-498

 

Month: September

Dates: 4th week

Observance: Native American Day

Authority/comment: Historically observed

Contents

Appendix A

Section I Required References

AR 5-3

Installation Management and Organization. (Cited in para 6-6,)

AR 15-6

Procedures for Investigating Officers and Boards of Officers. (Cited in paras 2-15c and 6-8.)

AR 20-1

Inspector General Activities and Procedures. (Cited in paras 2-1g and 5-8.)

AR 27-10

Military Justice. (Cited in paras 2-3, 3-3 b(3), 3-5h, and i, 4-6, 4-7, and 5-8.)

AR 2740

Litigation. (Cited in para 6-12.)

AR 4O4

Medical, Dental, and Veterinary Care. (Cited in para 54.)

AR 140-158

Enlisted Personnel Classification, Promotion, and Reduction. (Cited in para 3-5g)

AR 190-24

Armed Forces Disciplinary Control Boards and Off-Installation Military Enforcement, (Cited in para 6-7aJ

AR 210-1

Private Organizations on Department of the Army Installations. (Cited in para 6-7.)

AR 210-11

Billeting Operations. (Cited in para 3-2d.)

AR 600-15

Indebtedness of Military Personnel. (Cited in para 4-8.)

AR 600-50

Standards of Conduct for Department of the Army Personnel. (Cited in paras 4-7f, 4-9c, and 4-4g.)

AR 601-37

Unfavorable Information. (Cited in para 4-7b.)

AR 623-105

Officer Evaluation Reporting System, (Cited in paras 2-1 and 6-10.)

AR 623-205

Enlisted Evaluation Reporting System. (Cited in paras 2-1 and 6-10.)

AR 633-100

Officer Personnel. (Cited in para 5-5c)

AR 635-200

Enlisted Personnel, (Cited in paras 5-5e, 5-5d.)

AR 670-1

Wear and Appearance of Amy Uniforms and Insignia. (Cited in paras 3-2d and 54a3

DA Pam 600-26

Department of the Army Affirmative Action Plan. (Cited in para 6-13.)

DA Pam 600-75

Accommodating Religious Practices. (Cited in paras 5-6c and 5.4d(4)(b).)

DA Pam 690-25

Equal Employment in Action: An Evaluation Guide. (Cited in para 6-10.)

Manual for Courts-Martial, United States Government Printing Office, 1984.

(Cited in paras 2-12b, 3-3f(3), 4-6a, 4-7a, 4-7b, 4-16, 54(g)3(2), 5-4d(c)(5)(a), and 6-4)

Uniform Code of Military Jutice (UCMJ)

(Cited in paras 3-3f(1)(a), 3-3f(2), 3-5i, 4-5, 4-6a, 4-8c, 4-10a(1). 4-12d(5), 4-12e, 4-14c(2), 4-16, 5-1, 5-8a, 5-8c(3), 6-8b, 6-8c, and 6-18c)

Section II Related References

A related publication is merely s source of additional information, The user does not have to read it to understand this regulation.

AR 1-20

Legislative Liaison

AR 1-32

Disciplinary Control of U.S. Army Personnel

AR 5-8

Host Supported Activity Relationships

AR 10-5

Department of the Amy

AR 10-6

Branches of the Army

AR 25-400-2

Modern Army Recordkeeping System (MARKS)

AR 40-1

Composition, Mission, and Functions of the Army Medical Department

AR 40-562

Immunization Requirements and Procedures

AR 133-18

The Active Guard/Reserve (AGR) Program

AR 165-20

Duties of Chaplains and Responsibilities of Commanders

AM 190-18

Detention Cell Standards

AR 190-47

The U.S. Army Correctional System

AR 195-1

Army Criminal Investigation Program

AR 210-7

Commercial Solicitation on Army Installations

AR 210-10

Administration

AR 210-50

Family Housing Management

AR 210-51

Army Housing Referral Service Program

AR 310-25

Dictionary or United States Army Terms

AR 340-2

Maintenance and Disposition or Records for TOE and Certain Other Units

AR 350-1

Army Training

AR 350-100

Officer Active Duty Service Obligation

AR 360-5

Public Information

AR 360-61

Community Relations

AR 380-5

Department of the Army Information Security Program

AR 380-13

Acquisition and Storage of Information Concerning Nonaffiliated Persons and Organizations

AR 500-51

Support to Civilian Law Enforcement

AR 600-9

The Army Weight Control Program

AR 600-25

Salutes, Honors, and Visits of Courtesy

AR 600-31

Suspension of Favorable Personnel Action for Military Personnel in National Security Cases and Other Investigations or Proceedings

AM 600-37

Unfavorable Information

AR 600-200

Enlisted Personnel Management System

AR 600-291

Foreign Government Employment

AR 601-280

Army Reenlistment Program

AR 611-101

Commissioned Officer Specialty Classification System

AR 611-112

Manual of Warrant Officer Military Occupational Specialties

AR 611-201

Enlisted Career Management Fields and Military Occupational Specialties

AR 614-200

Selection of Enlisted Soldiers for Training and Assignment

AR 624-100

Promotion of Officers on Active Duty

AR 630-5

Leaves and Passes

AR 635-40

Physical Evaluation for Retention, Retirement, or Separation

AR 635-120

Officer Resignations and Discharges

AR 680-29

Military Personnel Organization and Type of Transaction Codes

DA Pam 25-400-2

Modern Army Recordkeeping System for TOE and Certain Other Units in the Army

DA Pam 310-1

Index of Administrative Publications

DA Pam 570-series

Manpower Management

DA Pam 600-3

Commissioned Officer Professional Development and Utilization

DA Pam 600-8

Military Personnel Office Management and Administrative Procedures

FM 22-101

Leadership Counseling

FM 22-600-211

The Army Noncommissioned Officer Guide

FM 100-1

The Army

CTA 50-900

Clothing and Individual Equipment

CFA 50-909

Field and Garrison Furnishings and Equipment

CPR 700

Personnel Relations and Services (General)

FPM 713

Federal Personnel Manual

NG Reg 600-4

Command, Military Courtesy, Standards of Appearance, Honors, Uniform and Insignia

NG Reg 600-21

Army National Guard Equal Opportunity Program

Section Ill Prescribed Forms

DA Form 5304-R Page 1 Page 2

Family Care Counseling Checklist. (Prescribed in para 5-5.)

DA Form 5305-R Page 1 Page 2

Statement of Understanding and Responsibility. (Prescribed in para 5-5.)

Section IV Referenced Forms

DA Form 2627

Record of Proceedings Under Article 15, UCMJ

Contents

Appendix B. Examples of Types of Political Activity Permitted or Prohibited

B-1. Examples of types of political activity permitted

Under the policies set forth in paragraph 5-3, a soldier in the Army on active duty may-

a. Register, vote, and express a personal opinion on political candidates and issues, as a private citizen, but not as a representative of the Army.

b. Promote and encourage other military personnel to take part in political activity as in a above if such promotion is not an at-tempt to influence or interfere with the out-come of an election.

c. Join a political club and attend its meetings when not in uniform.

d. Serve in a local part-time nonpartisan civil office (appointive or elective) if the needs of the office do not interfere with military duties and the soldier receives prior approval of the installation commander.

e. Serve as an election official if such service is not as a representative of a partisan political party, does not interfere with military duties, is performed while out of uniform, and has prior approval of the installation commander.

f. Sign a petition for specific legislative action or to place a candidate's name on an official election ballot, if it-

(1) Does not obligate the soldier to en-gage in partisan political activity.

(2) Is signed as a private citizen and not as an Army representative.

g. Write a letter to the editor of a newspaper expressing his or her personal views on public issues if those views do not at-tempt to promote a partisan political cause.

h. Write a personal letter, not for publication, expressing preference for a specific political candidate or cause. This may be done if the action is not part of an organized letter-writing campaign in behalf of a partisan political cause or candidate.

i. Make monetary contributions to a political party or political committee favoring a particular candidate or slate of candidates. These contributions are subject to the limitations of sections 603 and 607, title 18, United States Code.

j. Display a political decal on his or her private automobile.

B-2. Types of activities prohibited

Under the statutory restrictions set forth in appendix C and the policies established in paragraph 5-2, a member of the Army on active duty will not-

a. Use official authority or influence to-

(1) Interfere with an election.

(2) Affect the course or outcome of an election.

(3) Solicit votes for a particular candidate or issue.

(4) Require or solicit political contributions from others.

b. Be a partisan candidate for civil office (Federal, State, or local), except under the conditions set forth in paragraph 5-3. Moreover, a soldier may not engage in public or organized solicitation of others to become partisan candidates for nomination or election to civil offices.

c. Take part in partisan political management or campaigns or make public speeches in the course thereof.

d. Make a campaign contribution to an-other member of the Armed Forces or to a civilian officer or employee of the United States to promote a political objective or cause.

e. Solicit or receive a campaign contribution as specified in d above.

f. Allow or cause to be published partisan political articles signed or authorized by the soldier to solicit votes for or against a partisan political party or candidate.

g. Serve in any official capacity or be listed as a sponsor of a partisan political club.

h. Speak before a partisan political gathering of any kind to promote a partisan political party or candidate.

i. Take pan in any radio, television, or other program or group discussion as an advocate of a partisan political party or candidate.

j. Conduct a political opinion survey under the auspices of a partisan political group, or distribute partisan political literature.

k. Use contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the secretary of a military department, the Secretary of the Treasury, or the governor or legislature of any State, Territory, Commonwealth, or possession in which he or she is on duty or present.

l. Perform clerical or other dudes for a partisan political committee during a campaign or on election day.

m. Solicit or otherwise engage in fund-raising activities in Federal offices or facilities for a partisan political cause or candidate. (This includes military posts.)

n. March or ride in a partisan political parade.

o. Display a large political sign, banner, or poster on his or her private automobile (as distinguished from a political sticker).

p. Take part in any organized effort to provide voters with transportation to the polls if the effort is organized by or associated with a partisan political party or candidate.

q. Sell tickets for, or otherwise actively promote, political dinners and other such fund-raising event.

r. Attend partisan political events as an official representative of the Army even though he or she does not actively take part.

s. Engage in activities discussed in paragraph 4-12.

B-3. Activities not expressly allowed or prohibited

Some activities not expressly prohibited would be contrary to the spirit and intent of this regulation. In finding whether or not an activity violates the traditional concept that military personnel must not engage in partisan political activity, rules of reason and common sense will apply. Any activity that could be interpreted as associating the Department of the Army directly or indirectly with a partisan political cause or candidate must be avoided Installation commanders should not permit the use of installation facilities for political assemblies or meetings, fund-raising dinners or like social events in on-post clubs, press conferences, or similar activities by the following:

a. Political candidates' parties or causes no matter who is the sponsor.

b. Any candidate (either incumbents or new office seekers).

b. Members of a candidate's staff or campaign representatives.

B-4. Nonpartisan political activity

A member of the Army on active duty may take part in local nonpartisan political campaigns. However, a soldier taking part in local/nonpartisan political activity will not-

a. Wear a uniform while campaigning or use any property or facilities of the Government in the campaign.

b. Allow participation to interfere with or prejudice performance of military duties.

c. Engage in conduct that would in any way imply that DA is taking a position or is involved in the campaign.

B-5. Members on active duty for training

Paragraph 5-3 does not apply to soldiers on active duty for training who are serving for a period of not more than 30 days. While on active duty for training, however, a soldier is expected to-

a. Give full time and attention to per-forming military duties during prescribed duty hours.

b. Avoid any outside activities that would be prejudicial to performing military duties or inconsistent with the accepted traditions of the Army.

c. Refrain from taking part in any political activity while in military uniform, or using Government facilities in furtherance of political activities.

Contents

Appendix C Statutory Prohibition Pertaining to Political Activity by Members of the Armed Forces

C-1. General

Members of the Armed Forces are prohibited from certain types of political activity by statutes that prescribe specific penalties for violation. Most directly applicable are the excerpts from the United States Code presented in this appendix.

C-2. Section 1973cc-25, title 42, United States Code, Undue influence

"It shall be unlawful for commissioned, noncommissioned, warrant, or petty officer in the Armed forces (1) to attempt to influence any member of the Armed Forces to vote or not to vote for any particular candidate, or (2) to require any member of the Armed Forces to march to any polling place or place of voting . . . but nothing in this subchapter shall be deemed to prohibit free discussion regarding political issues or candidates for public office. Aug. 9, 1955, c. 656, Title III. Sec. 305, 69 Stat. 589."

C-3. Section 592, title 18, United States Code, Troops at polls

"Whoever, being an officer of the Army or Navy, or other person in the civil, military or naval service of the United States, orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election is held, unless such force be necessary to repel armed enemies of the United States, shah be fined not more than $5,000 or imprisoned not more than five years, or both; and be disqualified from holding any office of honor, profit, or trust under the United States . . . This section shall not prevent any officer or member of the Armed Forces of the United States from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to the laws of the State in which he offers to vote. June 25, 1948, c. 645, 62 Stat. 719."

C-4. Section 593, title 18, United States Code, Interference by Armed Forces

"Whoever, being an officer or member of the Armed Forces of the United States, prescribes or fixes or attempts to prescribe or fix, whether by proclamation, order or otherwise, the qualifications of voters at any election in any State; or Whoever, being such officer or member, prevents or at-tempts to prevent by force, threat intimidation, advice or otherwise any qualified voter of any State from exercising the tight of suffrage at any general or special election; or whoever, being such officer or member, orders or compels or attempts to compel any election officer in any State to receive a vote from a person not legally qualified to vote; or whoever, being such officer or member, imposes or attempts to impose any regulations for conducting any general or special election in a State, different from those pre-scribed by law; or whoever, being such officer or member, interferes in any manner with an election officer's discharge of his duties-Shall be fined not more than $5,000 or imprisoned not morn than five years, or both; and disqualified from holding any of-lice of honor, profit or trust under the United States. This section shall not prevent any officer or member of the Armed Forces from exercising the right of suffrage in any district to which he may belong, if other-wise qualified according to the laws of the State of such district. June 25, 1948, c. 645, 62 Stat. 719."

C-5. Section 594, title 18, United States Code, Intimidation of voters

"Whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, Presidential Elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Com-missioner, at any election held solely or in part for the purpose of electing such candidate, shall be fined not more than $1,000 or imprisoned not more than one year, or both. As amended September 22, 1970, P.L. 91405, Title II, Sec. 204(d)(5), 84 Slat. 853."

C-6. Section 596, title 18, United States Code, Polling Armed Forces

"Whoever, within or without the Armed Forces of the United States, polls any member of such forces, either within or without the United States, either before or after he executes any ballot under any Federal or State law, with reference to his choice for his vote for any candidate or states, publishes, or releases any result of any purported poll taken from or among the members of the Armed Forces of the United States or including within it the statement of choice for such candidate or of such votes cast by any member of the Armed Forces of the United States, shall be fined not more than $1,000 or imprisoned for not more than one year, or both. The word "poll" means any request for information, verbal or written, which by its language or form of expression requires or implies the necessity of an answer, where the request is made with the in-tent of compiling the result of such answers obtained, either for the personal use of the person making the request, or for the purpose of reporting the same to any other per-son, persons, political party, incorporated association or corporation, or for the purpose of publishing the same orally, by radio, or in written or printed form. June 25, 1948, c. 645. 62 Stat. 720."

C-7. Section 602, title 18, United States Code, Solicitation of political contributions

"It shall be unlawful for:

(1) a candidate for the Congress;

(2) an individual elected to or serving in the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress;

(3) an officer or employee of the United States or any department or agency thereof; or

(4) a person receiving any salary or compensation for services from money derived from the Treasury of the United States to knowingly solicit, any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined not more than $5,000 or imprisoned not more than three years, or both. As amended Jan 8, 1980, P.L. 96-187, Title II, Sec. 201(a)(3), 93 Stat. 1367."

C-8. Section 603, title 18, United States Code, Making political contributions

"(a) It shall be unlawful for an officer or employee of the United States or any department or agency thereof, or a person receiving any salary or compensation for service from money derived from the Treasury of the United States, to make any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 to any other such officer, employee or person or to any Senator or Representative in, or Delegate or Resident Commissioner to the Congress, if the person receiving such contribution is the employer or employing authority of the person making the contribution. Any person who violates this shall be fined not more than $5,000 or imprisoned not more than three years, or both.

(b) For purposes of this section, a contribution to an authorized committee as de-fined in Section 802(e)(1) of the Federal Election Campaign Act of 1971 shall be considered a contribution to the individual who has authorized such committee (As amended Jan 8, 1980, P.L. 96-187, Title II, See. 201(a)(4), 93 Stat. 1367)."

C-9. Section 606, title 18, United States Code, Intimidation to secure political contributions

"Whoever, being one of the officers or employees of the United States mentioned in section 602 of this title, discharges or promotes, or degrades, or in any manner changes the official rank or compensation of any other officer or employee, or promises or threatens so to do, for giving or with-holding or neglecting to make any contribution of money or other valuable thing for any political purpose, shall be fined not more than $5,000 or imprisoned not more than three years, or both. June 25, 1948, c. 645, fi2 Stat. 722."

C-10. Section 607, title 18, United States Code, Place of solicitation

"(a) It shall be unlawful for any person to solicit or receive any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 in any room or building occupied in the discharge of official duties by any person mentioned in section 603, or in any navy yard, fort, or arsenal. Any person who violates this section shall be fined not more than $5,000 or imprisoned not more than three years, or both.

(b) The prohibition in subsection (a) shall not apply to the receipt of contributions by persons on the staff of a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, provided, that such contributions have not been solicited in any manner which directs the contributor to mail or deliver a contribution to any room, building, or other facility referred to in subsection (a), and provided that such contributions are transferred with-in seven days of receipt of a political committee within the meaning of section 302(e) of the Federal Election Campaign Act of 1971. (As amended Jan 8, 1980, P.L. 96-187, Title II, 201(a)(5), 93 Stat. 1367.)"

C-11. Section 441a, title II, United States Code, Limitations on contributions and expenditures-dollar limitations on expenditures

"(a)(1) No person shall make contributions-

(A) to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $1,000;

(B) to the political committees established and maintained by a national political party, which are not the authorized political committees of any candidate, in any calendar year which, in the aggregate, exceed $20,000; or

(C) to any other political committee in any calendar year which in the aggregate, exceed $5,000.

(2) No multicandidate political commit-tee shall make contributions-

(A) to any candidate and his authorized political committees with respect to any election for Federal office which, in the aggregate, exceed $5,000;

(B) to the political committees established and maintained by a national political party, which are not the authorized political committees of any candidate, in any calendar year, which, in the aggregate, exceed $15,000; or

(C) to any other political committee in any calendar year which, in the aggregate, exceed ,5,000.

(3) No individual shall make contributions aggregating more than $25,1D00 in any calendar year. For the purposes of this para-graph, any contribution made to a candidate in a year other than the calendar year in which the election is held with respect to which such contribution is made, is considered to be made during the calendar year in which such election is held.

(4) The limitations on contributions contained in paragraphs (1) and (2) do not apply to transfers between and among political committees which are national, State, district, or local committees (including any subordinate committee thereof) of the same political party. For purposes of paragraph (2) the term "multicandidate political committee" means a political committee which has been registered under section 433 of this title for a period of not less than 6 months, which has received contributions from more than 50 persons, and except for any State political party organization has made contributions to 5 or more candidates for Federal office."

(5) . . .

(6) The limitations on contributions to a candidate imposed by paragraphs (1) and (2) of this subsection shall apply separately with respect to each election, except that all elections held in any calendar year for the office of President of the United States (except a general election for such office) shall be considered to be one election.

(7) For purposes of this subsection-

(A) contributions to a named candidate made to any political committee authorized by such candidates to accept contributions on his behalf shall be considered to be contributions made to such candidate;

(B)(i) expenditures made by any person in cooperation, consultation, or concert, with or at the request or suggestion of a candidate, his authorized political committees, or their agents, shall be considered to be contributed to such candidate;

(ii) the financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his campaign committees or their authorized agents shall be considered to be an expenditure for purposes of this paragraph; and

(C) contributions made to or for the benefit of any candidate nominated by a political party for election to the office of Vice President of the United States shall be considered to be contribution made to or for the benefit of the candidate of such part for election to the office of President of the United States.

(8) For the purposes of the limitations imposed by this section, all contributions made by a person, either directly or indirectly, on behalf of a particular candidate, including contributions which are in any way earmarked or otherwise directed through an intermediary or conduit to such candidate, shall be treated as contributions from such person to source add the intended recipient of such contribution to the Commission and to the intended recipient."

C-12. Section 441f, title II, United States Code, Contributions In name of another prohibited

"No person shall make a contribution in the name of another person or knowingly permit his name to be used to effect such a contribution, and no person shall knowingly accept a contribution made by one person in the name of another person. P.L. 92-225, Title III, section 325, as add-ed. P.L. 94-283, Title I, section 112(2), May 11, 1976, 90 Stat. 494."

C-13. Section 441g, title II, United States Code, Limitation on contribution of currency

"No person shall make contributions of currency of the United States or currency of any foreign country to or for the benefit of any candidate which, in the aggregate, exceed $100, with respect to any campaign of such candidate for nomination for election, or for election, to Federal office. P.L. 92-225, Title III, 326, as added. P,L. 94-283, Title I, 112(2), May 11, 1976, 90 Stat. 494."

C-14. Section 441i, title II, United States Code, Acceptance of excessive honorariums

"(a) Prohibited practices

No person while an elected or appointed officer or employee of any branch of the Federal Government shall accept any honorarium of more than $2,000 (excluding amounts accepted for actual travel and subsistence expenses for such person and his spouse or an aide to such person, and excluding amounts paid or incurred for any agents' fees or commissions) for any appearance, speech, or article.

(b) Payment of honorarium to charitable organization

Any honorarium, or any part thereof, paid by or on behalf of an elected or appointed officer or employee of any branch of the Federal Government to a charitable organization shall be deemed not to be accepted for the purposes of this section.

(c) Aggregate amount received during any calendar year

For purposes of determining the aggregate amount of honorarium's received by a person during any calendar year, amounts returned to the person paying an honorarium-um before the close of the calendar year in which it was received shall be disregarded.

(d) Time of acceptance of honorarium

For purposes of paragraph (2) of subsection (a) of this section, an honorarium shall be treated as accepted only in the year in which that honorarium is received."

Table 1-2 Comparable rank among the Services

Army

Air Force

Marine Corps

Navy

Officers

 

 

 

General of the Army

General of the Air Force

-

Fleet Admiral

General

General

General

Admiral

Lieutenant General

Lieutenant General

Lieutenant General

Vice Admiral

Major General

Major General

Major General

Rear Admiral (U)

Brigadier General

Brigadier General

Brigadier General

Rear Admiral (L)

Colonel

Colonel

Colonel

Captain

Lieutenant Colonel

Lieutenant Colonel

Lieutenant Colonel

Commander

Major

Major

Major

Lieutenant Commander

Captain

Captain

Captain

Lieutenant

First Lieutenant

First Lieutenant

First Lieutenant

Lieutenant (junior grade)

Second Lieutenant

Second Lieutenant

Second Lieutenant

Ensign

Chief Warrant Officer, Four

Chief Warrant Officer, Four

Chief Warrant Officer, Four

Chief Warrant Officer, Four

Chief Warrant Officer, Three

Chief Warrant Officer, Three

Chief Warrant Officer, Three

Chief Warrant Officer, Three

Chief Warrant Officer, Two

Chief Warrant Officer, Two

Chief Warrant Officer, Two

Chief Warrant Officer, Two

Warrant Officer, One

Warrant Officer, One

Warrant Officer, One

Warrant Officer, One

 

 

 

 

Cadets

 

 

 

Cadet

Cadet

None

Midshipman

 

 

 

 

Enlisted Soldiers

 

 

 

Sergeant Major of the Army

Chief Master Sergeant of the Air Force

Sergeant Major of the Marine Corps

Master Chief Petty Officer of the Navy

Command Sergeant Major

Chief Master Sergeant

Sergeant Major

Command Master Chief Petty Officer

Sergeant Major

-

Master Gunnery Sergeant

Master Chief Petty Officer

First Sergeant

Senior Master Sergeant

First Sergeant

Senior Chief Petty Officer

Master Sergeant

-

Master Sergeant

-

Sergeant First Class

Master Sergeant

Gunnery Sergeant

Chief Petty Officer

Staff Sergeant

Technical Sergeant

Staff Sergeant

Petty Officer First Class

Sergeant

Staff Sergeant

Sergeant

Petty Officer Second Class

Corporal

Sergeant

Corporal

Petty Officer Third Class

Specialist

-

-

-

Private First Class

Airman First Class

Lance Corporal

Seaman

Private

Airman

Private First Class

Seaman Apprentice

Private

Basic Airman

Private

Seaman Recruit

Contents

Glossary

Section I Abbreviations

AAP Affirmative Action Plan

ADL active duty list

ADOR active date of rank

AGR adjusted grade of rank

AMEDD Army Medical Department

ARNG Army National Guard

ARNGUS Army National Guard of the United States

ASI additional skill identifier

AUS Army of the United States

CAR Chief, Army Reserve

CG commanding general

CHAMPUS Civilian Health and Medical Program of the Uniformed Services

CNGB Chief, National Guard Bureau

CONUS continental United States

CONUSA the numbered armies in the continental United States

CSC Command and Staff College

DA Department of the Army

DCSPER Deputy Chief of Staff for Personnel

DEOMI Defense Equal Opportunity Management Institute

DOD Department of Defense

DOPMA Defense Officer Personnel Management Act

DOR date of rank

EEO equal employment opportunity

EO equal opportunity

EOA equal opportunity adviser

EOR equal opportunity representative

FORSCOM U.S. Army Forces Command

HQDA Headquarters, Department of the Army

IADT initial active duty for training

ID identification (card)

IET initial entry training

IRR Individual Ready Reserve

JAGC Judge Advocate General's Corps

MCM Manual for Courts-Martial

MACOM major Army command

MOS military occupation skill

MOS-ENLD military occupational specialty-enlisted

MRE meals-ready-to-eat

NCO noncommissioned officer

NCOPD noncommissioned officer professional development

NGB National Guard Bureau

OCAR Office of the Chief, Army Reserve

OCONUS outside continental United States

ODCSPER Office of the Deputy Chief of Staff for Personnel

ORB Officer Record Brief

OTIG Office of The Inspector General

OTRA other than Regular Army

OTSG Office of The Surgeon General

PED pay entry date

POI program(s) of instruction

PSC Personnel Service Center

RA Regular Army

RC Reserve Component

ROTC Reserve Officer's Training Corps

SQI special qualification identifier

SSI specialty skill identifier

TDA tables of distribution and allowances

TDRL Temporary Disability Retired List

TDY temporary duty

TJAG The Judge Advocate General

TOE table(s) of organization and equipment

TRADOC U.S. Army Training and Doctrine Command

TSG The Surgeon General

UCMJ Uniform Code of Military Justice

UIC unit identification code

USAR U.S. Army Reserve

USMA United States Military Academy

USTAPA U.S. Total Army Personnel Agency

WO warrant officer

Section II Terms

Action step

Specific action or task undertaken to eliminate or neutralize a problem and to achieve an objective. Information needed includes the agency taking action, a completion date, and an established goal.

Active duty

Full-time duty in the active military service of the United States (10 USC 101(22)). This term includes active duty for training and annual training. It does not include inactive duty for training (drill) or duty performed in a State status (ARNG personnel only).

Active status

The status of a member of an RC not in the inactive Army National Guard, on inactive status list, or in the retired Reserve.

Affirmative Action Plan

A management document that consists of statements of attainable goals and timetables. This document is required of all Army organizations, commands, agencies, and activities down to brigade (or equivalent) level. It is designed to achieve equal opportunity for all military personnel. Affirmative Action Plans will concern conditions where-

a. Affirmative action is needed.

b. Practicable strategies to remedy the conditions are available and explained.

c. The end-conditions sought are clearly expressed.

Chain of command

The sequence of commanders in an organization who have direct authority and primary responsibility for accomplishing the assigned unit mission while caring for personnel and property in their charge.

Civil office

An office that exercises powers of authority of civil government (not military in nature). It may be either an elective or an appointive office under the United States, a territory or possession, or a State, county, municipality, or official subdivisions. This term does not include offices to which military personnel may be assigned in a military status.

Complainant

A soldier, military family member, or civilian employee of the Army who submits a complaint of discrimination.

Date of rank

The date on which an officer actually or constructively was appointed in a particular grade. The date will be calculated based on criteria established in this regulation and is the first rule for determining relative seniority for officers holding the same grade.

Equal opportunity

Consideration and treatment based upon merit, fitness, and capability irrespective of race, color, religion, gender, or national origin.

Equal opportunity advisers

Officers and noncommissioned officers serving in full-time equal opportunity positions, at brigade (or equivalent) level, or higher. In addition to military EOAs, DA civilian employees may be officially assigned to military equal opportunity program duties in accord with applicable position classification standards and guidelines.

Establishment

An entity which either recognizes itself or is recognized as such by the community at large. Specifically, any corporation, partner-ship, school, training center, or educational institution, club, fraternal, social, or political group.

Ethnic origin

The quality of being distinguishable from the general population on the basis of actual or perceived cultural criteria such as language, religion, and mores. For purposes of this regulation, ethnic origin is included within the meaning of national origin. Residents of Puerto Rico may be covered under national origin in cases of discrimination.

Full-time service

Any service in connection with a civil office that is likely to interfere with regular military duties.

Goal

An objective based on realistic, measurable prospects of attainment.

Grade

A step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulations (for example, lieutenant and captain).

Housing discrimination

Denying or attempting to deny housing to Army personnel because of race, color, religion, gender, or national origin. Housing of unmarried personnel on the basis of gender (for example, female-only or male-only bar-racks) is not considered discriminatory within the interest of this regulation.

Institutional discrimination

Different treatment of individuals in an organization which-

a. Occurs based on race, color, religion, gender, or national origin.

b. Results from the normal functioning of the organization.

c. Operates to the consistent disadvantage of a particular group.

Minority group

Any group distinguished from the general population in terms of race, color, religion, gender, or national origin.

Nonpartisan political activity

An activity in support of or related to candidates not representing national or State political parties and associated or ancillary organizations. (Issues relating to amendments to the Constitution, referendums, approval of municipal ordinances, and so forth, are deemed not specifically identified with national or State political parties.)

Original appointment

Any appointment in a Reserve or Regular Component of the Armed Forces that is neither a promotion nor a demotion, Officers may receive more than one "original appointment."

Partisan political activity

An activity in support of or related to candidates representing national or State political parties and associated or ancillary organizations. (Activities that support or re-late to issues specifically identified with national or State political parties and associated or ancillary organizations are al-so included.)

Personal racism, sexism, or Bigotry

The acting out of prejudices by an individual or group of individuals against another individual or group because of race, color, religion, gender, or national origin.

Placement on the active duty list

The date on which a commissioned officer entered on active duty on his or her current tour of service on the active duty list.

Rank

The order of precedence among members of the Armed Forces.

Sexual harassment

Any soldier or civilian employee is engaging in sexual harassment who-

a. Through behavior of a sexual nature attempts to control, influence, or affect the career, pay, or job of a soldier or civilian employee.

b. Makes deliberate or repeated verbal comments or gestures of a sexual nature that are offensive to the person to whom addressed.

c. Makes abusive physical contact of a sexual nature.

Uniformed service

The Army, Navy, Air Force, Marine Corps, Coast Guard, The Commissioned Corps of the Public Health Service and the Commissioned Corps of the National Oceanic and Atmospheric Administration.

Contents

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