Thursday, November 8, 2018

ARMY DIR 2018-16 SUITABILITY CRITERIA FOR MILITARY PERSONNEL IN SPECIFIED POSITIONS

https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN13996-ARMY_DIR_2018-16-000-WEB-1.pdf

MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: Army Directive 2018–16 (Suitability Criteria for Military Personnel in
Specified Positions)
1. References. A complete list of references is in enclosure 1.
2. Purpose and Applicability
a. This directive revises the Army’s criteria and procedures for determining
suitability and taking suitability actions regarding the selection and assignment of
Soldiers to the following positions:
(1) Training cadre, including Reserve Officers’ Training Corps cadre, Service
School cadre, and drill sergeants at the company level and below.
(2) Recruiting cadre, including all Soldiers performing a direct recruiting function
that supports the accomplishment of the recruiting mission. These positions include
Soldiers holding the primary military occupational specialty 79R, Department of the
Army-select recruiters, recruiting officers, and recruiting warrant officers at the company
level and below.
(3) Sexual Harassment/Assault Response and Prevention (SHARP)
Professionals. SHARP professionals are individuals holding authorized SHARP
positions. Authorized SHARP positions are Program Managers (PMs), Sexual Assault
Response Coordinators (SARCs), and SHARP Victim Advocates (VAs).
(4) Officer Commissioning Sources. The Superintendent, United States Military
Academy; Commander, U.S. Army Cadet Command; and Commander, 3-11 Infantry
(Officer Candidate School) are authorized to request from U.S. Army Human Resources
Command (HRC) similar background checks on Soldiers with unaccompanied access to
cadets, cadet candidates, and other vulnerable populations as the command deems
necessary.
b. This directive applies to the Regular Army (RA), Army National Guard (ARNG)/
Army National Guard of the United States (ARNGUS), and U.S. Army Reserve (USAR).
c. Responsibilities are outlined in enclosure 2.
S E C R E T A R Y O F T H E A R M Y
W A S H I N G T O N
SUBJECT: Army Directive 2018–16 (Suitability Criteria for Military Personnel in
Specified Positions)
2
3. Scope and Method of Suitability Screening
a. This directive prescribes a standardized screening process for personnel
considered for or serving in the positions listed in paragraph 2a. Personnel chosen to
serve or serving in those positions should have the following positive characteristics:
(1) Possess a high degree of maturity, leadership, judgment, self-discipline, and
professionalism.
(2) Display moral attributes, ethical qualities, and personal traits that thoroughly
embrace our Warrior Ethos and Army Values.
(3) Be fully committed to the program they are being considered to join and the
population they are being considered to serve.
b. Screenings are categorized as “centralized screenings” or “local screenings” and
are conducted by the organizations identified in enclosure 3. All screening
requirements for personnel outlined in this directive must be met before assignment to a
designated position. All organizations will report screening results to HRC for RA and
USAR Soldiers or to the Chief, National Guard Bureau for ARNG/ARNGUS Soldiers.
For the RA and USAR, HRC will forward the disqualifying information to the appropriate
authority listed in enclosure 4.
(1) Centralized Screenings
(a) HRC will support the ARNG in the suitability screening for ARNG/ARNGUS
Soldiers, consistent with applicable law, regulation, and policy.
(b) For RA and USAR Soldiers, HRC will conduct or request the following
screens: restricted portion of the Soldier’s Army Military Human Resource Record,
Inspector General files, U.S. Army Criminal Investigation Command Crime Records
Center, and DoD Consolidated Adjudications Facility. The facility does not screen
SHARP professionals.
(c) HRC will manage the selection and screening process for the RA/USAR
training and recruiting cadre.
(d) RA/USAR commanders will submit their requests for centralized screening of
SHARP professionals to their Army Command (ACOM), Army Service Component
Command (ASCC), or Direct Reporting Unit (DRU) SHARP PM. ACOMs, ASCCs, and
DRUs will consolidate centralized screening requests of SHARP professionals from
subordinate commands and units and submit them to HRC. The following data must be
included: full name; complete Social Security number; rank; date of birth; military
SUBJECT: Army Directive 2018–16 (Suitability Criteria for Military Personnel in
Specified Positions)
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occupational specialty; and duty status. ACOMs, ASCCs, and DRUs will send the data
by encrypted email to usarmy.knox.hrc.mbx.epmd-ebss@mail.mil. HRC will return
screening results to the originating mailbox within 90 calendar days of receipt.
Requestors will receive an outgoing transmittal that identifies Soldiers as cleared,
Type I, Type II, or Type III. Disqualified Soldiers will be notified through the Army
enterprise email that unfavorable information was found, what agency reported the
information, and how to request the information through the Freedom of Information Act.
(e) Commanders must allow enough leadtime to complete centralized screening
before appointment and training. RA/USAR commanders in short-tour locations may
establish expedited screening by coordinating with HRC at usarmy.knox.hrc.mbx.epmd-
ebss@mail.mil.
(f) HRC and the Army Deputy Chief of Staff (DCS), G-1 SHARP Program Office
will communicate screening results to ACOMs, ASCCs, and DRUs.
(2) Local Screenings
(a) Brigade-level commanders will initiate and coordinate local screenings. They
may delegate this responsibility to battalion-level commanders, as appropriate, for
geographically dispersed units. The following organizations will screen or facilitate the
screening of records and provide the results to the requesting commander: Army
Substance Use Disorder Clinical Care for Army Substance Abuse Training records,
military treatment facility for medical records check, installation security office for
installation security records, Defense Information System for Security and Defense
Central Index of Investigations, and installation directorate of emergency services for
local files check.
(b) Commanders will verify with local security managers that all personnel
nominated to designated positions have a favorable National Agency Check with Local
Agency Check and Credit (NACLC), tier 3 investigation or higher background
investigation. Commanders will also complete all local screening requirements before
submitting names for centralized screening. An NACLC is required for credentialing
SHARP SARCs, VAs, and PMs and cannot be waived.
(c) Commanders will check the U.S. Department of Justice National Sex
Offender Public website (NSOPW) at http://www.nsopw.gov. In the event of a name or
photo match, commanders are required to conduct further investigation. If a name
search indicates a potential match with a person serving in or nominated for a
designated position, the commander must communicate with the responsible jurisdiction
or the local law enforcement agency where the offender resides, works, or attends
school (as appropriate) to confirm the identity and information. No adverse action or
suitability determination will be made based solely on information listed in the NSOPW.
SUBJECT: Army Directive 2018–16 (Suitability Criteria for Military Personnel in
Specified Positions)
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(d) Commanders will review the list provided by the NSOPW. If commanders
are unable to conduct an exhaustive review of the NSOPW, they will note the reason(s)
in the remarks on the screening criteria worksheet (enclosure 5).
(e) Disqualification from a designated position is not an independent basis for
disciplinary action. Commanders should consult with their servicing Judge Advocate
regarding the underlying misconduct.
4. Suitability Screening Criteria
a. Disqualifying offenses are listed in enclosure 6.
b. For the purpose of this policy, “adverse information” is any substantiated adverse
finding or conclusion from an officially documented investigation or inquiry, or any other
credible information of an adverse nature. To be credible, the information must be
resolved and supported by a preponderance of the evidence. To be adverse, the
information must be derogatory, unfavorable, or of a nature that reflects clearly
unacceptable conduct, integrity, or judgment on the part of the Soldier (refer to
references d and e).
c. Type I offenses that result in a civilian or military criminal conviction or a finding
of guilty in a field grade Article 15, Uniform Code of Military Justice proceeding are
automatic disqualifiers for appointment to, or retention in, a designated position. Type I
offenses have no expiration and the disqualification may not be appealed. Upon
discovery of a Type I offense listed in enclosure 6 as either a 1, 2, 3, or 7 Type I
offense, commanders will coordinate with their command legal counsel to initiate
elimination proceedings in accordance with applicable law, regulation, and policy.
Information in the Soldier’s record suggestive of a Type I offense that does not result in
a criminal conviction or a finding of guilty in a field grade Article 15 proceeding will be
treated as a Type II offense and reviewed by the approval authority.
d. Type II offenses meeting the definition of adverse information will also result in
automatic disqualification for appointment to, or retention in, a designated position and
are limited to those that occurred during the Soldier’s military career. A disqualification
determination based on a Type II offense may be appealed.
e. Type III offenses meeting the definition of adverse information and committed
within 5 years of the date of a Soldier’s nomination, unless otherwise stated, may be
disqualifying for appointment to, or retention in, a designated position. An approval
authority may favorably adjudicate a Type III offense. A disqualification determination
based on a Type III offense may be appealed.
SUBJECT: Army Directive 2018–16 (Suitability Criteria for Military Personnel in
Specified Positions)
5
5. Rescreening Procedures
a. Soldiers serving in designated positions will be rescreened every 3 years from
the date of their initial assignment to the position. Commands must notify the applicable
screening agencies listed in enclosure 3 at least 120 days before the expiration of a
Soldier’s current screening.
b. If a Soldier is reassigned within 3 years to a different designated position, the
Soldier will not undergo a new screening.
c. Rescreening will search records for the 5 years preceding the rescreening if the
Soldier remains assigned to the same position. Misconduct resulting in disqualifying
information between screenings will subject a Soldier to suspension and potential
disqualification from a designated position.
d. Commands will maintain their screening requirements documentation while the
Soldier is serving in the command. If a Soldier is going to a new designated position
requiring screening, the command will forward the screening documentation to the
Soldier’s gaining command (for example, a SHARP VA moving between commands).
6. Appointing Authority Responsibilities
a. The appointing authority must notify a Soldier, in writing, of disqualifying adverse
information for Type I, Type II, or Type III offenses. The memorandum will include the
basis of disqualification; the Soldier’s right to military counsel or civilian counsel (at the
Soldier’s expense); the process for submitting rebuttal matters to dispute incorrect
information; and the process for submitting an appeal, if authorized. The appointing
authority must provide the Soldier with a copy of the disqualifying information or the
name and address of the agency that reported the disqualifying information.
b. For the appointment of SHARP professionals, commanders must follow the
screening procedures outlined in this policy. Once screening is complete, commanders
must provide completed findings to their ACOM, ASCC, or DRU SHARP PM.
7. Reassignment and Reclassification. For those RA and USAR Soldiers whose
suspension or removal requires reassignment (training and recruiting cadre), the
commander must coordinate with HRC for reassignment, reclassification, or other
personnel action pursuant to references m, n, or o For those ARNG/ARNGUS Soldiers
whose suspension or removal requires reassignment (training and recruiting cadre), the
commander must coordinate with the ARNG for reassignment, reclassification, or other
personnel action pursuant to references m, n, or o.
SUBJECT: Army Directive 2018–16 (Suitability Criteria for Military Personnel in
Specified Positions)
6
8. Procedures. The processes for suspension and removal and approval and appeal
are outlined in enclosure 7. These authorities may not be delegated.
9. Proponent. The proponent for this policy is the DCS, G-1. The DCS, G-1 will revise
the applicable Army regulations to incorporate the provisions of this directive within
2 years from the date of this directive. This directive is rescinded upon publication of all
the revised regulations.
10. Reporting Requirement. The Army Suitability Division, Office of the DCS, G-1 will
publish reporting requirements within 90 days from date of this directive.
11. Point of Contact. Direct any questions about this directive to the Army Suitability
Division, Directorate of Military Personnel Management, Office of the DCS, G-1 at
(703) 571-7226.
Encls Mark T. Esper
DISTRIBUTION:
Chief, National Guard Bureau
Principal Officials of Headquarters, Department of the Army
Commander
U.S. Army Forces Command
U.S. Army Training and Doctrine Command
U.S. Army Futures Command
U.S. Army Materiel Command
U.S. Army Pacific
U.S. Army Europe
U.S. Army Central
U.S. Army North
U.S. Army South
U.S. Army Africa/Southern European Task Force
U.S. Army Special Operations Command
Military Surface Deployment and Distribution Command
U.S. Army Space and Missile Defense Command/Army Strategic Command
U.S. Army Cyber Command
U.S. Army Medical Command
U.S. Army Intelligence and Security Command
U.S. Army Criminal Investigation Command
U.S. Army Corps of Engineers
(CONT)
SUBJECT: Army Directive 2018–16 (Suitability Criteria for Military Personnel in
Specified Positions)
7
DISTRIBUTION: (CONT)
U.S. Army Military District of Washington
U.S. Army Test and Evaluation Command
U.S. Army Installation Management Command
U.S. Army Human Resources Command
U.S. Army Financial Management Command
U.S. Army Marketing and Engagement Brigade
Superintendent, United States Military Academy
Director, U.S. Army Acquisition Support Center
Superintendent, Arlington National Cemetery
Commandant, U.S. Army War College
Director, U.S. Army Civilian Human Resources Agency
CF:
Director, Army National Guard
Director, Business Transformation
Commander, Eighth Army
Army Directive 2018-16 Enclosure 1
REFERENCES
a. Department of Defense (DoD) Instruction 6495.02 (Sexual Assault Prevention and
Response (SAPR) Program Procedures); March 28, 2013; Incorporating Change 3,
May 24, 2017.
b. DoD Instruction 6495.03 (Defense Sexual Assault Advocate Certification Program
(D-SAACP)); September 10, 2015; Incorporating Change 1, April 7, 2017.
c. Department of Defense (DoD) Instruction 1320.04 (Military Officer Actions Requiring
Presidential, Secretary of Defense, or Under Secretary of Defense for Personnel and
Readiness Approval or Senate Confirmation), January 3, 2014.
d. DoD Instruction 1402.05 (Background Checks on Individuals in DoD Child Care
Services Programs), September 11, 2015, Incorporating Change 1, Effective
July 14, 2016.
e. Army Regulation (AR) 15-6 (Procedures for Administrative Investigations and
Boards of Officers), 1 April 2016.
f. AR 20-1 (Inspector General Activities and Procedures), 29 November 2010,
Including Rapid Action Revision Issued 3 July 2012.
g. AR 25-22 (The Army Privacy Program), 22 December 2016.
h. AR 190-45 (Law Enforcement Reporting), 27 September 2016.
i. AR 600-8-2 (Suspension of Favorable Personnel Actions (Flag)), 11 May 2016.
j. AR 600-20 (Army Command Policy), 6 November 2014.
k. AR 600-37 (Unfavorable Information), 10 April 2018.
l. AR 600-85 (The Army Substance Abuse Program), 28 November 2016.
m. AR 601-1 (Assignment of Enlisted Personnel to the U.S. Army Recruiting
Command), 11 October 2016.
n. AR 614-100 (Officer Assignment Policies, Details, and Transfers), 10 January 2006.
o. AR 614-200 (Enlisted Assignments and Utilization Management), 29 November
2017.
p. Memorandum, Secretary of the Army, 28 May 2016, subject: Ensuring the Quality of
Sexual Assault Response Coordinators, Sexual Assault Prevention and Response
Army Directive 2018-16 2
Victim Advocates and Others in Identified Positions of Significant Trust and Authority,
28 May 2013.
q. Memorandum, Secretary of the Army, 12 Feb 2014, subject as above.
r. Memorandum, Secretary of the Army, 17 Jun 16, subject: Exception to Policy
Request for Delegation of Waiver and Removal Authority Pursuant to ALARACT
188/2014, 17 June 2016.
s. Memorandum, Secretary of the Army, 18 Jul 16, subject: Reassigning Positions of
Significant Trust and Authority Removal and Waiver Authorities for Recruiters, Drill
Sergeants, and Training and Doctrine Command Advanced Individual Training Platoon
Sergeants, 18 July 2016.
t. Memorandum, Office of the Assistant Secretary of the Army (Manpower and
Reserve Affairs), 27 Sep 13, subject: Guidance for Civilian Sexual Harassment/Assault
Response and Prevention (SHARP) Program Positions.
u. Headquarters, Department of the Army (HQDA) Execution Order (EXORD) 221-12,
25 Jun 2012, 2012 Sexual Harassment/Assault Response and Prevention (SHARP)
Program Synchronization Order.
v. Fragmentary Order 4 to HQDA EXORD 221-12, 27 Dec 2013, subject: 2012 Sexual
Harassment/Assault Response and Prevention (SHARP) Program Synchronization
Order (All Army Activities (ALARACT) 337/13).
w. HQDA EXORD 161-13, 10 Jun 2013, subject: Sexual Harassment/Assault
Response and Prevention (SHARP) Program Army Stand-Down (ALARACT 147/13).
x. HQDA EXORD 193-14, 26 July 2014, subject: Screening of Sexual
Harassment/Assault Response and Prevention Program Personnel and Others in
Identified Positions of Significant Trust (ALARACT 188/2014).
y. ALARACT 032-18, 2 May 18, subject: Clarifying Guidance on Screening For
Positions of Significant Trust and Authority,.
Army Directive 2018-16 Enclosure 2
RESPONSIBILITIES
1. The Army Deputy Chief of Staff (DCS), G-1 will:
a. oversee the screening process to ensure compliance with all laws, regulations
and policies.
b. distribute the format for the quarterly consolidated approved suitability appeals
report within 30 days of the publication of this directive.
2. The Commander, U.S. Army Human Resources Command (HRC) will:
a. conduct centralized screening for all current and nominated Regular Army (RA)
and U.S. Army Reserve (USAR) SHARP professionals (both full-time and collateral
duty). Provide the findings to requesting Army Commands (ACOMs), Army Service
Component Commands (ASCCs), and Direct Reporting Units (DRUs) and the SHARP
Program Office.
b. conduct centralized screening for all nominated RA and USAR training and
recruiting cadre. Ensure the medical records reviews are completed during the local
screening process of training and recruiting cadre.
c. release summaries of screening results to the appropriate approval or removal
authority, who may use it only to determine suitability for the designated position.
Disqualification from a designated position is not an independent basis for disciplinary
action.
3. The Army Inspector General will:
a. conduct screening for current and nominated SHARP professionals and training
and recruiting cadre upon the request of HRC or the Army National Guard (ARNG).
b. release summaries of screening results to HRC or Chief, National Guard Bureau,
as appropriate.
c. ensure that field and local inspectors general do not conduct local suitability
screenings or release adverse information in accordance with the references. Field and
local inspectors general should direct all questions and requests for screening actions to
the Chief, Department of the Army Inspector General Records Screening and Oversight
Office, (703) 545-1859 or 4539.
Army Directive 2018-16 2
4. The Chief, National Guard Bureau will:
a. conduct and ensure the completion of local and centralized screening of all
ARNG/Army National Guard of the United States (ARNGUS) personnel serving in or
nominated for designated positions. See enclosure 3 for a list of required screening.
b. ensure that the Soldier has a current Periodic Health Assessment and all medical
records are reviewed to ensure the Soldier is medically fit for assignment to the position.
c. provide a quarterly consolidated report of approved suitability appeals to the
Office of the Army DCS, G-1 Suitability Division.
d. ensure the suitability screening process is included in the Organizational
Inspection Program.
e. release summaries of screening results to the appropriate approval or removal
authority, who may use it only to determine suitability for the designated position.
Disqualification from a designated position is not an independent basis for disciplinary
action.
5. The Commander, U.S. Army Reserve Command will:
a. complete local screening and request centralized screening of all USAR training
cadre and SHARP professionals.
b. ensure that the Soldier has a current Periodic Health Assessment and all medical
records are reviewed to make sure the Soldier is medically fit for assignment to the
position.
c. provide a quarterly consolidated report of approved suitability appeals to the
Office of the DCS, G-1 Army Suitability Division.
d. ensure the suitability screening process is included in the Organizational
Inspection Program.
e. release summaries of screening results to the appropriate approval or removal
authority, who may use it only to determine suitability for the designated position.
Disqualification from a designated position is not an independent basis for disciplinary
action.
6. The Commanders of ACOMs, ASCCs, and DRUs will:
a. complete local screening and request centralized screening of SHARP
professionals.
Army Directive 2018-16 3
b. ensure that the Soldier has a current Periodic Health Assessment and all medical
records are reviewed to make sure the Soldier is medically fit for assignment to the
position.
c. ensure the assignment of SHARP Program Managers (PMs).
d. ensure the assignment of a collateral duty SHARP professional at the battalion
(or equivalent) level. Units and organizations will maintain the current authorizations for
full-time Sexual Assault Response Coordinators (SARCs) and SHARP Victim
Advocates (VAs) at the brigade (or equivalent) level.
e. authorize company-level VAs for exceptional situations, such as geographic
dispersion or large units.
f. provide a quarterly consolidated report of approved suitability appeals to the
Office of the DCS, G-1 Army Suitability Division.
g. ensure the suitability screening process is included in the Organizational
Inspection Program.
h. release summaries of screening results to the appropriate approval or removal
authority, who may use it only to determine suitability for the designated position.
Disqualification from a designated position is not an independent basis for disciplinary
action.
7. The Commander, U.S. Army Training and Doctrine Command (TRADOC) will also
complete local screening and request centralized screening of all recruiting cadre
(including USAR recruiting cadre).
8. The Commander, U.S. Army Medical Command (MEDCOM) will:
a. ensure the Soldier has a current Periodic Health Assessment and all medical
records are reviewed to make sure the Soldier is medically fit for assignment to the
position.
b. ensure medical records reviews are conducted by independently credentialed
health providers for Soldiers serving in or nominated for designated positions.
9. The Commander, U.S. Army Installation Management Command will ensure that
Army Substance Abuse Program (ASAP) records are screened for Soldiers serving in or
nominated for designated positions.
a. Upon the request of units or the ARNG, conduct ASAP reviews for personnel
serving in or nominated for designated positions assigned to the installation or in the
installation’s area of responsibility.
Army Directive 2018-16 4
b. The program official should provide the requesting unit representative with one of
the following four answers: no positive tests, one positive test more than 5 years ago,
one positive test in the past 5 years, or multiple positive tests.
c. The confidentiality of ASAP information will be maintained in accordance with
reference l and provided only to individuals within the Army who have an official need to
know.
10. The Commander, U.S. Army Criminal Investigation Command/U.S. Army Crime
Records Center will:
a. conduct military criminal records checks for military personnel serving in or
nominated for designated positions at the request of HRC or the Chief, National Guard
Bureau.
b. release results of military criminal background checks for current and nominated
RA/USAR training and recruiting cadre to HRC. For current training and recruiting
cadre, HRC may release the results to the appropriate appointing/approval authorities.
c. release results of military criminal background checks for ARNG/ARNGUS
personnel to the Chief, National Guard Bureau.
d. release results of military criminal background checks for current and nominated
SHARP professionals to HRC. HRC may release the results to the appropriate
appointing/approval authorities, who may use them only to determine suitability for duty
as a SHARP professional. Disqualification from a designated position is not an
independent basis for disciplinary action.
Army Directive 2018-16 Enclosure 3
SCREENING MATRIX
Screening Criteria
SHARP SARC/VA/PM
Recruiting Cadre Training CadreFull-Time Collateral Duty
Minimum Rank Unit Unit N/A N/A
Deployable Unit Unit N/A N/A
Recommendation
Letter Unit Unit N/A N/A
NACLC/Tier 3
Investigation
Unit Unit HRC HRC
ASAP RA/USAR: Unit
ARNG
RA/USAR: Unit
ARNG
RA/USAR: Unit
ARNG
RA/USAR: Unit
ARNG
National Sex
Offender Public
Website
Unit Unit Unit Unit
Medical Records
Review
Unit (RA and AGR
Only)
N/A Unit Unit
OMPF incl. R-Fiche
Review
RA/USAR: HRC
ARNG
RA/USAR: HRC
ARNG
RA/USAR: HRC
ARNG
RA/USAR: HRC
ARNG
Inspector General
Files
RA/USAR: HRC
ARNG
RA/USAR: HRC
ARNG
RA/USAR: HRC
ARNG
RA/USAR: HRC
ARNG
CID/CRC
Databases
RA/USAR: HRC
ARNG
RA/USAR: HRC
ARNG
RA/USAR: N/A*
ARNG
RA/USAR: N/A*
ARNG
DoD Central
Adjudication
Facility
N/A N/A RA/USAR: HRC
ARNG: N/A
RA/USAR: HRC
ARNG: N/A
* Checks performed at DoD Consolidated Adjudication Facility.
Abbreviations Used:
CRC = Crime Records Center
NACLC = National Agency Check with Local Agency Check and Credit
OMPF = Official Military Personnel File
Army Directive 2018-16 Enclosure 4
AUTHORITY MATRIX FOR TYPE II OFFENSES
Appointing
Authority
Removal
Authority Approval Authority Appeal Authority
SHARP SARCs
and PMs
(RA/USAR)
GO/SES BDE CDR or
O-6 Equivalent
Automatically
Disqualifying
First 3-Star GO in
Chain of Command
Full-Time SHARP
VAs (RA/USAR)
BDE CDR or
O-6 Equivalent
BDE CDR or
O-6 Equivalent
Automatically
Disqualifying
First 3-Star GO in
Chain of Command
Collateral Duty
SHARP SARCs
and VAs
(RA/USAR)
BDE CDR or
O-6 Equivalent
BDE CDR or
O-6 Equivalent
Automatically
Disqualifying
First 3-Star GO in
Chain of Command
Full-Time SHARP
SARCs, VAs, and
PMs (ARNG)
State Adjutant
General
BDE CDR or
O-6 Equivalent
Automatically
Disqualifying
Chief, National Guard
Bureau
Collateral Duty
SHARP SARCs
and VAs (ARNG)
BDE CDR or
O-6 Equivalent
BDE CDR or
O-6 Equivalent
Automatically
Disqualifying
State Adjutant
General
Recruiting Cadre
(RA/USAR)
BDE CDR or
O-6 Equivalent
Initial:* N/A
Current:**
BDE CDR or
O-6 Equivalent
Automatically
Disqualifying
Initial:* CG, HRC***
Current:** DCG,
TRADOC or CG,
MEDCOM
Recruiting Cadre
(ARNG)
State Adjutant
General
BDE CDR or
O-6 Equivalent
Automatically
Disqualifying
Chief, National Guard
Bureau
Training Cadre
(RA/USAR)
Training Cadre
(TRADOC and
MEDCOM)
BDE CDR or
O-6 Equivalent
Initial:* N/A
Current:**
BDE CDR or
O-6 Equivalent
Automatically
Disqualifying
Initial:* CG, HRC***
Current:** DCG,
TRADOC, or CG,
MEDCOM
Training Cadre
(ARNG)
State Adjutant
General
BDE CDR or
O-6 Equivalent
Automatically
Disqualifying
Chief, National Guard
Bureau
Notes:
* Initial pre-assignment screening conducted at HRC.
** Current: Soldier currently serving in a position when an offense occurs.
*** Authorities for initial assignment of RA/USAR training and recruiting cadre.
Abbreviations Used:
BDE = Brigade DCG = Deputy Commanding General
CDR = Commander GO = General Officer
CG = Commanding General SES = Senior Executive Service
Army Directive 2018-16 2
AUTHORITY MATRIX FOR TYPE III OFFENSES
Appointing
Authority
Removal
Authority Approval Authority Appeal Authority
SHARP SARC
and PMs
(RA/USAR)
First GO/SES
in Chain of
Command/
Supervision
BDE CDR or
O-6 Equivalent
First 2-Star GO in Chain of
Command
First 3-Star GO in
Chain of Command
Full-Time
SHARP VAs
(RA/USAR)
BDE CDR or
O-6 Equivalent
BDE CDR or
O-6 Equivalent
First 2-Star GO in Chain of
Command
First 3-Star GO in
Chain of Command
Collateral Duty
SHARP
SARCs, VAs,
and PMs
(RA/USAR)
BDE CDR or
O-6 Equivalent
BDE CDR or
O-6 Equivalent
First 2-Star GO in Chain of
Command
First 3-Star GO in
Chain of Command
Full-Time
SHARP
SARCs, VAs,
and PMs
(ARNG)
BDE CDR or
O-6 Equivalent
BDE CDR or
O-6 Equivalent
First 1-Star GO in Chain of
Command
State Adjutant
General
Collateral Duty
SHARP SARCs
and VAs
(ARNG)
BDE CDR or
O-6 Equivalent
BDE CDR or
O-6 Equivalent
First 1-Star GO in Chain of
Command
State Adjutant
General
Recruiting
Cadre
(RA/USAR)
Recruiting BDE
CDR or O-6
Equivalent
Initial:* N/A
Current:* BDE
CDR or O-6
Equivalent
Initial:* Chief, Distribution
Div, HRC***
Current:** BDE CDR or
O-6 Equivalent
Initial:* CG, HRC***
Current:** DCG,
TRADOC or CG,
MEDCOM
Recruiting
Cadre (ARNG)
BDE CDR or
O-6 Equivalent
BDE CDR or
O-6 Equivalent
First 1-Star GO in Chain of
Command
State Adjutant
General
Training Cadre
(RA/USAR)
Training Cadre
(TRADOC and
MEDCOM)
Training BDE
CDR or O-6
Equivalent
Initial:* N/A
Current:**
BDE CDR or
O-6 Equivalent
Initial:* Chief Distribution
Div, HRC***
Current:** BDE CDR or
O-6 Equivalent
Initial:* CG, HRC***
Current:** DCG,
TRADOC or CG,
MEDCOM
Training Cadre
(ARNG)
BDE CDR or
O-6 Equivalent
BDE CDR or
O-6 Equivalent
First 1-Star GO in Chain of
Command
State Adjutant
General
Notes:
* Initial pre-assignment screening conducted at HRC.
** Current: Soldier currently serving in a position when an offense occurs.
*** Authorities for initial assignment of RA/USAR training and recruiting cadre.
Army Directive 2018-16 Enclosure 5
SCREENING CRITERIA WORKSHEET
Soldier’s Last name,
First name, MI
Rank: Army installation and unit:
Part 1: Local Screening Requirements for Soldiers
PART 1
Unit/installation completes the following screening
before submitting to ACOM, ASC, or DRU for HRC
screening for Soldiers in designated positions Coordinate
With Go
No
Go
1.1 Minimum Rank Appointing
Authority
1.2 Deployable Appointing
Authority
1.3 Recommendation letter Appointing
Authority
1.4 NACLC/Tier 3 Investigation Appointing
Authority
1.5 National Sex Offender Public Website
(www.nsopw.gov)
Appointing
Authority
1.6 Army Substance Abuse Program (ASAP) ASAP
1.7
Medical Records Review Coordinate
With Unit
Senior
Medical
Officer
Go (Submit to ACOM, ASCC, or DRU for part 2 screening)
No Go (No further action)
Local Screening Completed by: ____________________________________________
Position: _____________________________________________________________
Signature: __________________________________Date:______________________
Army Directive 2018-16 2
Part 2: Human Resources Command Centralized Screening Requirements for
Soldiers. HRC will not provide actual source documents (for example, CID report).
The HRC background screening is limited to need-to-know information, not
source documents. For example: “no finding,” “Type I finding – domestic violence,” or
Type II finding – nondomestic assault.” Specific details and source documents will not
be provided. Background screening results will be secured safely.
SHARP: Before approving the candidate for SHARP training, the ACOM, ASCC, or
DRU SHARP PM will submit via encrypted email the last name, first name, middle
initial, and Social Security number to usarmy.knox.HRC.mbx.epmd-ebss@mail.mil.
Part 2
Submitted by the ACOM, ASCC, or DRU to HRC Centralized
Screening for Soldiers serving in or nominated for designated
positions Go
No
Go
2.1 Army Human Resource Record Fiche Review
2.2 Inspector General Files
2.3 Army Law Enforcement Reporting and Tracking System (ALERTS)
CID/CRC Databases
Go No Go - Not authorized for designated positions
Validated by: _________________________________________________________
Position: _____________________________________________________________
Signature: __________________________________ Date: ____________________
Army Directive 2018-16 Enclosure 6
TYPE I, TYPE II, AND TYPE III REPORTS OF
UNFAVORABLE INFORMATION OR OFFENSES
Type I Offenses (Over the Soldier’s Lifetime):
1. Possessing, distributing, receiving, or viewing child pornography (Article 134 Uniform
Code of Military Justice (UCMJ)).
2. Forcible sodomy or bestiality (Article 125 UCMJ) (Article 120 or 134 after
1 January 2019).
3. Any offense punishable under Article 120, 120a, 120b, and 120c UCMJ
(Articles 120, 120b, 120c, and 130 after 1 January 2019); similar civilian offense (rape,
sexual assault, aggravated sexual contact, abusive sexual contact, stalking, sexual
abuse of a child); or any attempt to commit such acts (Article 88 UCMJ).
4. Prohibited activities with a subject of recruiting efforts, future Soldier, or initial entry
trainee that fall under DoD Instruction 1304.33, enclosure 3, paragraph 1a(1)(a–c).
(Article 93a after 1 January 2019)
5. Domestic violence or child abuse (as defined in DoDI 6495.03 or AR 608-18); violent
crimes; similar civilian offenses; or attempts to commit such acts (Article 88 UCMJ).
6. Previous separation from any Service for any Type I offense listed above.
7. Any conviction that requires an individual to register as a sex offender.
Type II Offenses (Over a Soldier’s Military Career, Including Sister Services):
1. Sexual harassment (Article 92, Article 93, or Article 117 UCMJ).
2. Prostitution or pandering (Article 134 UCMJ).
3. Sexual activity with a subordinate or fraternization of a sexual nature.
4. Conduct in violation of the Army’s policy regarding participation in extremist
organizations or activities or criminal gangs (as defined in AR 600-20, paragraph 4-12).
5. Any special or general court-martial conviction or any civilian criminal felony
conviction (other than a conviction for Type I offenses).
6. Any criminal offense involving a child or children (other than Type I offenses).
Army Directive 2018-16 2
7. Extramarital sexual conduct or inappropriate relationship in violation of AR 600-20,
paragraphs 4-14 or 4-15 (other than sexual activity with a subordinate or fraternization
of a sexual nature).
8. Wrongful broadcast or distribution of intimate visual images (Article 117a UCMJ).
9. Illegal drug use or possession or distribution, including abuse of prescription
medication and synthetic drugs (Article 112a UCMJ).
10. Initial enlistment waivers for derogatory information related to any Type I offense.
11. Type I offenses for which the Soldier was not convicted in a court of law or received
an Article 15 or higher UCMJ action.
12. Alcohol abuse (as defined in AR 600-85).
Type III Offenses (Within the Last 5 Years Unless Otherwise Stated):
1. Relief for cause noncommissioned officer evaluation report or officer evaluation
report while in current grade or in the past 5 years, whichever is longer.
2. Previous separation from any Service for any Type III offense.
3. Initial enlistment waivers for derogatory information (not related to an offense listed
under Type II).
4. Assault (other than categories listed under Type I).
5. Larceny, fraud, or robbery (Articles 121, 122, and 132 UCMJ).
6. Burglary (Article 129).
7. Prohibited activities with a subject of recruiting efforts, future Soldier, or initial entry
trainee that fall under DoDI 1304.33, enclosure 3, paragraph 1a(1)(d-n).
Administrative Reports That Prevent Initial Appointment to These Positions:
1. Soldiers who are flagged, barred from reenlistment, or coded with any administrative
information indicating legal investigation is underway are prohibited from initial
appointment to these positions until the flag, bar, or code is removed.
2. Soldiers pending determination by a Medical Evaluation Board, Physical Evaluation
Board, or Military Occupational Specialty Administrative Retention Review process are
Army Directive 2018-16 3
not eligible for appointment as training or recruiting cadre or SHARP professionals
unless found fit for continued duty.
3. Soldiers with a current revoked, denied, or suspended security clearance, who failed
to attain or maintain a favorable NACLC, tier 3 investigation or higher, are not eligible
for appointment to these positions.
Army Directive 2018-16 Enclosure 7
PROCEDURES
Suspension and Removal Process
1. The removal authority listed in enclosure 4 will give written notice to a Soldier whose
service in a designated position is in jeopardy because of adverse information. The
written notice must explain the basis for the proposed suspension or removal; the
Soldier’s right to consult with military counsel or civilian counsel (at the Soldier’s own
expense); the Soldier’s right to request an adjudication and/or appeal an unfavorable
adjudication, if authorized; and the Soldier’s right to submit matters in defense,
extenuation, or mitigation. The removal authority must also provide the Soldier with a
copy of the disqualifying information (or the name and address of the agency that
reported the disqualifying information) and removal notice of his or her additional skill
identifier (ASI).
2. The removal authority must immediately suspend and temporarily reassign a Soldier
serving in a designated position upon notification that the Soldier is under investigation
for a Type I, II, or III offense, or upon notification of adverse information that the Soldier
has committed an offense listed in enclosure 6.
3. The commander must flag Soldiers under investigation, pursuant to reference i, and
monitor the investigation until it is complete.
4. Before suspending or removing enlisted training cadre from their positions,
commanders must comply with the requirements of reference o.
5. Before suspending or removing enlisted recruiting cadre from their positions,
commanders must comply with the requirements of reference m.
6. For SHARP professionals, the removal authority must coordinate with the SHARP
PM, who will also coordinate with the HQDA SHARP PM, to ensure the Soldier’s
Defense Sexual Assault Advocate Certification Program certification and ASI are
suspended or removed, as appropriate.
7. Soldiers may dispute incorrect information by following the process outlined in
paragraph 2 of this enclosure.
8. If the investigation result is unsubstantiated, the commander must notify the removal
authority to lift the suspension and reinstate the Soldier to the designated position.
SHARP professionals will need to work with their SHARP PM, who will also coordinate
with the HQDA SHARP PM, to apply for reinstatement of their certification and ASI.
9. If the investigation result is substantiated for a Type I, II, or III offense, or if the
commander receives adverse information that the Soldier has committed an offense
Army Directive 2018-16 2
listed in enclosure 6, the commander must provide the disqualifying information to the
removal authority listed in enclosure 4.
10. Soldiers who wish to seek reconsideration by the appeal authority must follow the
procedures in paragraph 2 of this enclosure.
11. The removal authority will remove a Soldier from a designated position based upon
a Type I offense. If the removal authority believes a Soldier who has committed a
Type II or III offense should be retained in a designated position, the removal authority
must submit a recommendation to the appeal authority for a decision, along with any
matters the Soldier submitted in defense, extenuation, or mitigation.
12. The removal or appeal authority, as appropriate, must document a decision to
remove a Soldier from a designated position in a memorandum for record (MFR). For
RA and USAR training and recruiting cadre, the removal or appeal authority, as
appropriate, must forward a copy of the MFR to HRC at usarmy.knox.hrc.mbx.epmd-
ebss@mail.mil. HRC will file a copy of the MFR in the performance folder of the Army
Military Human Resource Record (AMHRR). For ARNG recruiting cadre, the removal
authority must forward a copy of the MFR to the Chief, National Guard Bureau.
13. The removal or appeal authority, as appropriate, must forward a copy of the MFR
removing a SHARP Program SARC, VA, or PM to the ACOM, ASCC, or DRU SHARP
PM, who will coordinate with the SHARP Program Office to suspend or revoke the
Soldier’s credentials and coordinate with HRC (or through ARNG) for removal of ASI
1B/1H and the associated stabilization code. HRC will add coding to restrict the
individual from being appointed to designated positions in the future.
Approval and Appeal Process
1. Soldiers who are disqualified because of adverse information of a Type I offense
may not appeal the disqualification. A Type I offense that does not result in a criminal
conviction or a finding of guilty in a field grade Article 15 UCMJ proceeding will be
treated as a Type II offense.
2. Soldiers who are disqualified because of adverse information of a Type II offense
may submit an appeal to the appeal authority.
3. Soldiers who are disqualified because of adverse information of a Type III offense
may request an adjudication from the approval authority to serve in the position. If the
approval authority denies the request, the Soldier may submit an appeal to the appeal
authority.
4. Soldiers have 14 calendar days from notification to submit a memorandum
requesting an adjudication or an appeal. Soldiers will submit their request through their
chain of command to the approval/appeal authority.
Army Directive 2018-16 3
5. Soldiers have 45 calendar days from notification to submit documents in defense,
extenuation, or mitigation. Such documents will be submitted through their chain of
command to the approval/appeal authority.
6. Commanders may grant extensions in cases where Soldiers are attempting to
provide documentation, but are unable to meet the timeline because of factors beyond
their control. If granted, extensions and the reasons for the extension will be
documented in a memorandum and submitted to the approval/appeal authority.
7. The approval/appeal authority must make a recommendation regarding an
adjudication request within 45 calendar days after receiving the Soldier’s information in
defense, extenuation, or mitigation.
8. If an approval or appeal is granted for a currently serving member of the training and
recruiting cadre, the approval/appeal authority, as appropriate, will sign an MFR stating
the rationale for the approval and why the Soldier is still suited to serve in that position.
For RA and USAR training and recruiting cadre, the unit will submit a copy of the MFR
to the appropriate higher command and then to HRC at usarmy.knox.hrc.mbx.epmd-
ebss@mail.mil. HRC will file a copy of the MFR in the performance folder of the
AMHRR. For ARNG recruiting cadre, the unit must submit a copy of the MFR to the
Chief, National Guard Bureau. The unit must retain the signed approval/appeal MFR for
the duration of the Soldier’s assignment to that position.
9. If an approval or appeal is granted for a currently serving SHARP professional, the
approval/appeal authority must sign an MFR stating the rationale for the approval and
why the Soldier is still best suited to serve in that position. The unit must submit a copy
of the MFR to HRC at usarmy.knox.hrc.mbx.epmd-ebss@mail.mil for RA and USAR
SHARP professionals, and to the Chief, National Guard Bureau for ARNG SHARP
professionals. HRC and ARNG, as appropriate, will notify the HQDA SHARP Program
Office. HRC will file a copy of the MFR in the performance folder of the AMHRR. The
unit will retain the signed MFR for the duration of the Soldier’s assignment to the
position.
10. Approvals and appeals will only be granted in exceptional circumstances, when the
approval/appeal authority determines that, despite the disqualifying information, the
Soldier requesting the adjudication or submitting the appeal is best qualified to serve in
the position. Approvals/appeals will not be granted if the disqualifying information calls
into question the character, conduct, or personal integrity of the Soldier requesting the
adjudication.
11. All decisions made by the appeal authority are final.