MARADMIN 466/26
IMPLEMENTATION GUIDANCE FOR MILITARY EQUAL OPPORTUNITY REFORM INITIATIVES
R 291803Z SEP 26 MARADMIN 466/26 MSGID/GENADMIN/CMC WASHINGTON DC MRA// SUBJ/IMPLEMENTATION GUIDANCE FOR MILITARY EQUAL OPPORTUNITY REFORM INITIATIVES// REF/A/MSGID:DOC/OSW/20260618// REF/B/MSGID:DOC/OSW/20250930// REF/C/MSGID:DOC/DOW/20221222// REF/D/MSGID:DOC/DOW/20251210// REF/E/MSGID:DOC/CMC/20250411// REF/F/MSGID:MSG/SECNAV/R0171759ZAUG26// NARR/REF (A) IS THE UNDER SECRETARY OF WAR FOR PERSONNEL AND READINESS MEMORANDUM, MILITARY EQUAL OPPORTUNITY AND HARASSMENT POLICY. REF (B) IS THE SECRETARY OF WAR MEMORANDUM, IMPLEMENTATION OF MILITARY EQUAL OPPORTUNITY AND EQUAL EMPLOYMENT OPPORTUNITY REFORM PLAN. REF (C) IS DOWI 1350.02, MILITARY EQUAL OPPORTUNITY PROGRAM. REF (D) IS DOWI 1020.03, HARASSMENT PREVENTION AND RESPONSE IN THE ARMED FORCES. REF (E) IS MCO 5354.1G, PROHIBITED ACTIVITIES AND CONDUCT. REF (F) IS ALNAV 048/26, IMPLEMENTATION GUIDANCE FOR MILITARY EQUAL OPPORTUNITY REFORM INITIATIVES.// POC/B. CARTER/COL/MPE/TEL:(703)784-6276/ EMAIL: [email protected]// POC/R. SMITH/MGYSGT/MPE/TEL:(703)432-9164/ EMAIL: [email protected]// POC/J. MORALES/GS-13/MPE/TEL:(703)784-0533/ EMAIL: [email protected]// GENTEXT/REMARKS/1. Purpose. This MARADMIN provides immediate implementation guidance for the Marine Corps Military Equal Opportunity (MEO) program reforms directed by reference (a) pending revision of reference (e). 2. Confidential Reporting. 2.a.Effective immediately, the Marine Corps establishes a confidential reporting option for allegations of prohibited discrimination and harassment. 2.b. A confidential complaint of prohibited discrimination or harassment allows a Marine or Sailor to receive appropriate services, and to disclose Personally Identifiable Information (PII) to an EOA without initiating an informal or formal MEO complaint via NAVMC 11512 or Manpower Equal Opportunity Branch (MPE) approved form. 2.b.1. Equal Opportunity Advisors (EOAs) are the only personnel authorized to process confidential MEO complaints. 2.b.2. A confidential complaint shall remain open for up to 60 calendar days and may be converted to an informal or formal MEO complaint at any time during that period. 2.b.3. The complaint must be closed on the 61st day, if not converted. 2.c. Confidential reports[IEO1.1] shall not result in command notification, inquiry, or investigation unless: 2.c.1. The Marine or Sailor making the complaint provides a written consent to waive confidentiality; 2.c.2. The complaint reveals a clear and present risk to health or safety of any person[IEO2.1]; 2.c.3. The complaint reveals intent to commit a future crime or fraud; 2.c.4. Disclosure is required by federal law, state law, or Department of War (DoW) policy. 2.c.5. A military judge or federal court orders disclosure. 3. Anonymous complaints.[IEO3.1] 3.a. Anonymous allegations of prohibited discrimination or discriminatory harassment will not be processed as MEO complaints via NAVMC 11512 or MPE approved form. 3.b. Commanders may still take appropriate action based upon information received through anonymous sources. 3.c. Anonymous complaints of harassment, hazing, bullying, and sexual harassment will continue to follow the MEO policy, per reference (f) [IEO4.1]. 4. Alternative dispute resolution[IEO5.1] (ADR). Hereafter referred to as conflict resolution.[IEO6.1] 4.a. Where feasible, conflict resolution shall be offered before filing an informal or formal complaint, as a means of quickly and appropriately resolving MEO related concerns before they escalate to an official MEO complaint. 4.b. If a service member opts out of conflict resolution or if the process does not resolve the issue, the MEO complaint resolution process may be initiated or resumed prior to the completion of any command inquiry or investigation. 4.c. Participation in conflict resolution is voluntary by both parties. 5. Dismissal of formal complaints. 5.a. Commanders may dismiss a formal MEO complaint without investigation after consultation with the command EOA and staff judge advocate when: 5.a.1. The complaint was filed more than 60 calendar days following the most recent incident, 120 calendar days following the most recent incident in the case of a Reserve member. 5.a.2. The allegation does not fall within the scope of MEO policy; 5.a.3. The complaint lacks sufficient or actionable information; 5.a.4. The matter has been resolved through conflict resolution or other informal means[IEO7.1]; 5.a.5. The complainant requests withdrawal; 5.a.6. The complainant fails to respond to requests for information; 5.a.7. The complaint is duplicative; 5.a.8. The complaint is determined to constitute a false official statement in violation of Article 107, Uniform Code of Military Justice (UCMJ). 5.b. EOAs shall forward formal complaints to the appropriate commander within five calendar days of receipt. 5.c. Commanders shall determine whether a complaint will be dismissed within 30 calendar days of receipt. 5.d. Complainants shall be notified in writing of a dismissal decision within seven calendar days of the commander’s determination. 6. Appeals. 6.a. Complainants may appeal a dismissal decision to the next higher commander with General Court Martial Convening Authority within five calendar days of the written determination per reference (a). 6.b. Appeal procedures will be incorporated into the next revision of reference (e). 7. Favorable personnel actions. Commanders shall ensure favorable personnel actions previously delayed due to a MEO complaint are resumed or completed within seven calendar days of a complaint being dismissed or found unsubstantiated. 8. False Official Statements. False official statements may constitute a violation of article 107, UCMJ. 9. Updated definitions of harassment, bullying and hazing in accordance with reference (a). 9.a. Harassment is conduct by a Service member or civilian employee, without a legitimate military or governmental purpose, that would be unwelcome or offensive to a reasonable person in the military environment, whether delivered verbally or nonverbally, including by written or electronic means, or in-person, that creates an intimidating, humiliating, or abusive environment. 9.b. Bullying is a form of harassment that involves repetitive, intentional hurtful conduct by an individual or a group, which intimidates, humiliates, torments, isolates, degrades, exploits, controls, or creates a risk of mental, physical, or emotional distress or harm. 9.c. Hazing is a form of harassment that involves intentional or reckless conduct by an individual or group, which humiliates, degrades, or creates mental, physical, or psychological injury or harm, or reasonably perceived as such, directly related to the affected Service member’s affiliation, entry, advancement, reinstatement, change in status or position, or continued standing within a military unit, command, or DoW or military affiliated organizations regardless of whether the affected Service member consented to the activity. 10. Reporting requirements. 10.a. Major subordinate commands shall identify implementation gaps and provide status of compliance through their appointed EOA upon request by Manpower Equal Opportunity Branch (MPE), Manpower Plans and Policy Division (MP). Correspondence from the EOA to MPE Branch will be sent to the following organizational mailbox: [email protected]. 10.b. Headquarters Marine Corps will provide implementation certification to the Office of the Secretary of War in accordance with reference (a). 11. This MARADMIN remains in effect until incorporated into MCO 5354.1H. 12. Release authorized by Lieutenant General William J. Bowers, Deputy Commandant for Manpower and Reserve Affairs.//