https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN34700-ARMY_DIR_2022-04-000-WEB-1.pdf
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: Army Directive 2022-04 (Sexual Assault Line of Duty Determinations
and Reporting)
1. References.
a. Title 10, U.S. Code, section 1203 (Regulars and members on active duty for
more than 30 days: separation)
b. Department of Defense (DoD) Instruction 1241.01 (Reserve Component (RC)
Line of Duty Determination for Medical and Dental Treatments and Incapacitation Pay
Entitlements), 19 April 2016
c. DoD Instruction 6310.09 (Health Care Management for Patients Associated with
a Sexual Assault), 7 May 2019
d. DoD Instruction 6495.02 (Sexual Assault Prevention and Response Program
Procedures), Volume 1, 28 March 2013, incorporating Change 5, effective 9 April 2021
e. Army Regulation (AR) 600–8–4 (Line of Duty Policy, Procedures, and
Investigations), 12 November 2020
f. AR 600–20 (Army Command Policy), 24 July 2020
2. Purpose. To prescribe policy for processing sexual assault Line of Duty (LOD)
requests to ensure privacy and protection of victims’ sensitive information, to ensure
there is no delay in providing care and treatment for sexual assault victims, and to
establish transparency and timelines for the completion of all LOD requests and
determinations.
3. Applicability. The provisions of this directive apply to the Regular Army, Army
National Guard/Army National Guard of the United States, and U.S. Army Reserve.
4. Background. The guidance for processing Sexual Assault LOD requests is not
clearly prescribed. This directive provides specific guidance for processing LODs for
both Restricted and Unrestricted Reports of sexual assault and ensures that sensitive
information pertaining to complaints of sexual assault is protected.
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 2022-04 (Sexual Assault Line of Duty Determinations
and Reporting)
2
5. Policy.
a. Initial care and treatment of victims of sexual assault will be available and
conducted by a qualified medical provider and obtained without limitations of an LOD
determination. Care will be consistent with established community standards pursuant
to reference 1c.
b. Sexual Assault LOD Requests. When a victim of sexual assault develops a
condition of lasting significance and requires continued treatment while not in an active
duty status, an LOD determination is required. All sexual assault LOD requests will be
initiated by the Sexual Assault Response Coordinator (SARC) pursuant to reference 1e.
(1) The SARC will complete the Department of the Army (DA) Form 2173
(Statement of Medical Examination and Duty Status), using the medical records
provided by the victim, and upload the following documentation into the electronic
Medical Management Personnel System (eMMPS):
(a) completed DA Form 2173, including the International Classification
Disease (ICD) 10 code and basic information
(b) duty status documentation identifying when the sexual assault occurred
(c) medical and/or mental healthcare treatment plan
(d) any other substantiating documentation that may exist (such as an expert
medical opinion addressing progression or aggravation)
(2) All sexual assault LOD requests will be submitted directly to the Component
Approval Authority by the SARC through the eMMPS. The Chief of the National Guard
Bureau and Chief of Army Reserve will designate individuals within their respective
organizations to process LODs for victims of sexual assault. Designated individuals will
possess the maturity and experience to assist in sensitive situations, will have sexual
assault prevention and response training, and will be responsible for safeguarding
confidential communications and preserving Soldier privacy.
(3) LOD determinations where the underlying event is a sexual assault, which
occurs in a qualifying duty status and results in a condition of lasting significance, will be
made using the informal LOD process pursuant to reference 1e.
(a) If a Soldier does not provide documentation requested by the SARC within
90 days of the LOD request creation, the SARC will create a memorandum for record
SUBJECT: Army Directive 2022-04 (Sexual Assault Line of Duty Determinations
and Reporting)
3
for the Soldier explaining the documentation required to complete a LOD determination.
The case will be administratively closed (not deleted). If the information is subsequently
provided, the SARC will reopen the case and complete the LOD request.
(b) If the approval authority determines the request is Not in the Line of
Duty (NLD), a standard non-eligible for LOD memorandum will be completed and
uploaded into the eMMPS. This will allow the Soldier to appeal pursuant to reference 1e.
(c) Appellate Authority. The Deputy Assistant Secretary of the Army (Military
Personnel) is the appellate authority for all sexual assault LOD determinations found
NLD. The appeal will be sent through the approval authority, who may change the
previous determination of NLD to In Line of Duty, if warranted. If the approval authority
determines there is no basis to change the determination, that decision will be
documented in the endorsement, and the appeal will be sent for final review and
determination under a de novo standard of review. Appeals will be sent via the eMMPS to
the Office of the Deputy Chief of Staff, G-1, ATTN: Army Resilience Directorate, SHARP
Division, SHARP Program Management and Report Branch, DAPE-AR (690–8–4),
300 Army Pentagon, Washington DC 20310-0300. The SHARP Program Management
Branch will administratively process the appeals, provide recommendation, and forward
them to DASA-MP for final decision.
(d) Regular Army units will complete all formal LOD determinations (including
those for non-sexual assault cases) within 180 days from the date of injury, illness,
diagnosis of disease, or death, or from date of the incident absent special
circumstances. Special circumstances are those that predate the 180-day period (for
example, latent onset symptoms of a behavioral health disorder and sexual assault-
related incidents). Regular Army units will still be required to complete informal LOD
investigations in 60 days, pursuant to reference 1e.
(e) 30-day Updates. Commanders will provide detailed updates on all LOD
investigations/determinations (including those for non-sexual assault cases) every
30 days to their servicing Casualty Assistance Center as well as their ACOM or Army
service component command (ASCC). The ACOMs and ASCCs have the responsibility
of ensuring their subordinate units are providing detailed and timely updates and
complete LOD determinations within prescribed timelines. The Chief, National Guard
Bureau will ensure that the relevant State adjutant general is included in the National
Guard Bureau 30-day update distribution. The Chief of Army Reserve will be included in
the U.S. Army Reserve Command 30-day update distribution.
(4) If an RC Soldier on active duty orders, assigned to a Component 1
(COMPO 1) SARC, requires continued treatment and is subsequently released from
SUBJECT: Army Directive 2022-04 (Sexual Assault Line of Duty Determinations
and Reporting)
4
active duty (REFRAD), the losing COMPO 1 SARC will transfer the case to a COMPO 2/3
SARC with written consent from the victim, documented on the DD Form 2910–1. The
losing SARC will ensure that the gaining SARC receives a completed DA Form 2173 and
required documentation to submit the LOD request, pursuant to this directive, within
30 days of REFRAD. The gaining COMPO 2/3 SARC will be responsible to submit the
LOD request in the eMMPS to ensure the RC Soldier does not have a delay in ongoing
treatment after REFRAD.
6. Procedures to implement this policy will be included in applicable Army Sexual
Harassment/Assault Response and Prevention (SHARP) training within 120 days from
the date of this directive. Units will begin providing LOD status reports to their ACOM or
ASCC within 30 days from the date of this directive.
7. Proponent. The Assistant Secretary of the Army (Manpower and Reserve Affairs) is
the proponent for this policy and will issue implementing guidance. The Deputy Chief of
Staff, G-1 will incorporate the provisions of this directive into AR 600–8–4 and
AR 600–20 or a new SHARP regulation within 2 years of the date of this directive.
8. Duration. This directive is rescinded on publication of the revised regulations.
Christine E. Wormuth
DISTRIBUTION:
Principal Officials of Headquarters, Department of the Army
Commander
U.S. Army Forces Command
U.S. Army Training and Doctrine Command
U.S. Army Materiel Command
U.S. Army Futures Command
U.S. Army Pacific
U.S. Army Europe and Africa
U.S. Army Central
U.S. Army North
U.S. Army South
U.S. Army Special Operations Command
Military Surface Deployment and Distribution Command
U.S. Army Space and Missile Defense Command/Army Strategic Command
(CONT)
SUBJECT: Army Directive 2022-04 (Sexual Assault Line of Duty Determinations
and Reporting)
5
DISTRIBUTION: (CONT)
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
U.S. Army Military District of Washington
U.S. Army Test and Evaluation Command
U.S. Army Human Resources Command
Superintendent, U.S. 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 of Business Transformation
Commander, Eighth Army