IMPLEMENTING DEFINITIONS FOR UNIFORM CODE OF MILITARY JUSTICE, ARTICLE 93A, PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR TRAINEE BY PERSON IN POSITION OF SPECIAL TRUST

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SUBJ/IMPLEMENTING DEFINITIONS FOR UNIFORM CODE OF MILITARY JUSTICE, ARTICLE 
93A, PROHIBITED ACTIVITIES WITH MILITARY RECRUIT OR TRAINEE BY PERSON IN 
POSITION OF SPECIAL TRUST//

REF/A/DOC/PUBLIC LAW 114-328 (FY17 NATIONAL DEFENSE AUTHORIZATION ACT, 
DIVISON E, MILITARY JUSTICE ACT OF 2016)

REF/B/DOC/UNIFORM CODE OF MILITARY JUSTICE

REF/C/DOC/MANUAL FOR COURT-MARTIAL (2019 EDITION)

RMKS/1.  In December 2016, the President signed reference (a), which created 
a new punitive article under reference (b), Article 93a, Prohibited 
activities with military recruit or trainee by person in position of special 
trust.  Article 93a prohibits Service Members in recruiting or training 
leadership positions from engaging in prohibited sexual activities with 
specially protected junior members of the armed forces.  This message 
provides the implementing definitions pertaining to Article 93a in accordance 
with reference (c).

2.  For the purposes of Uniform Code of Military Justice (UCMJ), Article 93a, 
the following definitions apply:
    a.  Training programs for initial career qualification includes being 
assigned to, or enrolled in, any training or school that officers, officer 
candidates, or any enlisted member of the Naval service is required to 
complete upon initial entry into the Naval service through all training 
required for designation of initial military specialty or occupation.
Persons in a holding status pending initial entry training are in a training 
program for purposes of this rule.
    b.  Applicant for military service is any person who has expressed to a 
military recruiter an interest in enlisting or receiving an appointment in 
the service, has agreed to process for enlistment or commissioning in the 
service, or has initiated a Department of Defense Form 1966, Record of 
Military Processing-Armed Forces of the United States (or comparable form).
This definition includes, but is not limited to, applicants to the U.S.
Military Academies, Junior or Senior Reserve Officer Training Corps, and 
individuals in the Delayed Entry Program, Delayed Training Program, or 
similar programs.  A person ceases to be an applicant for military service 
one year from the date the person either expresses a loss of interest to 
recruiting personnel or from the last communication made to recruiting 
personnel.
    c.  Military recruiter is any person whose primary duty or assignment is 
recruiting.
    d.  Prohibited sexual activity is:
        (1)  Any sexual act, as defined by UCMJ, Article 120; or
        (2)  Any sexual contact, as defined by UCMJ, Article 120.

3.  This message does not prohibit the issuance of general orders or general 
regulations that impose additional restrictions on inappropriate conduct with 
military recruits or trainees.  Further, this message does not change 
Department of the Navy policy as it relates to the Sexual Harassment and 
Sexual Assault Response Programs.

4.  These implementing definitions go into effect 1 January 2019, the 
effective date of UCMJ, Article 93a.

5.  Released by the Honorable Richard V. Spencer, Secretary of the Navy.

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