Part II – Personnel

Personnel

Pathway

Title 10 > Subtitle A > Part II

Details

• Reference: Part II
• Legend: Personnel
• USCode Year: 2013

Provision Content

Enhanced Protections for Prospective Members and New Members of the Armed Forces During Entry-Level Processing and Training

Pub. L. 113–66, div. A, title XVII, §1741, Dec. 26, 2013, 127 Stat. 977, provided that:

(a) Defining Inappropriate and Prohibited Relationships, Communication, Conduct, and Contact Between Certain Members.

(1) Policy required.The Secretary of a military department and the Secretary of the Department in which the Coast Guard is operating shall maintain a policy that defines and prescribes, for the persons described in paragraph (2), what constitutes an inappropriate and prohibited relationship, communication, conduct, or contact, including when such an action is consensual, between a member of the Armed Forces described in paragraph (2)(A) and a prospective member or member of the Armed Forces described in paragraph (2)(B).

(2) Covered members.The policy required by paragraph (1) shall apply to

(A) a member of the Armed Forces who exercises authority or control over, or supervises, a person described in subparagraph (B) during the entry-level processing or training of the person; and

(B) a prospective member of the Armed Forces or a member of the Armed Forces undergoing entry-level processing or training.

(3) Inclusion of certain members required.The members of the Armed Forces covered by paragraph (2)(A) shall include, at a minimum, military personnel assigned or attached to duty

(A) for the purpose of recruiting or assessing persons for enlistment or appointment as a commissioned officer, warrant officer, or enlisted member of the Armed Forces;

(B) at a Military Entrance Processing Station; or

(C) at an entry-level training facility or school of an Armed Force.

(b) Effect of Violations.A member of the Armed Forces who violates the policy required by subsection (a) shall be subject to prosecution under the Uniform Code of Military Justice.

(c) Processing for Administrative Separation.

(1) In general.(A) The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall require the processing for administrative separation of any member of the Armed Forces described in subsection (a)(2)(A) in response to the first substantiated violation by the member of the policy required by subsection (a), when the member is not otherwise punitively discharged or dismissed from the Armed Forces for that violation.

(B) The Secretary of a military department shall revise regulations applicable to the Armed Forces under the jurisdiction of that Secretary as necessary to ensure compliance with the requirement under subparagraph (A).

(2) Required elements.(A) In imposing the requirement under paragraph (1), the Secretaries shall ensure that any separation decision regarding a member of the Armed Forces is based on the full facts of the case and that due process procedures are provided under existing law or regulations or additionally prescribed, as considered necessary by the Secretaries, pursuant to subsection (f).

(B) The requirement imposed by paragraph (1) shall not be interpreted to limit or alter the authority of the Secretary of a military department and the Secretary of the Department in which the Coast Guard is operating to process members of the Armed Forces for administrative separation

(i) for reasons other than a substantiated violation of the policy required by subsection (a); or

(ii) under other provisions of law or regulation.

(3) Substantiated violation.For purposes of paragraph (1), a violation by a member of the Armed Forces described in subsection (a)(2)(A) of the policy required by subsection (a) shall be treated as substantiated if

(A) there has been a court-martial conviction for violation of the policy, but the adjudged sentence does not include discharge or dismissal; or

(B) a nonjudicial punishment authority under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice), has determined that a member has committed an offense in violation of the policy and imposed nonjudicial punishment upon the member.

(d) Report on Need for UCMJ Punitive Article.Not later than 120 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the recommendations of the Secretary regarding the need to amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to create an additional article under subchapter X of such chapter to address violations of the policy required by subsection (a).

(e) Definitions.In this section:

(1) The term 'entry-level processing or training', with respect to a member of the Armed Forces, means the period beginning on the date on which the member became a member of the Armed Forces and ending on the date on which the member physically arrives at that members first duty assignment following completion of initial entry training (or its equivalent), as defined by the Secretary of the military department concerned or the Secretary of the Department in which the Coast Guard is operating.

(2) The term 'prospective member of the Armed Forces' means a person who has had a face-to-face meeting with a member of the Armed Forces assigned or attached to duty described in subsection (a)(3)(A) regarding becoming a member of the Armed Forces, regardless of whether the person eventually becomes a member of the Armed Forces.

(f) Regulations.Not later than 180 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall issue such regulations as may be necessary to carry out this section. The Secretary of Defense shall ensure that, to the extent practicable, the regulations are uniform for each armed force under the jurisdiction of that Secretary.

U.S. Encyclopedia of Law Coverage

10-U.S.C.-228 in the Legal Encyclopedia: General Military Law

In this entry about 10-U.S.C.-228, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.

Title 10 – Armed Forces in the Legal Encyclopedia: Enlistments

In this entry about Title 10 – Armed Forces, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.

Topic Map

• Title 10/Subtitle A/Part II/Chapter 31 – Enlistments
• Title 10/Subtitle A/Part II/Chapter 32 – officer Strength and Distribution In Grade
• Title 10/Subtitle A/Part II/Chapter 33 – Original Appointments of Regular officers In Grades Above Warrant officer Grades
• Title 10/Subtitle A/Part II/Chapter 33A – Appointment, Promotion, and Involuntary Separation and Retirement For Members On The Warrant officer Active-Duty List
• Title 10/Subtitle A/Part II/Chapter 34 – Appointments As Reserve officers
• Title 10/Subtitle A/Part II/Chapter 35 – Temporary Appointments In officer Grades
• Title 10/Subtitle A/Part II/Chapter 36 – Promotion, Separation, and Involuntary Retirement of officers On The Active-Duty List
• Title 10/Subtitle A/Part II/Chapter 37 – General Service Requirements
• Title 10/Subtitle A/Part II/Chapter 38 – Joint officer Management
• Title 10/Subtitle A/Part II/Chapter 39 – Active Duty
• Title 10/Subtitle A/Part II/Chapter 43 – Rank and Command
• Title 10/Subtitle A/Part II/Chapter 45 – The Uniform
• Title 10/Subtitle A/Part II/Chapter 47 – Uniform Code of Military Justice
• Title 10/Subtitle A/Part II/Chapter 47A – Military Commissions
• Title 10/Subtitle A/Part II/Chapter 48 – Military Correctional Facilities
• Title 10/Subtitle A/Part II/Chapter 49 – Miscellaneous Prohibitions and Penalties
• Title 10/Subtitle A/Part II/Chapter 50 – Miscellaneous Command Responsibilities
• Title 10/Subtitle A/Part II/Chapter 51 – Reserve Components: Standards and Procedures For Retention and Promotion
• Title 10/Subtitle A/Part II/Chapter 53 – Miscellaneous Rights and Benefits
• Title 10/Subtitle A/Part II/Chapter 54 – Commissary and Exchange Benefits
• Title 10/Subtitle A/Part II/Chapter 55 – Medical and Dental Care
• Title 10/Subtitle A/Part II/Chapter 56 – Department of Defense Medicare-Eligible Retiree Health Care Fund
• Title 10/Subtitle A/Part II/Chapter 58 – Benefits and Services For Members Being Separated Or Recently Separated
• Title 10/Subtitle A/Part II/Chapter 59 – Separation
• Title 10/Subtitle A/Part II/Chapter 60 – Separation of Regular officers For Substandard Performance of Duty Or For Certain Other Reasons
• Title 10/Subtitle A/Part II/Chapter 61 – Retirement Or Separation For Physical Disability
• Title 10/Subtitle A/Part II/Chapter 63 – Retirement For Age
• Title 10/Subtitle A/Part II/Chapter 65 – Retirement of Warrant officers For Length of Service
• Title 10/Subtitle A/Part II/Chapter 67 – Retired Pay For Non-Regular Service
• Title 10/Subtitle A/Part II/Chapter 69 – Retired Grade
• Title 10/Subtitle A/Part II/Chapter 71 – Computation of Retired Pay
• Title 10/Subtitle A/Part II/Chapter 74 – Department of Defense Military Retirement Fund
• Title 10/Subtitle A/Part II/Chapter 75 – Deceased Personnel
• Title 10/Subtitle A/Part II/Chapter 76 – Missing Persons
• Title 10/Subtitle A/Part II/Chapter 77 – Posthumous Commissions and Warrants
• Title 10/Subtitle A/Part II/Chapter 79 – Correction of Military Records
• Title 10/Subtitle A/Part II/Chapter 80 – Miscellaneous Investigation Requirements and Other Duties
• Title 10/Subtitle A/Part II/Chapter 81 – Civilian Employees
• Title 10/Subtitle A/Part II/Chapter 83 – Civilian Defense Intelligence Employees
• Title 10/Subtitle A/Part II/Chapter 87 – Defense Acquisition Workforce
• Title 10/Subtitle A/Part II/Chapter 88 – Military Family Programs and Military Child Care
• Title 10/Subtitle A/Part II/Chapter 89 – Repealed