Department of Defense
INSTRUCTION
NUMBER 1325.07
March 11, 2013
Incorporating Change 4, August 19, 2020
USD(P&R)
SUBJECT: Administration of Military Correctional Facilities and Clemency and Parole
Authority
References: See Enclosure 1
1. PURPOSE. This instruction:
a. Reissues DoD Instruction (DoDI) 1325.7 (Reference (a)) to implement policy, assign
responsibilities, and prescribe procedures pursuant to DoD Directive (DoDD) 1325.04
(Reference (b)) and in accordance with (IAW) the authority in DoDD 5124.02 (Reference (c)) to
carry out the administration and operation of military correctional programs and facilities and the
administration and operation of military clemency and parole programs.
b. Implements Section 1565 of Title 10, United States Code (Reference (d) (also known as
“The Justice for All Act of 2004, as amended”), which requires collection of deoxyribonucleic
acid (DNA) samples from each person who is or has been convicted of a qualifying military
offense.
c. Implements Section 40702 of Title 34, United States Code (Reference (e)) (also known as
“The DNA Fingerprint Act of 2005, as amended”), which expands the requirements to take DNA
samples from those who would have fingerprints taken at arrest or similar appropriate stages of
the military law enforcement and investigation process.
d. Revises the offenses for which sex offender notification is required, in accordance with
Section 20901 et seq., of Title 34, United States Code, also known as the “Sex Offender and
Registration Notification Act” (Reference (f)), and adds notification to the United States
Marshals Service Sex Offender Targeting Center in accordance with paragraph 1.2.d. of DoDI
5525.20 (Reference g).
e. Revises established policy on the award of good conduct time (GCT) and abatement time
for other purposes to emphasize performance and affirmative rehabilitative steps taken by
prisoners.
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f. Provides detailed guidance on the use of administrative disciplinary actions to achieve
consistency among all military correctional facilities (MCF).
g. Supersedes and cancels Under Secretary of Defense for Personnel and Readiness
(USD(P&R)) Memorandums (References (h) and (i)).
h. Incorporates and cancels the Mandatory Supervised Release Memorandum of
Understanding (Reference (j).
2. APPLICABILITY. This instruction applies to OSD, the Military Departments, (including the
Coast Guard at all times, including when it is a Service of the Department of Homeland Security
by agreement with that Department) the Office of the Chairman of the Joint Chiefs of Staff and
the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department
of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities
within the DoD (referred to collectively in this instruction as the “DoD Components”).
3. POLICY
a. It is DoD policy that corrections programs operated by the Military Services should strive
to achieve uniformity, effectiveness, and efficiency in the administration of corrections functions
and clemency and supervision programs, IAW Reference (b). Clemency and parole programs
shall be administered by the Military Departments to foster the safe and appropriate release of
military offenders under terms and conditions consistent with the needs of society, the rights and
interests of victims, and the rehabilitation of the prisoner.
b. Waivers to this instruction may be granted by the USD(P&R), and will remain in effect no
longer than for a maximum of 18 months from the date of approval. Such waiver requests shall
provide justification and, where applicable, indicate any measures considered necessary to
compensate for the waived requirement(s). Requests for an exception to the provisions of this
instruction shall be forwarded, via the chain of command, to the Chair, DoD Corrections
Council, Office of the Under Secretary of Defense for Personnel and Readiness, Office of Legal
Policy (OUSD(P&R) LP), for processing to the USD(P&R).
4. RESPONSIBILITIES
a. USD(P&R). The USD(P&R):
(1) Monitors compliance with Reference (b) and this instruction.
(2) Ensures that the DoD Corrections Council makes recommendations on policies and
procedures to promote uniformity, effectiveness, and efficiency in military correctional
programs, including clemency and supervised release programs, and MCF operations.
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b. Secretaries of the Military Departments and Commandant of the Coast Guard. The
Secretaries of the Military Departments and Commandant of the Coast Guard ensure
Departmental compliance with Reference (b) and this instruction.
5. PROCEDURES. See Enclosure 2.
6. INFORMATION COLLECTIONS.
a. Annual Report on Victim and Witness Assistance, DD Form 2706, referred to in Table 7
of Appendix 5 of this instruction has been assigned report control symbol DD-P&R(A)1952
IAW the procedures in Volume 1 of DoD Manual 8910.01 (Reference (k)).
b. Annual Correctional Report, DD Form 2720, referred to in Table 7 of Appendix 5 and
paragraph 3 of Enclosure 3 of this instruction has been assigned report control symbol DD-
P&R(A)2067 IAW the procedures in Reference (k).
7. RELEASABILITY. Cleared for public release. This instruction is available on the
Directives Division Website at http://www.esd.whs.mil/DD.
8. SUMMARY OF CHANGE 4. The changes to this issuance are administrative and are made
in accordance with Directive-type Memorandum-20-003 (Reference (l)). They:
a. Clarify parole procedures for military prisoners transferred to the Federal Bureau of
Prisons (FBOP) following the discontinuation of parole or revocation hearings by the United
States Parole Commission for Service members transferred to the FBOP.
b. Establish the Military Department clemency and parole boards’ (C&PB) authority to
determine the terms and conditions of any clemency, parole, and mandatory supervised release
(MSR) for military prisoners transferred to the FBOP.
c. Update responsibilities for the United States Disciplinary Barracks to coordinate with
FBOP officials for input in making clemency, parole, and MSR reviews, which it will in turn
provide to the Military Departments’ C&PB.
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9. EFFECTIVE DATE. This instruction is effective March 11, 2013.
Enclosures
1. References
2. Procedures
3. Information Requirements
Glossary
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TABLE OF CONTENTS
ENCLOSURE 1: REFERENCES ...................................................................................................7
ENCLOSURE 2: PROCEDURES ..................................................................................................9
GENERAL .................................................................................................................................9
TRANSFER AND INTAKE PROCEDURES ..........................................................................9
SENTENCE COMPUTATION ...............................................................................................10
CLASSIFICATION AND USE OF FACILITIES ..................................................................11
CUSTODY LEVEL CLASSIFICATION FOR LEVEL I AND LEVEL II PRISONERS .....14
CUSTODY LEVEL CLASSIFICATION FOR LEVEL III PRISONERS .............................14
CUSTODY LEVELS ...............................................................................................................15
Maximum Custody.............................................................................................................15
Medium Custody ................................................................................................................15
Minimum Custody .............................................................................................................15
Installation Custody and/or Trusty.....................................................................................15
PRISONER ADMINISTRATION...........................................................................................16
Health and Comfort Supplies .............................................................................................16
Use of Prisoners’ Personal Funds ......................................................................................16
Prisoner Clothing Allowances ...........................................................................................16
Gratuities ............................................................................................................................17
Correspondence and Visits ................................................................................................17
American Red Cross ..........................................................................................................19
BOARDS .................................................................................................................................19
Discipline and Adjustment (D&A) Boards ........................................................................19
Disposition Boards .............................................................................................................19
Classification and Assignment Boards ..............................................................................19
ADMINISTRATIVE CONTROL AND DISCIPLINARY MEASURES ...............................19
PROGRAMS IN MILITARY CORRECTIONAL FACILITIES ............................................21
EXERCISE, MORALE, AND RECREATION ACTIVITIES................................................22
RELIGIOUS ACTIVITIES .....................................................................................................23
MCF STAFFING AND PERSONNEL REQUIREMENTS ...................................................23
TRANSFER TO FEDERAL INSTITUTIONS .......................................................................24
CLEMENCY, PAROLE, MSR, REENLISTMENT, AND RESTORATION TO DUTY .....25
ELIGIBILITY AND PROCEDURES FOR CONSIDERATION FOR CLEMENCY,
RESTORATION, AND REENLISTMENT ......................................................................27
ELIGIBILITY AND PROCEDURES FOR GRANTING PAROLE ......................................30
ELIGIBILITY, PROCEDURES, AND SELECTION OF PRISONERS FOR MSR AT
THEIR MRD ......................................................................................................................32
Eligibility ...........................................................................................................................32
Procedures ..........................................................................................................................32
Criteria ...............................................................................................................................32
Submission Guidelines.......................................................................................................33
Military Department C&PB Responsibilities ....................................................................33
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MCF Responsibilities.........................................................................................................34
RELEASING PROCEDURES FOR SUPERVISED RELEASE (PAROLE OR MSR) ........34
Supervised Release ............................................................................................................34
MCF Responsibilities and General Provisions ..................................................................34
Military Department C&PB Responsibilities ....................................................................37
MONITORING PROCEDURES DURING SUPERVISED RELEASE (PAROLE AND
MSR) ..................................................................................................................................37
MCF Responsibilities.........................................................................................................37
Military Department C&PB Responsibilities ....................................................................37
PROCEDURES FOR REVOKING SUPERVISED RELEASE (PAROLE OR MSR) ..........38
RELEASE PROCEDURES .....................................................................................................41
V/W ASSISTANCE REQUIREMENTS .................................................................................43
DNA COLLECTION AND ANALYSIS REQUIREMENTS ................................................44
DoD FORMS ...........................................................................................................................44
APPENDIXES:
1. OFFENSE SEVERITY SCALE (ALPHABETICAL) UCMJ CODES FOR DoD
USE ..............................................................................................................................45
2. TEMPLATE FOR ACKNOWLEDGEMENT OF MANDATORY SUPERVISED
RELEASE (MSR BRIEFING) ................................................................................... 69
3. ABATEMENT OF SENTENCES TO CONFINEMENT ........................................... 70
4. LISTING OF OFFENSES REQUIRING SEX OFFENDER PROCESSING ............. 79
5. FORMS ........................................................................................................................ 87
ENCLOSURE 3: INFORMATION REQUIREMENTS ............................................................. 89
GLOSSARY ................................................................................................................................. 90
PART I: ABBREVIATIONS AND ACRONYMS ............................................................... 90
PART II: DEFINITIONS ....................................................................................................... 91
TABLES
1. UCMJ Codes For DoD Use ................................................................................................45
2. Old Partial Month Rate of Earning Table ......................................................................... 71
3. Partial Month Rate of Earning Table ................................................................................. 72
4. Offenses Defined before October 1, 2007 ......................................................................... 80
5. Offenses Defined on or after October 1, 2007 and before June 28, 2012.......................... 81
6. Offenses Defined on or after June 28, 2012 ...................................................................... 84
7. DoD Forms ........................................................................................................................ 87
FIGURE
Template for Acknowledgment of Mandatory Supervised Release (MSR) Briefing ............. 69
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ENCLOSURE 1
REFERENCES
(a) DoD Instruction 1325.7, “Administration of Military Correctional Facilities and Clemency
and Parole Authority,” July 17, 2001 (hereby cancelled)
(b) DoD Directive 1325.04, “Confinement of Military Prisoners and Administration of Military
Correctional Programs and Facilities,” August 17, 2001
(c) DoD Directive 5124.02, “Under Secretary of Defense for Personnel and Readiness
(USD(P&R)),” June 23, 2008
(d) Section 1565 of Title 10, United States Code (amended by Section 203(c) of Public Law
108-405 (October 30, 2004), also known as “The Justice for All Act of 2004”
(e) Section 40702 of Title 34, United States Code, also known as “The DNA Fingerprint Act of
2005”, as amended
(f) Section 20901 et seq., of Title 34, United States Code, also known as the “Sex Offender
Registration and Notification Act”
(g) DoD Instruction 5525.20, “Registered Sex Offender (RSO) Management in DoD,”
November 14, 2016
(h) Under Secretary of Defense for Personnel and Readiness Memorandum, “Change to DoD
Policy on Abatement of Sentences to Confinement,” June 23, 2004 (hereby cancelled)
(i) Under Secretary of Defense for Personnel and Readiness Memorandum, “Clarification of
DoD Policy on Abatement of Sentences to Confinement,” September 17, 2004 (hereby
cancelled)
(j) Memorandum of Understanding Among Department of Defense Service Clemency and
Parole Boards and Corrections Headquarters Agencies, “Standardized Procedures for
Management of Supervised Release,” March 2, 2006 (hereby cancelled)
(k) DoD Manual 8910.01, Volume 1, “DoD Information Collections Manual: Procedures for
DoD Internal Information Collections,” June 30, 2014, as amended
(l) Directive-type Memorandum 20-003, “DoD Parole Authority for Service Members
Transferred to Federal Bureau of Prisons Facilities,” August 19, 2020
(m) DoD 1325.7-M, “DoD Sentence Computation Manual,” July 27, 2004, as amended
(n) DoD Instruction 1300.17, “Accommodation of Religious Practices Within the Military
Services,” February 10, 2009, as amended
(o) DoD Instruction 1030.2, “Victim and Witness Assistance Procedures,” June 4, 2004
(p) Manual for Courts-Martial United States, 2012 Edition.
(q) DoD Directive 1030.01, “Victim and Witness Assistance,” April 13, 2004
(r) DoD Instruction 5505.14, “Deoxyribonucleic Acid (DNA) Collection Requirements for
Criminal Investigations, Law Enforcement, Corrections, and Commanders,” December 22,
2015
(s) DoD 7750.07-M, “DoD Forms Management Program Procedures Manual,” May 7, 2008,
as amended
(t) DoD Instruction 7730.47, “Defense Incident-Based Reporting System (DIBRS),”
January 23, 2014
(u) DoD 7730.47-M, “Defense Incident-Based Reporting System (DIBRS): Data Segments and
Elements,” dates vary by volume
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(v) Section 101-11.204 of Title 41, Code of Federal Regulations, “Interagency Reports
Management Program,” July 2002
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ENCLOSURE 2
PROCEDURES
1. GENERAL. The MCF shall be operated to maintain good order, discipline, safety, and
security. Procedures for operating facilities, processing prisoners, and conducting programs shall
be uniform to the maximum extent possible. A prisoner confined in an MCF shall be subject to
the rules of the confining facility regardless of the Service affiliation of the prisoner. The forms
referenced in this instruction or their electronic equivalent shall be used to promote uniformity,
effectiveness, and efficiency in the administration of correctional facilities and of clemency and
supervised release programs.
2. TRANSFER AND INTAKE PROCEDURES
a. A military prisoner’s place of confinement shall be determined by the DoD designation
system or respective Service corrections headquarters.
(1) To facilitate the transfer/intake, confining officials shall complete DD Form 2707,
“Confinement Order.” Transferring commanders will ensure that medications and required
documents accompany the prisoner to assist in risk assessment and appropriate classification of
prisoners, to include:
(a) All reasonably available investigative reports concerning the confining offense(s)
(to include victim and witness statements and investigator’s summary).
(b) Medical records and dental records (hardcopy records do not need to be
transferred with the prisoner when available in electronic databases).
(c) Completed victim/witness forms, report of results of trial, statement of conduct to
include all disciplinary reports received while in confinement, previous confinement records,
court-martial promulgating order, if any, and no contact orders/restrictions.
(d) Permanent change of station orders, military personnel file, Common Access
Card or military identification card, and microfiche/film (restricted file) if so kept and available.
(e) All pending disciplinary actions to be completed and closed, if transferred from
an MCF.
(f) Any documents which indicate whether the prisoner, based on conviction, is
required to register as a sex offender.
(2) If an MCF, including military/security police detention cells, is not reasonably
available, prisoners may be confined in civilian facilities used by the U.S. Marshals Service. If a
facility used or approved by the U.S. Marshals Service is not reasonably available, a military
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prisoner may be transferred to a facility accredited by the American Correctional Association
(ACA) or facility accredited by the State in which the prisoner is to be confined.
(3) Coordination for transfer from one Service’s custody to the facility of another
Service must be made with the Service corrections headquarters of the receiving Service at a
minimum of 48 hours prior to the transfer. Pretrial confinement transfers do not require
48 hours’ notice. After coordination is made, the transferring Service will notify the gaining
MCF and will provide the prisoner’s name, gender, offenses, sentence, assigned escorts, arrival
time and date, and any potential problems or issues.
b. MCF commanders shall establish processing procedures that will ensure maintenance of
good order, discipline, safety, and security of persons and property. DD Form 2710, “Prisoner
Background Summary,” (or computer-generated equivalent) shall be used to facilitate processing
of prisoners placed in MCFs.
c. A prisoner should be promptly transferred to an appropriate facility as soon as the
convening authority has taken action on the sentence. A prisoner may be transferred to an
appropriate facility before the convening authority takes action when required by the needs of the
Service. If properly authorized, a prisoner may be transferred to an appropriate facility or
assigned to an organization to participate in a return-to-duty program.
d. The MCF will coordinate with U.S. Immigration and Customs Enforcement to review
records for possible deportation of a foreign national prisoner whose personnel records do not
clearly indicate that they are U.S. citizens. A foreign national prisoner will be notified of his or
her right to have access, and have access, to diplomatic representatives. MCF commanders shall
forward information on charge(s), final judicial action, and place of confinement to
U.S. Immigration and Customs Enforcement
Office of Detention and Removal Operations
425 I Street, N.W., Suite: 6260
ATTN: DRO/CAP/Military Removal
Washington, DC 20536
Fax: (202) 616-8762, voice telephone (202) 616-8714
3. SENTENCE COMPUTATION
a. Sentence computation shall be calculated IAW DoD 1325.7-M (Reference (m)), for a
prisoner with a sentence adjudged after July 26, 2004, or IAW Service regulations for a prisoner
with a sentence adjudged prior to July 27, 2004.
b. The DD Form 2710-1, “Prisoner Sentence Computation,” or a computer-generated
equivalent, shall be used to compute sentences consistent with the provision of Reference (m) for
a prisoner with a sentence adjudged after July 26, 2004, or Service regulations for a prisoner with
a sentence adjudged prior to July 27, 2004.
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c. Notwithstanding any other provision of this instruction or Reference (m), if a prisoner
(accused) is confined in a non-military facility for a charge or offense for which the prisoner had
been arrested after the commission of the offense for which the military sentence was imposed,
the prisoner (accused) shall receive no credit for such time confined in the non-military facility
when calculating his or her sentence adjudged at court-martial.
4. CLASSIFICATION AND USE OF FACILITIES
a. To promote effective and efficient corrections programs, the Military Services shall
classify facilities based on the physical security features of the facility, assigned or available
staff, and the availability of treatment, training, and work programs. Changes in the
classification of a facility shall be staffed for comment with the DoD Corrections Council and
the USD(P&R) prior to implementation. All MCFs shall be classified as Level I, II, or III.
(1) Level I facilities are minimum security facilities capable of providing pre-trial and
post-trial confinement for prisoners classified as minimum risk. The facilities may temporarily
hold prisoners classified with a higher risk; for example, pre-trial detainees, prisoners held for
post-trial court appearances, or those pending transfer. The maximum period of post-trial
confinement provided by any Level I facility shall not exceed 1 year.
(a) Characteristics of a standalone Level I facility include:
1. Single-fenced perimeter with periodic roving patrol.
2. Internal security hardware/walls.
3. Single cells.
4. Multiple occupant cells or dormitory.
5. At least 5 percent segregation cells (single cells).
(b) Level I facilities require staff supervision and movement control based on design
and population, which is less than a Level II facility. Confinement facilities collocated with
military/security police stations do not require a single-fenced perimeter and may be designated
by their respective Service as a Level I facility.
(c) Level I facilities shall provide, at a minimum:
1. Access to counseling services.
2. Crisis intervention.
3. Victim impact awareness
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4. Work opportunities.
5. Substance abuse/drug and alcohol education.
(2) Level II facilities are medium security facilities capable of providing pre-trial and
post-trial confinement (up to 5 years) for medium risk prisoners.
(a) Facility characteristics include:
1. Double-fenced perimeter with electronic detection system and internal security
hardware/walls, with periodic roving patrol or towers.
2. Single or double occupant cells.
3. Between 6 and 12 percent segregation cells based on requirements determined
by Service corrections headquarters.
4. A wide variety of work and appropriate offense-specific programs based on the
needs of the prisoners.
5. Less staff supervision and movement control than a Level III facility.
(b) At a minimum, a Level II facility should provide:
1. Crisis intervention counseling.
2. Drug and alcohol treatment.
3. Victim-impact awareness.
4. Stress and anger management.
5. Vocational training.
6. Functional skills testing.
7. Remedial education.
8. High school-level education classes or a general equivalency diploma (GED)
program.
(c) Programs at each Level II facility should be based on a needs assessment of the
prisoner population.
(3) Level III facilities are maximum security facilities designed for high-risk, long-term
(including life), and death sentence prisoners, and are capable of providing post-trial
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confinement exceeding that of Level II facilities. The United States Disciplinary Barracks
(USDB) shall not provide pretrial confinement. Level II facilities with a mission to confine
Level III long-term prisoners may provide pre-trial confinement.
(a) Characteristics of a Level III facility include:
1. Double-fenced perimeter with electronic detection system.
2. Internal security sensor system.
3. High security walls.
4. Detention hardware.
5. Roving patrol or towers.
6. Single occupant cells.
7. Fifteen percent segregation cells.
8. Close staff supervision and movement control (higher staff-prisoner ratio than
a Level II facility).
9. A wide variety of work and appropriate offense-specific programs based on the
needs of the prisoners.
(b) At a minimum, Level III facilities shall include:
1. Crisis intervention counseling.
2. Drug and alcohol treatment.
3. Victim-impact awareness.
4. Stress and anger management.
5. Vocational training.
6. Functional skills testing.
7. Remedial education.
8. High school-level education classes or a GED program.
(c) Level III facilities shall provide all the programs and services available in Level
II facilities based on assessed prisoner needs.
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b. All facility physical security feature characteristics described in paragraphs 4a(1)-(3) of
this enclosure are required for facilities with final designs approved after the effective date of
this instruction. While the characteristics discussed contain best practices, all existing facilities,
to include facilities with final designs approved prior to the effective date of this instruction, are
exempt from these requirements.
c. Male and female prisoners may be confined in the same MCF. The sleeping and personal
hygiene areas for male and female prisoners shall be separate.
5. CUSTODY LEVEL CLASSIFICATION FOR LEVEL I AND LEVEL II PRISONERS
a. During the reception process, a prisoner (pre- or post-trial) will receive an initial custody
classification. Correctional officials shall use DD Form 2710, “Prisoner Background Summary,”
and DD Form 2711, “Initial Custody Classification,” or computer-generated equivalent, to
document the classification process.
b. A prisoner’s custody reclassification shall be conducted by the classification board IAW
Service regulations, this instruction, and Reference (b). MCF personnel shall use DD Form
2711-1, “Custody Reclassification,” and Appendix 1 of this enclosure to document
reclassification actions.
c. In making the appropriate custody classification level assignment, using an objective
classification system, all facts and circumstances shall be considered including, but not limited
to, the prisoner’s: offense(s), history of violence and prior criminal history, detainers and
warrants, sentencing status, escape history, institutional disciplinary history, substance abuse,
stability factors (e.g., age, employment, residence, family ties), mental health evaluation, and
quality of participation in treatment and educational programs.
6. CUSTODY LEVEL CLASSIFICATION FOR LEVEL III PRISONERS. In making the
appropriate custody classification level assignment, in addition to the procedures detailed in
section 5, Level III MCFs shall develop and use an objective classification system based on the
assessed risk applicable to the prisoner.
a. Assessed risk considered will be identified as internal risk and external risk. Significant
changes in this system shall be coordinated with the DoD Corrections Council at least 90 days
prior to implementation.
b. Level II facilities with a mission to confine a small population of Level III long-term
prisoners may use the Level II classification system used by a majority of that facility.
c. Initial risk assessment will include, but is not limited to:
(1) Consideration of length of sentence.
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(2) Time served in confinement.
(3) Criminal behavior elements associated with increased risk.
(4) Mental health of the prisoner.
(5) Criminal history.
(6) Previous institutional adjustment.
(7) Existence of detainers.
7. CUSTODY LEVELS
a. A custody level dictates the degree of staff supervision required for an individual prisoner
at that security level facility. In addition to the factors presented in paragraph 5.c., assignment to
custody levels shall also consider length of sentence, time served in confinement, criminal
behavior elements associated with increased risk, mental health of the prisoner, criminal history,
and previous institutional adjustment.
b. A prisoner’s custody level within any given security level institution is routinely reviewed
and may change for various reasons during the period of confinement. The review process that
determines the prisoner’s custody level will be IAW institution standing operating procedures
and facility Service regulations, and all reviews will be documented in the prisoner’s file. The
four basic custody levels are:
(1) Maximum Custody. Maximum custody prisoners require special custodial
supervision due to the seriousness of their offenses, high risk of causing injury to self or others,
high escape risk, or a disposition toward or history of being dangerous, violent, or noncompliant
with confinement authorities, among other factors. Accordingly, quarters and work assignments
may be assigned to ensure maximum control and supervision.
(2) Medium Custody. Medium custody prisoners pose a minimal risk of harm toward
others and adjust well to confinement and controlled institutional living. If authorized by the
MCF commander, such prisoners may be assigned work details outside the facility under
continuous supervision.
(3) Minimum Custody. Minimum custody prisoners do not pose a risk of harm towards
others and the general public; adjust well to confinement and controlled institutional living, and
are considered to be sufficiently dependable to be assigned work details outside the facility. If
authorized by the MCF commander, such prisoners may be assigned work details outside the
facility under minimal supervision.
(4) Installation Custody or Trusty. Installation custody or trusty prisoners, are
considered by the MCF commander to be reliable and dependable and are able to live, work, and
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train with minimal supervision. MCF commanders may grant other privileges deemed
appropriate.
8. PRISONER ADMINISTRATION
a. Health and Comfort Supplies
(1) Supplies necessary for personal hygiene and maintenance of good health shall be
provided to all military prisoners. The Military Services may also provide supplies for a
prisoner’s comfort and establish monetary or quantity limitations on any supplies and other
limitations as deemed appropriate by Service corrections headquarters.
(2) Supplies issued to persons in a non-pay status shall be paid from appropriated funds.
The cost of health and comfort supplies provided to persons in a pay status shall be charged
against their pay accounts or paid from their personal funds.
b. Use of a Prisoner’s Personal Funds
(1) Personal funds of prisoners shall be held in safekeeping.
(2) In addition to an authorized allowance for health and comfort items, a prisoner shall
be permitted to use personal funds for other items as authorized by Service corrections
headquarters. Additional use of personal funds may be permitted for special purposes such as
purchase of educational materials, remittances to dependents, payment of debts or attorney’s
fees, or restitution to victims.
(3) Service corrections headquarters may impose reasonable limitations on a prisoner’s
use of personal funds.
c. Prisoner Clothing Allowances
(1) The Military Services may prescribe mandatory clothing or uniforms for a prisoner
confined in an MCF that the Service operates. A prisoner shall wear the prisoner uniform or
work uniform directed by the MCF commander.
(2) If a distinctive prisoner uniform is prescribed, it shall be provided at Government
expense.
(3) All necessary items of clothing for a prisoner confined in a non-pay status shall be
provided at Government expense.
(4) A prisoner shall wear prescribed Service uniforms during appearances before courts-
martial and post-trial hearings if not discharged, as determined by the local Staff Judge
Advocate’s Office, and for other appropriate events and occasions as authorized by the MCF
commander.
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(5) A prisoner confined without essential clothing shall be provided suitable clothing, on
a temporary loan basis, by the MCF commander. Permanent issue items, except for distinctive
prisoner clothing, shall be subject to personal funds withdrawal if the prisoner is in a pay status.
In cases requiring the issuance of Service-unique items to members of other Services,
reimbursement shall be made on a cross-Service basis.
d. Gratuities. Upon release from an MCF, a prisoner who is not returning to duty may be
provided suitable clothing in addition to other grants and gratuities as may be authorized by
appropriate DoD or Service regulation.
e. Correspondence and Visits
(1) An MCF commander may limit correspondence and visiting privileges for a prisoner
based on the protection of public safety, an institution’s schedule, space, or institutional order
and security.
(2) Visits or correspondence with a prisoner may be limited when necessary to maintain
security and control or for treatment purposes.
(a) Correspondence and visits with family members should be approved unless the
security needs of the facility, the treatment program of the prisoner, or the circumstances of the
offense committed warrant limitations or disapproval.
(b) For the protection, health, safety, and welfare of the victims and witnesses,
correspondence and visits with victims will ordinarily not be permitted. If the victim or witness
is an immediate family member, the correspondence or visit may be approved in advance by the
MCF commander. Victims and witnesses include, but are not limited to, all those persons listed
on the DD Form 2704 or named in any specification which resulted in a finding of guilty and has
not been discussed upon appellate review. A prisoner may not request or cause a third party to
contact a victim or witness without the advance approval of the MCF commander.
(c) Other persons and correspondence may be approved if the visit or correspondence
would be in the best interests of the prisoner and not inconsistent with safety and security of the
community and the facility.
(d) Correspondence with a prisoner in another correctional facility will not be
permitted unless such individual is an immediate family member and the correspondence is
approved in advance by the MCF commander and the MCF commander or warden of the other
facility.
(e) Disapproval of correspondence and visitor requests shall be documented as a
permanent part of the prisoner’s file.
(3) Non-privileged mail (incoming and outgoing) may be opened to ensure that money,
stamps, personal property, and valuables are brought under the control of the MCF and that the
prisoner does not receive contraband. MCF officials shall limit the scope of the inspection of
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correspondence to that reasonably necessary to control property, prevent receipt of contraband,
and otherwise provide for the safety and security of the facility and the community.
(4) Privileged mail (incoming and outgoing) may be opened only in the presence of the
prisoner.
(a) Military or civilian attorneys of record must mark “Privileged Mail” on the front
of the envelope for it to be considered privileged mail.
(b) Initial correspondence with any attorney listed in professional or other directories
that is marked “Privileged Mail” on the front of the envelope will be considered privileged mail.
(5) Restrictions shall not be placed on the number of letters to and from authorized
correspondents, except as necessary to maintain security and control, or to prevent unreasonable
or excessive individual use of outgoing mail privileges. Restrictions or limitations on
correspondence privileges must be approved by the MCF commander.
(6) A prisoner’s letters containing accusations, charges, or complaints shall be forwarded
through the proper channels to the official who has the authority to correct the complaint or
alleged wrong. Petitions or writs for release shall be forwarded to the proper authority.
(7) A prisoner may receive packages and articles other than correspondence, under
reasonable terms, conditions, and limitations approved by the MCF commander.
(8) A prisoner shall be provided reasonable postage as a health and comfort item.
Postage for a prisoner in a non-pay status shall be purchased from appropriated funds. A
prisoner in a pay status may purchase his or her postage using personal funds.
(9) A prisoner shall be allowed reasonable opportunity to make telephone calls at no
expense to the Government. The MCF commander may limit the number and length of a
prisoner’s telephone calls. Calls may be monitored.
(10) The facility will provide a telephone that is not monitored for a prisoner to call his
or her attorneys of record or clergyman. Telephone calls to non-government attorneys or non-
government clergyman will be at no expense to the government.
(11) Any form of contact with a victim or witness (V/W) must be approved by the MCF
commander as described in paragraph 8.e.(2) of this enclosure.
(12) Personal interviews and telephonic communications between a prisoner and media
representatives are not authorized unless a determination is made that such interview or
communication serves a legitimate public interest or is in the best interest of the military.
Service regulations shall specify procedures for approving and conducting personal interviews
between prisoners and members of the media. Written communication with media
representatives is permitted subject to this instruction and Service regulations.
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f. American Red Cross. The American Red Cross may be used, IAW existing agreements,
as the primary agency to provide a prisoner with community and family information.
9. BOARDS
a. Discipline and Adjustment (D&A) Boards. D&A boards shall be established to
recommend to MCF commanders or designated representatives whether administrative action
should be taken against a prisoner for misconduct, rules violations, or adjustment problems.
b. Disposition Boards. Each MCF will establish a disposition board (in person, telephonic,
or via video teleconference) to make recommendations for a prisoner’s clemency, parole, and
MSR. Parole, clemency, and MSR requests will be forwarded along with the disposition board’s
recommendation through the MCF commander to the appropriate Military Department C&PB.
For Service members transferred to FBOP facilities, the Commandant, USDB, will coordinate
with the FBOP to obtain input beforehand and the applicable MCF commander will make
clemency, parole, and MSR recommendations to the Military Department C&PBs.
c. Classification and Assignment Boards. An MCF may establish a classification and
assignment board to review and recommend custody levels, work and billeting assignments, and
treatment program or training assignments. MCF commanders may use the disposition board for
these purposes.
10. ADMINISTRATIVE CONTROL AND DISCIPLINARY MEASURES
a. The DD Form 2713, “Prisoner Observation Report,” is used to document a prisoner’s
behavior, both positive and negative, in situations not covered in related forms. DD Form 2714,
“Prisoner Disciplinary Report/Action,” and DD 2712, “Prisoner Evaluation,” are used to
document a violation of facility rules and regulations.
b. MCF commanders or designated representatives are authorized to impose disciplinary
measures on a prisoner due to misconduct, rules violations, or adjustment problems.
c. MCF commanders or designated representatives are authorized to impose administrative
control measures on a prisoner to maintain good order and discipline, prevent injuries, maintain
proper health standards, and ensure safety.
d. A prisoner may be placed in segregation for either administrative or disciplinary reasons.
A prisoner in segregation shall be closely supervised and precautions shall be taken in the
preparation, equipping, inspection, and supervision of segregation quarters to maintain a healthy
environment and prevent escapes and injuries. When segregation is imposed, the MCF
commander or designated representative will review the action within 72 hours.
e. The status of a prisoner in administrative segregation and protective custody will be
reviewed by the classification board or other authorized staff group every 7 days for the first
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2 months and at least every 30 days thereafter. Continuous confinement in administrative
segregation or protective custody for over 30 days requires the review and approval of the MCF
commander. A qualified/credentialed mental health provider shall personally interview and
prepare a written report on any prisoner remaining in segregation for over 30 days. If
administrative segregation continues beyond 30 days, a mental health assessment by a
credentialed mental health provider shall be made at least every 3 months – or more frequently,
if prescribed by the chief medical authority.
f. When a prisoner is transferred to segregation for either administrative or disciplinary
reasons, health care personnel will be informed immediately and will provide assessment and
review as indicated by the protocols established by the facility health authority. Thereafter,
medical personnel shall visit the prisoner in segregation at least once every day to observe the
prisoner’s health and the sanitary conditions of the segregation. Medical personnel shall
immediately inform the MCF commander of any unhealthful, unsafe, or unsanitary condition.
MCF commanders will ensure immediate and appropriate action is taken to correct any noted
problem or unhealthful condition. MCF commanders or the commander’s representative shall
conduct a daily visit to a prisoner in segregation.
g. A prisoner is entitled to an informal evidentiary hearing before a D&A board on the need
for disciplinary segregation. The prisoner shall be given notice of the basis for disciplinary
segregation and an opportunity to make an oral or written statement.
(1) The hearing shall be conducted by an individual appointed by the MCF commander,
who will review the evidence and make recommendations to the commander or designated
representative. The recommendation of the hearing officer shall not be binding on the MCF
commander or designated representative.
(2) If the MCF commander disagrees with the recommendation, notice shall be provided
to the prisoner with reasons for the decision.
(3) A prisoner is only placed in disciplinary segregation for a rules violation considered
by a D&A board and approved by the MCF commander or designated representative. A prisoner
held in disciplinary segregation for periods exceeding 60 days shall be provided the same
program services and privileges as a prisoner in administrative segregation and protective
custody.
h. MCF commanders or designated representatives are authorized to impose one or more
disciplinary measures on a person confined under their jurisdiction for misconduct or infraction
of regulations, including:
(1) Reprimand or warning.
(2) Loss of one or more privileges, or restrictions on movement or activities.
(3) Extra duty.
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(4) Reduction of custody or classification.
(5) Forfeiture or suspension of earned GCT, earned time (ET) abatement, or special acts
abatement (SAA). See Glossary and Appendix 3 for specific requirements.
(6) Disciplinary segregation.
(7) Restitution for damages or loss of property belonging to the facility or persons.
i. A suspension period of any disciplinary measure shall not exceed 6 months.
j. The MCF commander or designated representative must approve any disciplinary measure
prior to imposition. The DD Form 2714 shall be used to report prisoner infractions of rules and
regulations. All disciplinary actions commence as approved and directed by the MCF
commander or designated representative.
k. MCF commanders may restore any action imposed as a disciplinary measure, including
suspended or forfeited earned GCT, ET, or SAA from any prior commander or activity.
l. The USDB Commandant may restore any action imposed as a disciplinary measure,
including suspended or forfeited earned GCT, ET, or SAA for prisoners permanently transferred
to the Federal Bureau of Prisons (FBOP).
11. PROGRAMS IN MILITARY CORRECTIONAL FACILITIES
a. Programs of regular work, training, and rehabilitation shall be conducted to offset a
prisoner’s costs, increases the prisoner’s usefulness, prevents idleness, aids in alleviating
custodial problems, and prepares the prisoner for release from confinement and successful
reentry into the community.
b. DD Form 2712 shall be used to document performance in work and training.
c. A prisoner’s participation in such programs shall be based on the needs and resources of
the MCF and on the prisoner’s needs in terms of confinement, capabilities, motivation for
successful adjustment, and in preparation for community release. The combined time spent in
training programs and employment should approximate the work day in the community.
(1) A prisoner should be afforded a reasonable opportunity to participate in basic
educational, vocational, and rehabilitative training and useful work for the Government
consistent with available facilities, personnel, and resources.
(2) Each Service should establish policies and procedures for prisoner return-to-duty
programs. The scope of these programs shall be determined by available resources, facilities,
personnel, and the needs of the Service. A prisoner shall be evaluated IAW their Service
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regulations for suitability for the program and provided appropriate opportunities to improve
potential for return-to-duty.
(3) Except in the case of a prisoner sentenced to death, prisoners shall be afforded
reasonable opportunities to participate in meaningful treatment programs. Programs should be
offered based on the capabilities and classification level of the MCF and prisoner needs. Level I
facilities shall provide drug and alcohol education. In addition to drug and alcohol education,
Level II and III facilities shall provide reasonable opportunities for participation in offense-
related rehabilitation programs, victim impact, and stress or anger management programs.
(a) Significant changes in rehabilitation and treatment programs, including all
proposals to discontinue established programs in Level II and III facilities, shall be coordinated
with the DoD Corrections Council and the USD(P&R) prior to implementation. Rehabilitation
and treatment programs shall reflect sound correctional philosophy, as well as current behavioral
theory and treatment methodology.
(b) Sexual offender treatment records should remain confidential and, absent a court
order to the contrary, may not be subject to release for use during the Government’s case in chief
on the merits or its initial presentation of evidence on sentencing during any retrial or rehearing
ordered by an appellate authority.
d. Except in the case of a prisoner sentenced to death, all physically qualified prisoners shall
be required to engage in useful work projects or vocational training to develop occupational
skills or good work habits consistent with the prisoners’ custody level, skills, and physical
abilities. MCF commanders shall promote opportunities for on-the-job training consistent with
prisoner custody classification, the prisoner’s need for retraining to increase employability upon
release, and facility resources. When authorized by law and Military Service regulations,
prisoners in a non-pay status may be compensated for work performed as part of a correctional
program using appropriated funds. The use of nonappropriated funds (NAF) to compensate a
prisoner assigned to a NAF-generating work position is authorized when determined appropriate
by the Military Services.
e. The Military Services are encouraged to establish vocational training programs in Level II
and Level III correctional facilities. Vocational training shall be designed to provide prisoners
with the opportunity to acquire meaningful occupational skills. MCFs may also operate prisoner
vocational training as NAF instrumentalities.
12. EXERCISE, MORALE, AND RECREATION ACTIVITIES
a. Morale and recreation activities maintain a prisoner’s physical condition, mental health,
and morale and should be provided at all correctional facilities.
b. Morale and recreational activities should include appropriate access to fiction and
nonfiction books, periodicals, newspapers, motion pictures, radio, television, physical recreation
facilities and equipment, competitive sports, and special programs and events.
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c. Military Services may authorize the use of funds generated by a prisoner’s work to
supplement other available sources of funds for morale and recreation activities.
d. A prisoner shall be afforded a reasonable opportunity to participate in physical exercise
consistent with personnel, space, and other resources necessary to conduct a safe, efficient, and
effective program.
13. RELIGIOUS ACTIVITIES
a. A prisoner should be afforded opportunities to participate in religious activities, consistent
with available resources and the need to maintain good order and discipline.
b. Religious and spiritual activities should be designed to accommodate a variety of religions
IAW DoDI 1300.17 (Reference (n)). Authorized religious activities in an MCF include worship
services, sacramental ministry, pastoral counseling, religious education, spiritual growth, prayer,
and meditation.
c. Religious practices that include controlled substances are prohibited unless the Service
corrections headquarters, following consultation with a legal advisor, determines that such use is
consistent with law, DoD policy, and Reference (n).
14. MCF STAFFING AND PERSONNEL REQUIREMENTS
a. MCF personnel and Level I, II, and III staff that are required to be trained to support MCF
commanders and MCF operations include:
(1) Correctional personnel responsible for the security and control of prisoners. Such
personnel shall be graduates of civilian or military corrections training programs, or be former
corrections officials, employees, or specialists at military or civilian confinement facilities.
Security staff performing a corrections mission at a police or security station determined to be a
Level I facility by the Service shall meet Service training requirements. The Services are
encouraged to obtain the same training as for Level II and III facilities.
(2) Chaplaincy personnel, responsible to the MCF for providing religious instruction,
guidance, and services for prisoners.
(3) Medical and healthcare providers, responsible to the MCF commander for the health
of prisoners and the sanitary conditions of the facility.
(4) Licensed and credentialed mental healthcare professionals and paraprofessionals
including psychiatrists, clinical psychologists, social workers, and mental health technicians,
responsible for the assessment and treatment of prisoners presenting special personality problems
or psychiatric disorders.
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(5) Correctional treatment personnel such as:
(a) Supervisors and interviewers, responsible for compiling case histories and other
background data required to plan correctional programs for an individual prisoner and for
providing the basis for recommendations for clemency, restoration to duty, or other appropriate
disposition.
(b) Supervisors and instructor personnel, responsible for assessing a prisoner’s
educational needs and providing educational training and programs.
(c) Supervisor and instructor personnel, responsible for assessing a prisoner’s
vocational needs and providing vocational programs.
(d) Correctional counselors, responsible for counseling a prisoner.
(6) Victim/Witness Assistance Coordinators, responsible for providing notifications of a
prisoner’s status as required by DoDI 1030.2 (Reference (o)).
b. All MCF personnel shall:
(1) Possess a high degree of maturity.
(2) Have no civilian felony convictions or court-martial convictions for any offense for
which a maximum authorized sentence to confinement exceeds 1 year, whether or not adjudged
to be in excess of 1 year.
c. All MCF staff members shall meet ACA preservice and inservice training standards.
Security staff performing a corrections mission at a police or security station determined to be a
Level I facility by the Service shall meet Service training requirements.
d. Transient personnel shall not be used for functions involving contact with a prisoner,
except when approved by the Service corrections headquarters that provides oversight of the
facility.
15. TRANSFER TO FEDERAL INSTITUTIONS
a. A prisoner may be transferred to FBOP facilities with the concurrence of or by direction
of the appropriate Secretary of the Military Department concerned (hereinafter referred to as “the
Secretary concerned”) and by agreement with the FBOP. Authority to transfer a prisoner to the
FBOP confers no right on a prisoner to request transfer or be transferred. The DoD Executive
Agent for Level III Corrections shall maintain a memorandum of agreement (MOA) with the
FBOP containing the terms and conditions for the transfer of a prisoner to the FBOP. Changes in
this MOA after the effective date of the instruction should be coordinated with the DoD
Corrections Council.
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b. Factors for determining whether to transfer a prisoner to a FBOP facility include:
(1) The prisoner’s demonstrated potential for return to duty or rehabilitation.
(2) The nature and circumstances of the prisoner’s offenses.
(3) The prisoner’s confinement file, including participation in rehabilitation programs.
(4) The status of the prisoner’s court-martial appeal and involvement in other legal
proceedings.
(5) The nature and circumstances of the prisoner’s sentence, including length of sentence
to confinement.
(6) The prisoner’s age.
(7) Any other special circumstance relating to the prisoner, the needs of the Service, or
the interests of national security.
c. A prisoner’s desire to be or not to be transferred to the FBOP need not be considered in
making the transfer decision.
d. A prisoner proposed for transfer to a FBOP facility for inpatient psychiatric treatment
shall be afforded procedural due process including:
(1) Notice of the proposed transfer.
(2) Representation by an attorney or representative of the prisoner’s choice provided at
no cost to the Government, or by appointed military counsel certified as a judge advocate IAW
Chapter 47, section 827b of Manual for Courts-Martial United States, (Reference o)), also known
as Article 27(b) of the Uniform Code of Military Justice (UCMJ).
(3) The opportunity for a hearing before a military judge.
16. CLEMENCY, PAROLE, MSR, REENLISTMENT, AND RESTORATION TO DUTY
a. The Secretary concerned has the authority, for a prisoner who at the time of commission
of his or her offense was subject to the authority of that Secretary, to:
(1) Remit or suspend a part or all of the unexecuted portion of any sentence adjudged by
a court-martial to include adjusting significant disparities in approved sentences. For a prisoner
serving an approved unsuspended sentence of confinement for life without eligibility for parole,
only the Secretary concerned may exercise this authority personally and only after the prisoner
has served a period of confinement of not less than 20 years. The reduction, suspension, or
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remittance of sentences shall be consistent with the maintenance of good order and discipline in
the Military Services and when in the best interest of society and the prisoner.
(2) Restore to duty or reenlist selected offenders.
(3) Parole military prisoners.
(4) Direct release of prisoners on MSR.
b. A prisoner shall be informed that there is no right to clemency, parole, reenlistment, or
restoration.
c. The supervised release of a prisoner who is not granted parole prior to his or her minimum
release date (MRD) is a highly effective technique to provide an orderly transition to civilian life
for a released prisoner and to better protect the communities into which such prisoner is released.
d. The Secretary concerned shall establish a C&PB to assist the Secretary to execute
clemency, parole, and MSR authority, and to serve as the primary authority for administration of
clemency, parole, and MSR policy and programs. The Military Department C&PB shall have
approval authority for all clemency, parole, MSR, restoration to duty, and reenlistment actions,
except those for which the Secretary concerned has expressly withheld approval authority or for
which this instruction expressly withholds to the Secretary concerned. The Military Department
C&PB:
(1) May consider a prisoner confined at the FBOP for parole, clemency, MSR,
restoration to duty, and reenlistment, as eligible.
(2) Shall strive for uniformity of operations consistent with individual Service needs.
Representatives from the Military Department C&PBs shall meet at least semiannually to
exchange views on clemency, parole, and MSR philosophy, procedures, significant cases, and
similar matters. Minutes of the meetings will be provided to the DoD Corrections Council. A
representative of each Military Department C&PB shall serve as a voting member of the DoD
Corrections Council.
e. MCF disposition boards shall provide clemency, parole, and MSR recommendations to
the Military Department C&PB concerned. DD Form 2715, “Clemency/Parole Submission,”
DD Form 2715-1, “Disposition Board Recommendation,” DD Form 2715-2, “Prisoner Summary
Data,” DD Form 2715-3, “Prisoner Restoration, Clemency and Parole Statement,” and DD Form
2719, “Continuation Sheet,” or their electronic equivalent shall be used for this purpose.
f. When considering an individual for clemency, parole, MSR, restoration to duty, or
reenlistment, a Military Department C&PB shall consider:
(1) The nature and the circumstances of the prisoner’s offenses.
(2) The prisoner’s military and civilian history.
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(3) The prisoner’s confinement file, including offense-related rehabilitation programs.
(4) The personal characteristics of the prisoner, including age, education, marital and
family status, and psychological profile.
(5) The impact of the prisoner’s offense on the victim and the prisoner’s efforts to make
restitution to the victim.
(6) The protection and welfare of society.
(7) The need for good order and discipline in the Service.
(8) Other matters, as appropriate.
17. ELIGIBILITY AND PROCEDURES FOR CONSIDERATION FOR CLEMENCY,
RESTORATION, AND REENLISTMENT. The Military Department C&PB shall consider a
prisoner for clemency, restoration to duty, or reenlistment when the court-martial convening
authority has taken action on the sentence, the prisoner’s case has been reviewed by an MCF,
disposition board, or probation official; and the prisoner meets the eligibility criteria. Prisoners
may waive consideration by the Military Department C&PB IAW instructions issued by the
Military Department C&PB concerned. A prisoner sentenced to death is ineligible for
consideration by a Military Department C&PB.
a. When a prisoner’s approved unsuspended sentence includes no confinement or the
approved unsuspended sentence to confinement is less than 12 months, normally there shall be
no consideration by the Military Department C&PB. The Secretaries concerned may direct that
the Military Department C&PB consider those cases.
b. The rules in this paragraph govern consideration for clemency, restoration, and
reenlistment by the Military Department C&PB for a prisoner whose sentence is adjudged fewer
than 30 days after the date of this instruction.
(1) When a prisoner’s approved unsuspended sentence to confinement is 12 months or
more, initial consideration by the Military Department C&PB shall not be more than 9 months
from the date that confinement began. The time may, however, be extended to allow up to 90
days processing time between the date the convening authority’s actions is received at the MCF
and the initial consideration by the Military Department C&PB. This paragraph does not apply
to those a prisoner serving an approved unsuspended sentence of confinement for life without
eligibility for parole adjudged for offenses committed after October 31, 2000.
(2) When a prisoner’s approved unsuspended sentence:
(a) Is 12 months or more, but less than 20 years, consideration by the Military
Department C&PB shall be at least annually, following the initial review.
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(b) Is 20 years or more, but less than 30 years, consideration by the Military
Department C&PB shall be at least annually beginning three years from the date confinement
began.
(c) Is 30 years or more, including life, consideration by the Military Department
C&PB shall be at least annually beginning 10 years from the date that confinement began.
(3) When a prisoner’s approved unsuspended sentence includes confinement for life
without eligibility for parole, consideration by the Military Department C&PB shall be at least
once every 3 years beginning 20 years after the date confinement began. The Secretary
concerned may not delegate the authority to grant clemency for approved sentences of life
without eligibility for parole. Subordinate clemency approval authorities may deny clemency for
approved sentences of life without eligibility for parole.
c. The rules in this paragraph govern consideration for clemency, restoration, and
reenlistment by the Military Department C&PB for a prisoner’s adjudged sentence that takes
place more than 29 days after the date of this instruction.
(1) When a prisoner’s approved unsuspended sentence to confinement is 12 months or
more, but less than 10 years, initial consideration by the Military Department C&PB shall not be
more than 9 months after the date confinement began. Subsequent reviews will occur at least
annually thereafter. The time may, however, be extended to allow up to 90 days processing time
between the date the convening authority’s action is received at the MCF and the initial
consideration by the Military Department C&PB.
(2) When a prisoner’s approved unsuspended sentence is 10 years or more, initial
consideration by the Military Department C&PB shall be at least annually, beginning when the
prisoner would otherwise be eligible for parole IAW section 18 of this enclosure, whether or not
the prisoner had an approved unsuspended punitive or administrative discharge or dismissal or
an approved retirement. This subparagraph does not apply to those a prisoner serving an
approved unsuspended sentence of confinement for life without eligibility for parole adjudged
for offenses committed after October 31, 2000. Subsequent reviews will occur at least annually.
(a) The MCF commander confining a prisoner with an unsuspended sentence to
confinement of 10 years or more may recommend the Military Department C&PB review the
prisoner for clemency due to extraordinary reasons before the prisoner would otherwise be
eligible for an initial clemency review.
(b) A prisoner with an approved unsuspended sentence to confinement of 10 years or
more may request the Military Department C&PB for a clemency review due to extraordinary
reasons, before the prisoner would otherwise be eligible for an initial clemency review. The
request should set out those extraordinary reasons and be sent to the Military Department C&PB
through the MCF commander. The request may be rejected by the Chair of the Military
Department C&PB. If the Military Department C&PB’s Chair accepts the request for review by
the Military Department C&PB, the Chair will notify the facility in order for the facility to make
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appropriate V/W notifications, to initiate a review of the prisoner, and to provide the Military
Department C&PB the MCF staff’s and commander’s recommendations concerning the
clemency request before the Military Department C&PB reviews the prisoner for clemency.
(c) Due to extraordinary reasons a Military Department C&PB Chair may direct an
initial clemency review of a prisoner before the prisoner would otherwise be eligible for an
initial clemency review. In such a case, the Chair shall notify the facility to make appropriate
V/W notifications and to initiate a review of the prisoner, and to provide to the Military
Department C&PB the MCF staff’s and commander’s recommendations concerning the
clemency request before the Service C&PB reviews the prisoner for clemency.
(3) When a prisoner’s approved unsuspended sentence includes confinement for life
without eligibility for parole, consideration by the Military Department C&PB shall be at least
once every 3 years, beginning 20 years after the date confinement began. The Secretary
concerned may not delegate the authority to grant clemency for any portion of approved
sentences of life without eligibility for parole. Subordinate clemency approval authorities may
deny clemency for approved sentences of life without eligibility for parole.
d. Except in the case of a prisoner sentenced to death or to confinement for life without
parole, the Military Department C&PB may for cause grant special consideration for clemency,
restoration to duty, or reenlistment.
e. A prisoner released on supervision shall be considered, upon the prisoner’s request, by the
Military Department C&PB for clemency, restoration, and reenlistment 12 months after release
on supervision and annually thereafter, upon request, until expiration of the sentence.
(1) When a prisoner has been returned to military control as a supervision violator, the
prisoner’s consideration for clemency, parole, restoration, and reenlistment shall normally be
12 months after the prisoner’s return to military control and annually thereafter.
(2) When a prisoner is not returned to military control, but supervision has been revoked
and reinstituted, the Military Department C&PB shall normally consider the prisoner, upon the
prisoner’s request, for clemency, restoration, and reenlistment 12 months after supervision has
been reinstated and annually thereafter upon request.
f. When a prisoner is considered for parole IAW section 18 of this enclosure, the Military
Department C&PB may also consider the prisoner for clemency, and upon request, for
restoration to duty or reenlistment.
g. The rules in this paragraph govern consideration of restoration to duty or reenlistment of
prisoners.
(1) Each Military Department shall provide a program to restore or reenlist prisoners
IAW the needs of that Military Department. A prisoner is afforded no right by this instruction to
participate in any particular restoration program.
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(2) In selecting prisoners and supervisees for restoration or reenlistment, consideration
should be given to their demonstrated motivation for future honorable service, Military
Department needs, demonstrated ability to perform military duties in a creditable manner, mental
and physical fitness for continued service, and the impact of the supervisee’s restoration or
reenlistment on the morale, good order, and discipline of the Military Department.
(3) The needs of the Military Department govern reenlistment and restoration programs,
not the desires of individual prisoners. A prisoner not selected for reenlistment or a restoration
program may not appeal, or otherwise contest, nonselection unless applicable Service regulations
provide a right of appeal.
18. ELIGIBILITY AND PROCEDURES FOR GRANTING PAROLE
a. The Military Department C&PB will consider a prisoner for parole when the prisoner first
becomes eligible and annually thereafter. Military prisoners confined in FBOP facilities as of
the publication date of Reference (l) will be considered annually based on the date that the
United States Parole Commission would have next considered the prisoner for parole. A
prisoner is eligible for release on parole when requested by the prisoner, and when:
(1) The prisoner has an approved unsuspended punitive discharge or dismissal or an
approved administrative discharge or retirement.
(2) The unsuspended sentence or aggregate sentence to confinement is 12 months or
more.
(a) In cases in which the sentence to confinement is less than 30 years, the prisoner
must have served one-third of the term of confinement, but in no case less than 6 months.
(b) In cases in which the sentence to confinement is 30 years or more up to and
including life, the prisoner has served at least 10 years of confinement.
(c) In cases in which a prisoner is convicted of an offense committed after February
15, 2000, and has been sentenced to confinement for life, the prisoner must have served at least
20 years of confinement.
b. A prisoner sentenced to death or to life without eligibility for parole is ineligible for
parole.
c. A prisoner otherwise eligible for parole, with an approved sentence including a fine, with
a provision for further confinement if the fine is not paid, shall be considered for parole by a
Military Department C&PB based on the approved sentence to confinement. Confinement
resulting from failure of the prisoner to pay a fine shall not be considered in computing eligibility
for consideration by a Military Department C&PB.
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d. A prisoner with an approved sentence that includes a fine and no confinement, but with a
provision for confinement if the fine is not paid, shall be considered for parole by a Military
Department C&PB on his or her imprisonment if the fine is not paid, and if otherwise eligible for
parole.
e. Projected GCT and other abatement of confinement shall be excluded in computing
eligibility for parole.
f. Unless an earlier parole consideration of the prisoner is directed by the Secretary
concerned, is requested by the MCF commander, or is initiated by the Military Department
C&PB on its own motion, the Military Department C&PB normally shall not reconsider for
parole a prisoner whose parole has been revoked until the prisoner has served 12 months in
confinement after return to military custody.
g. When exceptional circumstances exist or for other good cause, and consistent with
Military Department C&PB authority in paragraph 16d., a Military Department C&PB may
waive any prisoner’s parole eligibility requirement, except for those prisoners sentenced to death
or to life without eligibility for parole, or in other cases of a special nature reserved for final
decision by the Secretary concerned.
h. When considering a prisoner for release on supervision, the FBOP’s Victim/Witness
Notification Program office and/or the MCF commander shall provide all victims listed on the
DD Form 2704 who indicated a desire to be notified an opportunity to provide information to the
Military Department C&PB in advance of its determination, as documented in the confinement
file.
i. A prisoner requesting parole shall submit a supervision plan and agree in writing to abide
by that plan. The supervision plan shall indicate, at a minimum, where and with whom the
supervisee will live and, except in the case of a medically disabled prisoner, either guaranteed
employment, an offer of effective assistance to obtain employment, or acceptance in a valid
educational or vocational program, and, if applicable, a restitution plan.
j. Parole may be granted until the expiration of a prisoner’s full sentence regardless of GCT
or other sentence abatements. Prisoners who accept parole shall waive all GCT, ET, and SAA,
earned up to the date of release on parole.
k. A prisoner who is denied parole shall be provided a written explanation. A prisoner
denied parole may submit a parole appeal within 30 calendar days of notification of the denial.
The Secretary concerned shall make the final decision on parole appeals. After the appropriate
authority makes a final decision, no further appeal is authorized.
l. A supervisee shall remain on supervision provided the supervisee complies with the
conditions of supervision. The Military Department C&PB, as an act of clemency, may end
supervision before the expiration of a prisoner’s full sentence.
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19. ELIGIBILITY, PROCEDURES, AND SELECTION OF PRISONERS FOR MSR AT
THEIR MRD
a. Eligibility. Only a prisoner with an approved finding of guilty for an offense committed
after August 15, 2001, and who is eligible for parole, IAW paragraph 18.a. of this enclosure, is
eligible for MSR.
b. Procedures. When considering a prisoner for MSR, an MCF and the Military Department
C&PB shall apply the following procedures:
(1) An MCF shall inform a prisoner who is eligible for MSR, in writing using the
template provided in the figure at Appendix 2 of this enclosure, and ensure the prisoner
acknowledges receipt during reception/in-processing time period. The signed copy of the MSR
acknowledgement shall be filed in the prisoner’s confinement file.
(2) A prisoner who is returning to a military unit for continued duty (e.g., retention on
active duty, administrative discharge) shall not be reviewed by the Military Department C&PB
for MSR. A prisoner who is returning to a military unit for out-processing/appellate leave and is
otherwise eligible for parole shall be reviewed.
c. Criteria
(1) A prisoner whose approved sentence (or adjudged sentence, if the convening
authority has not acted) to confinement is less than 3 years shall not normally be reviewed by the
Military Department C&PB for MSR, but shall be reviewed by the MCF commander. If an MCF
commander determines that MSR may be appropriate for such a prisoner, the commander shall
forward a recommendation to the Military Department C&PB for a decision at the prisoner’s last
Military Department C&PB review before the prisoner’s MRD. The recommendation and case
file shall be forwarded to the Military Department C&PB, whenever possible, no later than
4 months prior to the prisoner’s MRD.
(2) The Military Department C&PB shall review all prisoners for MSR, including those
prisoners returned to confinement as a supervision violator, with an approved sentence (or
adjudged sentence, if the convening authority has not acted) to confinement of 3 years or longer.
(3) When considering a prisoner for release on supervision, the MCF commander shall
provide all witnesses listed on the DD Form 2704 who indicated a desire to be notified an
opportunity to provide information to the Military Department C&PB in advance of its
determination, as documented in the confinement file.
(4) The Military Department C&PB may direct the review of any prisoner for MSR and
can direct the MCF to have any prisoner with less than a 3-year sentence to confinement provide
an MSR supervision plan for the Military Department C&PB review as a prerequisite for release
on MSR. A prisoner with a 3-year sentence to confinement or longer must prepare an MSR
supervision plan for review before the Military Department C&PB reviews the prisoner for
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MSR, and the plan must be acceptable to the Military Department C&PB before the prisoner is
released on MSR.
(5) To accommodate these reviews, the MCF shall submit MSR documentation IAW
paragraph 19.d. of this enclosure.
(6) After the Military Department C&PB reviews and accepts an MSR supervision plan,
the facility will send the approved plan to the appropriate U.S. probation office for review and
approval by the supervising U.S. probation officer (USPO).
d. Submission Guidelines
(1) A case file shall be submitted to the Military Department C&PB on each prisoner
eligible for MSR IAW paragraph 19.c. of this enclosure. The case file shall be created in the
same manner as a request for parole consideration. It shall include an MSR supervision plan
(verified residence; verified employment, effective employment assistance, or acceptance into a
valid educational or vocational program) and, if applicable, a restitution plan. A prisoner’s
willful or negligent failure to prepare an acceptable supervision plan may result in a D&A board
and loss of GCT, ET, and SAA, for failure to follow an order or dereliction of duty. For
prisoners whose award of GCT, ET, or SAA is conditioned, as outlined in Appendix 3, the MCF
commanders shall not award the GCT, ET, or SAA until the supervisory USPO approves such a
plan. If the Military Department C&PB decides that MSR is not required for a prisoner, the
MCF commander shall award the GCT, ET, or SAA to the prisoner.
(2) A prisoner’s MSR supervision plan and case file will be considered at the prisoner’s
last disposition board before the prisoner’s MRD.
(3) Those prisoners not scheduled for a disposition board prior to their MRD or who
waive their last disposition board are still required to have their MSR supervision plan reviewed
for MSR by the Military Department C&PB. MCF commanders shall forward to the Military
Department C&PB an MSR supervision plan and case file on eligible candidates, whenever
possible, no later than 4 months prior to the MRD.
e. Military Department C&PB Responsibilities
(1) The Military Department C&PB will promptly review (within 45 days of receipt)
each supervision plan and case file.
(2) If a prisoner is approved for MSR, the Military Department C&PB shall promptly
transmit by electronic means its decisional documents (e.g., the DD Form 2716-1, “Department
of Defense Certificate of Parole”) and mail the originals to the MCF.
(3) The terms and conditions of MSR release, as determined by the Military Department
C&PB and identified in the MSR supervision plan, shall be communicated to the prisoner using
DD Form 2716-1. The Military Department C&PB may impose additional reasonable
supervision conditions to the MSR supervision plan that, in the judgment of the Military
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Department C&PB, would further a released prisoner’s orderly and successful transition to
civilian life, or that would protect better the communities into which the prisoner is released.
The Military Department C&PB, at its discretion or upon the request of the supervising USPO,
may modify any terms or conditions of supervision or may terminate supervision entirely. These
modifications shall be communicated in writing to the prisoner.
(4) If the Military Department C&PB should reject an MSR supervision plan, the plan
shall be returned promptly to the submitting MCF with an explanation of the plan’s deficiencies
for the prisoner’s expeditious review, revision, and resubmission by the prisoner through the
facility staff. The Military Department C&PB will notify the MCF when it is determined the
prisoner willfully or negligently did not submit an acceptable release plan in order for the MCF
to take appropriate action.
f. MCF Responsibilities. If MSR plans are rejected by the respective Military Department
C&PB, the MCF facilities:
(1) May consider a D&A board for the loss of GCT, ET, and SAA for a prisoner whose
failure to follow an order or dereliction of duty offense occurred before October 2, 2004, and
who is eligible for MSR and willfully or negligently fails to prepare an acceptable supervision
plan.
(2) Shall not award such credits, until such a plan is accepted by the Military Department
C&PB and approved by the supervising USPO for a prisoner whose offenses all occurred after
October 1, 2004, and thus whose award of GCT, ET, or SAA is conditioned on the prisoner
submitting an acceptable supervision plan.
20. RELEASING PROCEDURES FOR SUPERVISED RELEASE (PAROLE OR MSR)
a. Supervised Release. “Supervised release” refers to both parole and MSR, and a prisoner
on parole or MSR is a “supervisee.”
b. MCF Responsibilities and General Provisions
(1) A prisoner who meets the criteria for MSR review (see subparagraphs 19.c.(1),
19.c.(2), and 19.c.(4) of this enclosure) shall not be released at his or her MRD without first
being considered and approved or disapproved for MSR in writing by the Military Department
C&PB. If the facility has not received a decision on a prisoner’s MSR from the respective
Military Department C&PB 90 days prior to the prisoner’s projected MRD, the MCF commander
will contact the Military Department C&PB for guidance and resolution. The Military
Department C&PB will provide by fax, or by a similarly prompt written communication, an
MSR decision no later than 75 days before the prisoner’s projected MRD. If the MCF has not
received a decision 60 days prior to the prisoner’s projected MRD, the MCF commander shall
contact its correctional headquarters for assistance in resolving the lack of a decision by the
Military Department C&PB.
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(2) Upon notification that a prisoner has been selected for supervised release, the MCF
shall notify the prisoner and coordinate the supervision plan with the appropriate USPO. The
prisoner shall acknowledge in writing the receipt of the terms and conditions of supervision and
any modifications. The prisoner may request, in writing, reconsideration of the MSR decision or
modification of its conditions through the MCF commander to the Military Department C&PB
within 30 calendar days of notification of the selection. The appropriate Military Department
C&PB official will make the final decision.
(3) If the prisoner refuses to acknowledge receipt in writing of an order onto MSR, the
notification shall be witnessed, certifying that the prisoner was advised of the terms and
conditions of MSR and of the provisions of the release including the loss of GCT, ET, and SAA
for willful failure to comply with all aspects of the DoD MSR program.
(4) The departure of the prisoner from the MCF constitutes acceptance of the terms and
conditions of MSR and operates as a waiver of all accrued GCT, ET, and SAA.
(5) If the prisoner refuses to depart the MCF, the prisoner is subject to disciplinary
action. A prisoner who refuses to accept the conditions of supervision may forfeit all earned
GCT, ET, and SAA. For prisoners whose award of GCT, ET, or SAA is conditioned, as outlined
on the appropriate decisional documents, on an acceptable supervision plan, the MCF
commander shall not award the abatement.
(6) If the USPO has not approved the supervision plan 30 days before the prisoner’s
projected MRD, the MCF commander or designated representative shall notify the respective
Military Department C&PB, which shall work with the USPO to resolve any problems.
(a) If due to the sole fault of the MCF staff, the Military Department C&PB, or the
USPO, a supervision plan has not been reviewed or a prisoner is unable to provide an acceptable
supervision plan to either the Military Department C&PB or the USPO, the prisoner shall not be
held past the prisoner’s projected MRD.
(b) The Military Department C&PB shall determine, no later than 10 days before the
prisoner’s projected MRD, whether the failure to provide an acceptable plan was willful or
otherwise at the fault of the prisoner. A prisoner’s willful or negligent failure to prepare an
acceptable supervision plan may result in a D&A board and loss of GCT, ET, and SAA, for
failure to follow an order or dereliction of duty. The prisoner will be given a new projected
MRD and subject to another MSR review and plan approval. For prisoners whose award of
GCT, ET, or SAA is conditioned, as outlined in Appendix 3, the MCF commanders shall not
award the GCT, ET, or SAA until the supervisory USPO approves such a plan or the prisoner
reaches his/her maximum release date.
(c) If the Military Department C&PB determines a prisoner was at fault in not
providing or willfully or negligently did not provide an acceptable supervision plan, the prisoner
may appeal that decision within 30 calendar days of notification of the Military Department
C&PB’s decision. The Secretary concerned authorized to make final decisions on parole appeals
shall make the final decision on these appeals.
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(7) Within 3 duty days after the prisoner’s release, the MCF shall send the Military
Department C&PB an electronic copy of the signed supervised release certificate and signed
attachments, and the supervising USPO’s name, telephone number, fax number, and address.
(8) The MCF shall maintain prisoner files and perform all administrative responsibilities
for all supervisees assigned to that MCF.
(9) The MCF shall ensure Victim/Witness Assistance Program (V/WAP), DNA sample
collection, and sex offender registration and notification requirements are met.
(10) V/Ws shall be notified that the prisoner will be released and where the prisoner will
reside, along with the contact information for the prisoner’s USPO.
(11) The MCF shall prepare and submit Federal Bureau of Investigation (FBI) Form I-
12, “Flash/Cancellation Notice,” on each prisoner released on supervised release.
(12) In addition to the provisions of the terms and conditions of supervision, and any
modifications and other correspondence from the Military Department C&PB to the supervising
USPO, the MCF shall provide (to the supervising USPO):
(a) The prisoner’s background information (i.e., educational level, programs
completed in confinement, including vocational, treatment, and self-growth programs).
(b) A mental health synopsis of the prisoner.
(c) Court-martial orders reflecting convening authority action; if not completed, the
result of trial.
(d) The Stipulation of Fact, if any, from the record of trial.
(e) A statement or evidence indicating the prisoner’s DNA sample was collected and
sent to the repository.
(f) A statement or record indicating sex offender notifications, if necessary, have
been made, to federal, State, and local authorities.
(g) The names and addresses of Vs/Ws registered with the facility V/W assistance
coordinator for the purpose of managing the supervisee’s release plan. The USPO will be
informed that the names and addresses are not to be disclosed to any third party without the
consent of the MCF V/W assistance coordinator.
(h) A memorandum stating the Vs/Ws have been notified of the approximate date
the prisoner will be released on supervision and the city and State to which the prisoner has been
released.
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(i) A memorandum requesting that the supervising USPO provide written notice to
the MCF and the Military Department C&PB if the supervisee is transferred to another district.
c. Military Department C&PB Responsibilities. The Military Department C&PB:
(1) May establish and subsequently modify conditions of supervision as reasonable and
appropriate, to include a restitution plan, participation and progress in substance abuse or sex-
offender treatment or participation in counseling or therapy programs. The conditions of
supervision shall include a requirement that the supervisee shall comply with State and local
registration requirements, such as sex-offender registration, that apply in the location in which
the supervisee will reside. The Military Department C&PB may use DD Form 2716, “Parole
Acknowledgement Letter,” and DD Form 2716-1, “Department of Defense Certificate of
Supervised Release,” for these purposes.
(2) Assists the MCF to coordinate supervision plans with the USPOs as necessary.
(3) Maintains a case file on all supervisees.
21. MONITORING PROCEDURES DURING SUPERVISED RELEASE (PAROLE AND
MSR)
a. MCF Responsibilities. The MCF:
(1) Maintains prisoner confinement files for all supervisees placed on supervised release
IAW Service regulations.
(2) Ensures V/WAP requirements are met IAW section 24 of this enclosure.
(3) Provides Military Department C&PB with prisoner files upon request.
b. Military Department C&PB Responsibilities. Military Department C&PBs:
(1) Coordinate directly with the supervising USPO concerning any modifications to the
supervision plan, release conditions, and violations of the conditions of supervision and provide
copies of the decisional documents for such actions to the MCF for inclusion in the prisoner’s
file.
(2) Receive clemency matters from the supervisee and the supervising USPO for
clemency review.
(3) Coordinate with facility for V/W notification IAW section 24 of this enclosure.
(4) Maintain a case file on all supervisees IAW Service regulations.
22. PROCEDURES FOR REVOKING SUPERVISED RELEASE (PAROLE OR MSR)
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a. On receipt of credible information that a supervisee may have violated a condition of
supervision, the Military Department C&PB concerned may suspend the supervision, determine
the supervisee violated a condition of supervision, and, if so, revoke the supervisee’s
supervision. The Military Department C&PB may also order the supervisee’s return to military
custody pending resolution of the alleged violation. A supervisee released from FBOP will not
be returned to military custody but will be returned to the designated federal facility assigned by
the FBOP.
(1) When a supervisee has been suspended, the Military Department C&PB shall
determine promptly whether probable cause exists to believe a supervisee violated a condition of
supervision. A Military Department C&PB may order a preliminary interview to make a
recommendation to the Military Department C&PB as to whether probable cause exists in order
to proceed to a supervision violation hearing. The Military Department C&PB may determine
that such probable cause exists without a preliminary interview; e.g., the supervisee absconds
supervision, or pleads guilty to, is convicted of, or a court takes action tantamount to, a finding
of guilty for an offense that is punishable by imprisonment, or if a civilian court issues a warrant
for the supervisee’s arrest or orders a supervisee’s continued confinement or IAW subparagraph
22.a.(3) of this enclosure.
(2) If a preliminary interview is performed to determine whether probable cause exists, it
shall normally provide the following process:
(a) The interview shall be conducted by a neutral and detached person.
(b) The supervisee shall be provided written notice of the preliminary interview,
including the purpose of that interview.
(c) The supervisee shall be given notice of the evidence on which the preliminary
interview is based and an opportunity to be heard and to present relevant matters. Witnesses
called by the supervisee shall be at no expense to the Government.
(d) When requested by a supervisee not represented by a civilian attorney, a military
attorney shall be provided, as designated by defense services of the appropriate Military
Department; however, the supervisee has no right to a military attorney of his or her choice.
(e) If the person conducting the preliminary interview finds probable cause to believe
that the supervisee violated any condition of supervision, the Military Department C&PB may
order a supervision violation hearing.
(3) When a supervisee’s supervision has been suspended and the supervisee has been
returned to military custody, the Military Department C&PB may determine a supervision
violation hearing can be held as promptly as a preliminary interview. In such a case, the
Military Department C&PB may forgo the preliminary interview to determine whether probable
cause exists to believe a supervisee violated a condition of supervision and order a supervision
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violation hearing to determine whether the supervisee violated a condition of supervision and, if
so, whether to revoke the supervisee’s supervision.
(4) The violation hearing shall be conducted before a supervisee’s parole or MSR is
revoked.
(5) When a supervision violation hearing is performed, it shall normally provide the
following process:
(a) Unless the supervisee is returned to military custody, it shall normally be held at
or near the place of the alleged violation. When the supervisee has been returned to an MCF or
is confined by civil authorities, the supervision violation hearing may be held at the place of
confinement.
(b) The prisoner’s Military Department C&PB shall appoint a hearing officer or
panel to conduct a supervision violation hearing. The hearing officer or panel shall be neutral
and detached, and need not be, or include, a judicial officer or attorney.
(c) The supervisee shall be given written notice of the violation hearing. The notice
to the supervisee shall inform the supervisee of the alleged violation, the purpose of the
supervision violation hearing, the evidence on which the supervision violation hearing is based,
the supervisee’s rights at the supervision violation hearing, and the options available to the
Military Department C&PB.
(d) Evidence on which a finding of violation may be based shall be disclosed to the
supervisee at least 10 days before the supervision violation hearing. If evidence supporting a
supervision violation is discovered subsequent to the hearing, the supervisee shall be given 10
days to respond in writing to the new evidence.
(e) The scope of a supervision violation hearing shall be limited to the examination
of evidence of an alleged supervision violation, relevant questioning of witnesses, pertinent
statements as to an alleged supervision violation, whether the supervision should be revoked, and
whether the supervisee should be re-incarcerated.
(f) The supervisee may present, at no expense to the Government, witnesses and
documentary evidence on his or her behalf and may cross-examine adverse witnesses subject to
limitations imposed by the hearing officer or panel for good cause. The hearing officer or panel
may limit or exclude any irrelevant or repetitious witness, statement, question, or documentary
evidence.
(g) If the supervision violation hearing is not held at or near the place of the alleged
violation, the hearing officer should make reasonable efforts to contact and to have those
witnesses requested by the supervisee testify by phone, unless the hearing officer determines the
witness’s testimony is irrelevant, repetitious or could be presented adequately through another
medium, such as documentary evidence.
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(h) The supervisee may be represented at a supervision violation hearing by a civilian
attorney or other representative of his or her choice at no expense to the Government. When
requested by a supervisee not represented by a civilian attorney, a military attorney shall be
provided, as designated by Defense Services of the appropriate Military Department; however,
the supervisee has no right to a military attorney of his or her choice.
1. The role of any representative or attorney shall be limited to the examination
of witnesses, presentation of evidence, and the offering of a statement on the supervisee’s behalf
as to whether supervision should be revoked. Challenges to the supervision violation hearing
proceeding shall not be permitted.
2. If the supervisee requests a military attorney and the supervision violation
hearing is held in an MCF, the legal/judge advocate office that supports the MCF shall provide
any authorized defense services relating to the hearing. In those rare cases when the legal/judge
advocate office cannot provide support relating to a supervision violation hearing, it or the
correctional headquarters will provide in writing to the supervisee’s Military Department C&PB
(with a copy to OSD(P&R) LP) a detailed justification for its inability to support the hearing.
3. If the supervisee requests a military attorney and the supervision violation
hearing is held in the local community; e.g., without the supervisee’s return to an MCF, the
supervisee’s Military Service shall provide any authorized military defense services relating to
the hearing.
(6) Supervision may be revoked based on a finding that a supervisee has violated a
condition of supervision by failure to pay a fine or make restitution only if the supervisee refused
to pay the fine or make restitution when the supervisee had sufficient resources; or the supervisee
failed to make sufficient bona fide efforts to obtain employment, or legally acquire funds with
which to pay the fine or make restitution. If the supervisee could not pay the fine or make
restitution, despite sufficient bona fide efforts to acquire the resources to do so, supervision may
be revoked only if no alternative disposition exists that will adequately serve the need for good
order and discipline within the Military Services and the correctional treatment of the supervisee.
(7) A supervisee may waive a preliminary interview or a supervision violation hearing or
both. The Military Department C&PB, at any stage of investigating an alleged supervision
violation, may offer the supervisee an expedited proceeding. The offer will summarize the facts
and explain that the Military Department C&PB believes it has the facts to determine appropriate
action in the case; the general due process to which the supervisee is entitled in a preliminary
interview or supervision violation hearing or both; and the action the Military Department C&PB
will take if the supervisee waives the specific due process entitled. If the supervisee does not
accept the expedited proceedings, the Military Department C&PB will not consider that decision
in making its final decision in the supervisee’s case.
(8) A Military Department C&PB shall take final action on the findings and
recommendations of the officer or panel conducting a supervision violation hearing. A
determination by a Military Department C&PB to revoke supervision shall be supported by a
preponderance of the evidence, as determined by the Military Department C&PB, that the
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supervisee has violated a condition of supervision and that the violation warrants supervision
revocation. The fact that a supervisee has neither committed a criminal offense nor been
convicted of committing a criminal offense does not prevent a decision to revoke supervision.
b. A prisoner whose parole or MSR is revoked shall receive credit for time spent on
supervision except:
(1) If, after being released on supervision, the supervisee commits and pleads guilty to, is
convicted of, or a court takes action tantamount to a finding of guilty to a new offense that is
punishable by a term of imprisonment (even if no imprisonment is actually imposed), the
Military Department C&PB may order the forfeiture of the time from the date after release to the
date of suspension, revocation, or return to custody to serve the military sentence. To support
sentence computation, the Military Department C&PB shall provide the MCF commander in
writing the inclusive dates of credit. Such forfeited time shall not be credited to the service of
the military sentence. If such plea, finding, action, or conviction occurs subsequent to a
supervision violation hearing, a Military Department C&PB may reconsider the forfeiture of
time served on supervision or other disposition, as appropriate.
(2) If the Military Department C&PB finds that a supervisee refused or failed to respond
to any reasonable request, order, or summons of a Military Department C&PB or any agent
thereof, including the assigned USPO, or if a Military Department C&PB finds that the
supervisee was not in material compliance with the conditions of supervision, a Military
Department C&PB may order the forfeiture of time from the date of the refusal, failure, or
violation to the date of revocation or return to custody to serve the military sentence. The length
of time between release on supervision and the refusal, failure, or violation, and the nature and
seriousness of the misconduct shall be considered in determining whether a supervisee was ever
in material compliance with the supervision conditions.
c. The computation of any sentence to be served will be done IAW Reference (m) for a
prisoner’s sentence adjudged after July 26, 2004, or Service regulations for a prisoner with a
sentence adjudged before July 27, 2004.
23. RELEASE PROCEDURES
a. MCF commanders shall ensure that DD Form 2708, “Receipt For Pre-Trial/Post Trial
Prisoner or Detained Person” or comparable documentation is prepared and maintained to reflect
that a prisoner has been taken out of an MCF for any reason.
b. MCF commanders shall ensure that DD Form 2717, “Department of Defense
Voluntary/Involuntary Appellate Leave Action,” or comparable documentation is prepared and
maintained when a prisoner with an unexecuted punitive discharge is released from confinement.
c. MCF commanders shall ensure that DD Form 2718, “Prisoner’s Release Order,” or
comparable documentation is prepared and maintained upon each prisoner’s final release from
the facility.
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d. MCF commanders shall not release a prisoner whose sentence has been set aside by the
decision of an appellate court until such release is specifically directed by The Judge Advocate
General of the prisoner’s Service or other competent authority.
e. Before final release from confinement, MCF commanders shall advise a prisoner
convicted at a general or special court-martial of an offense requiring registration as a sex
offender (see Tables 4 and 5 at Appendix 4 for a list of covered offenses) of the registration
requirements of the State, tribe, or territory in which the prisoner will reside upon release from
confinement. The notice provided to a prisoner shall contain information that the prisoner is
subject to a registration requirement as a sex offender in any State, tribe, or territory in which the
person resides, is employed, carries on a vocation, or is a student, and that the MCF commander
has made or shall make the notifications to local, State, tribe, or territory law enforcement
officials discussed in paragraph 23.f., of this enclosure.
(1) MCF commanders shall ensure that all available records concerning a prisoner are
reviewed to determine if the prisoner has been convicted of a covered offense at a general or
special court-martial. The notice requirements shall apply to all prisoners who were convicted of
a covered offense at a general or special court-martial whenever the records fail to reflect a prior
notice has been made.
(2) MCFs shall obtain the prisoner’s acknowledgement in writing that the prisoner was
informed of the registration requirements using DD Form 2791, “Notice of
Release/Acknowledgement of Convicted Sex Offender Registration Requirements,” or
equivalent. The documentation shall be made part of the prisoner’s permanent file and
maintained by the prisoner’s branch of Service according to policies and regulations prescribed
by the Secretary concerned.
f. Before release of a prisoner convicted of a covered sex offense (see Appendix 4), at a
general or special court-martial, MCF commanders shall provide written notice of the release to
U.S. Marshals Service, National Sex Offender Targeting Center; the chief law enforcement
officer of the State, tribe, territory, or local jurisdiction in which the prisoner will reside; and to
the State or local agency responsible for the receipt or maintenance of a sex offender registration
in the State, tribe, territory, or local jurisdiction in which the person will reside. MCF
commanders shall ensure that all available records concerning a prisoner are reviewed to
determine if the prisoner to be released has been convicted of a covered offense at a general or
special court-martial.
(1) The chief law enforcement officer of the tribe or local jurisdiction is the appropriate
municipal or county law enforcement agent with jurisdictional authority consistent with the
prisoner’s release address. When multiple jurisdictions have overlapping authority, the more
geographically specific agency should be notified. MCF commanders may refer to the National
Directory of Law Enforcement Administrators to identify appropriate State, tribe, territory, and
local chief law enforcement officers.
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 ENCLOSURE 2
(2) The written notice provided pursuant to this paragraph shall include the place where
the prisoner intends to reside and information that the prisoner shall be subject to registration.
The notice shall also include the prisoner’s criminal history and a description of the offense of
which the prisoner was convicted and any restrictions or conditions of release.
(3) Notice shall be provided at least 5 days before release date if the expected place of
residence following release is known to the MCF.
(4) The Secretaries concerned shall establish a system to verify that required
notifications have been made for prisoners and military members whose sentences do not include
confinement.
(5) Notice about a subsequent change of residence by a prisoner falling within this
paragraph during any period of supervised release or parole will be provided to State, tribal,
territorial, or local authorities as well as the U.S. Marshals Service National Sex Offender
Targeting Center.
(6) Notification to State, tribal, territorial, and local authorities as well as the U.S.
Marshals Service, National Sex Offender Targeting Center is not required for a military prisoner
transferred to another MCF. However, upon the transfer of a military prisoner who is subject to
this paragraph to a facility under the control of the FBOP, the MCF from which the prisoner is
being transferred shall provide written notification to the FBOP that the prisoner has been
convicted of a covered sex offense at a general or special court-martial. If a military prisoner
remains confined in a facility under the control of the FBOP until the time of release, the FBOP
shall provide notice of release and inform the prisoner concerning registration obligations.
24. V/W ASSISTANCE REQUIREMENTS
a. The V/WAPs established by each Service shall include procedures to provide timely
advance notice to those victims and witnesses indicating a desire to be so notified of any
significant change in the status of a prisoner confined in an MCF. Notifications and procedures
shall be consistent with Reference (p) and DoDD 1030.01 (Reference (q)). Any victim or
witness shall, at the discretion of the Secretary concerned, be afforded an opportunity to make a
personal appearance at a Military Department C&PB hearing.
b. The Military Services shall establish and administer a central repository to serve as a
clearinghouse of information on a prisoner’s status and to collect and report data on V/W
assistance, including notification of changes in a prisoner’s confinement status.
c. Upon confinement of a prisoner, the facility staff shall review the DD Form 2704 to
ensure it is properly completed. If there is a question concerning named persons or contact
information, it will be immediately referred to the appropriate Staff Judge Advocate for
correction.
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 ENCLOSURE 2
25. DNA COLLECTION AND ANALYSIS REQUIREMENTS
a. IAW DoDI 5505.14 (Reference (r)), MCF commanders shall verify that a prisoner
confined, or to be confined, in their facility as a result of any general or special court-martial
conviction has had a DNA sample taken and submitted to the United States Army Criminal
Investigative Laboratory (USACIL).
b. When such prisoners are ordered into confinement, the commander must present adequate
documentation indicating that a DNA sample has been taken to be submitted to USACIL.
c. MCF commanders may accept such prisoners into their MCF without adequate
documentation that a DNA sample has been received by USACIL, but they must contact
USACIL to confirm receipt of the DNA sample. If USACIL cannot confirm receipt of the DNA
sample sent in a timely manner, MCF commanders must collect and forward to USACIL a DNA
sample using the procedures found in Reference (r).
d. MCF commanders will ensure that a Service member who has been ordered into pretrial
confinement by a competent military authority has a DNA sample taken and submitted to
USACIL after completion of the commander’s 72-hour memorandum required by Rule for Court
Martial 305(h)(2)(C) of Reference (p).
e. Nothing in this section requires an additional DNA sample to be taken and submitted if
USACIL confirms receipt of a DNA sample taken.
26. DoD FORMS. For a list of DoD forms used for the administration of MCFs, see Appendix
5 of this enclosure. The forms can be found at the DoD Forms Management Program website:
http://www.esd.whs.mil/Directives/forms/.
Appendixes:
1. Offense Severity Scale (Alphabetical) UCMJ Codes for DoD Use
2. Acknowledgement of Mandatory Supervised Release (MSR Briefing)
3. Abatement of Sentences to Confinement
4. Listing of Offenses Requiring Sex Offender Processing
5. DoD Forms
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
APPENDIX 1 TO ENCLOSURE 2
OFFENSE SEVERITY SCALE (ALPHABETICAL) UCMJ CODES FOR DoD USE
The offense severity scale will be used when an offense severity is scored to determine risk to
include classification and parole worksheet. Severity of offenses marked with an asterisk (*) are
to be determined on a range of 1 through 8 by the classifier. Maximum punitive discharge is
categorized as: Bad Conduct Discharge (BCD); Dishonorable Discharge (DD); or None, as
applicable. A death sentence includes a dishonorable discharge or dismissal (in the case of an
officer) as appropriate. Confinement is a necessary incident of a sentence of death, but not a part
of it. (See “Other Penalties”, Rule for Courts-Martial 1004(e) of Reference (p)). Maximum
confinement is noted by: years (Y); months (M); Life; mandatory minimum life with or without
eligibility for parole (MLif), Death; or as prescribed (PRES).
Table 1. UCMJ Codes For DoD Use
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
082-A Solicit: Commit/Attempt * None
082-B1 Solicit: Desert 3 DD 3 Y
082-B2 Solicit: Mutiny 5 DD 10 Y
082-B3 Solicit: Misbehave Before
Enemy
5 DD 10 Y
082-B4 Solicit: Act of Sedition 5 DD 10 Y
083-A- Fraudulent Enlistment 3 DD 2 Y
083-B- Fraudulent Separation 3 DD 5 Y
084-A- Unlawful
Enlistment/Appointment
3 DD 5 Y
084-B- Unlawful Separation 3 DD 5 Y
085-A- Desert: Avoid Duty,
Hazardous
4 DD 5 Y
085-B1 Desert: Terminate by
Apprehension
3 DD 3 Y
085-B2 Desert: Otherwise
Terminate
2 DD 2 Y
085-C1 Desert: Before Notice:
Apprehend
3 DD 3 Y
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
085-C2 Desert: Before Notice: Other 1 DD 2 Y
085-D- Desert: In Time of War 8 Death Life
086-A1 UA: From Place of Duty 1 None 1 Month (M)
086-A2 UA: To Place of Duty 1 None 1 M
086-B1 UA: 3 Days or Less 1 None 1 M
086-B2 UA: Over 3 Less than 30 Days 1 None 6 M
086-B3 UA: Over 30 Days 1 DD 1 Y
086-B4 UA: Over 30 Apprehended 2 DD 18 M
086-C1 UA: Watch or Guard 1 None 3 M
086-C2 UA: Intent to Abandon 1 BCD 6 M
086-D- UA: Avoid Maneuvers 1 BCD 6 M
087-A- Miss Movement: Design 2 DD 2 Y
087-B- Miss Movement: Neglect 1 BCD 1 Y
088--- Contempt toward Officials 2 DIS 1Y
089--- Disrespect toward Superior 1 BCD 1 Y
090-A1 Assault: CWO by WO or
Enlisted
5 DD 10 Y
090-A2 Assault: In Time of War 8 Death Life
090-B1 Disobey: Lawful Order of
Commissioned Officer
3 DD 5 Y
090-B2 Disobey: In Time of War 8 Death Life
091-A1 Assault: CWO by WO or
Enlisted
3 DD 5 Y
091-A2 Assault: Superior NCO/PO 2 DD 3 Y
091-A3 Assault: Other NCO/PO 2 DD 1 Y
091-B1 Disobey: CWO 2 DD 2 Y
091-B2 Disobey: NCO or PO 1 BCD 1 Y
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
091-C1 Disrespect: CWO in
Execution of Office
2 BCD 9 M
091-C2 Disrespect: Superior NCO/PO
in Execution of Office
2 BCD 6 M
091-C3 Disrespect: Other NCO/PO in
Execution of Office
1 None 3 M
092-A0 Fail to Obey General Order:
Other
2 DD 2 Y
092-A1 Fail to Obey General Order:
Appearance
2 DD 2 Y
092-A2 Fail to Obey General Order:
Black Market
2 DD 2 Y
092-A3 Fail to Obey General Order:
Fraternization
2 DD 2 Y
092-A4 Fail to Obey General Order:
Paraphernalia
2 DD 2 Y
092-A5 Fail to Obey General Order:
Security
2 DD 2 Y
092-A6 Fail to Obey General Order:
Sexual Harassment
2 DD 2 Y
092-A7 Fail to Obey General Order:
Standards Of Conduct
2 DD 2 Y
092-A8 Fail to Obey General Order:
Traffic
2 DD 2 Y
092-A9 Fail to Obey General Order:
Weapons
2 DD 2 Y
092-B- Fail to Obey Other Order 1 BCD 6 M
092-C1 Derelict Duties: Neglect 1 None 3 M
092-C2 Derelict Duties: Willful 2 BCD 6 M
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
092C2A Derelict Duties: Willful
Misuse of Government Travel
Card
2 BCD 6 M
092C2B Derelict Duties: Willful
Misuse of Government
Purchase Card
2 BCD 6 M
093--- Cruelty of Subordinates 3 DD 1 Y
094-A1 Mutiny: By Violence or
Disturbance
8 Death Life
094-A2 Mutiny: Refusing To Obey
Orders or Perform Duty
8 Death Life
094-A3 Mutiny: Failure to Prevent or
Suppress
8 Death Life
094-A4 Mutiny: Failure to Report 8 Death Life
094-B1 Sedition 8 Death Life
094-B2 Sedition: Failure to Prevent or
Suppress
8 Death Life
094-B3 Sedition: Failure to Report 8 Death Life
095-A- Resist Apprehension 2 BCD 1 Y
095-B- Break Arrest 1 BCD 6 M
095-C- Escape from Custody 3 DD 1 Y
095-D1 Escape from Pretrial
Confinement
3 DD 1 Y
095-D2 Escape from Post-Trial
Confinement
3 DD 5 Y
096-A- Release Prisoner without
Authority
3 DD 2 Y
096-B1 Allow Escape: Neglect 1 BCD 1 Y
096-B2 Allow Escape: Design 3 DD 2 Y
097--- Unlawful Detention 4 DD 3 Y
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
098-A- Delay Disposition of Case 1 BCD 6 M
098-B- Fail to Enforce Procedural
Rules
3 DD 5 Y
099-A- Before Enemy: Run Away 8 Death Life
099-B- Before Enemy: Shameful
Abandon/Surrender/Deliver
Command
8 Death Life
099-C- Before Enemy: Endanger
Command/Unit/Place/Ship
8 Death Life
099-E- Before Enemy: Cowardly
Conduct
8 Death Life
099-F- Before Enemy: Quit Place of
Duty to Plunder/Pillage
8 Death Life
099-G- Before Enemy: Cause False
Alarms
8 Death Life
099-H- Before Enemy: Willful Failure
to Encounter Enemy
8 Death Life
099-I- Before Enemy: Fail to Afford
Relief or Assistance
8 Death Life
100-A- Compel Surrender 8 Death Life
100-B- Strike Flag Before Enemy 8 Death Life
101-A- Disclose Parole/Countersign to
Unauthorized
8 Death Life
101-B- Give Parole/Countersign
Different from Authorized
8 Death Life
102--- Forcing Safeguard 8 Death Life
103-A1 Fail to Secure Property: $500
or Less
1 BCD 6 M
103-A2 Fail to Secure Property: More
than $500
3 DD 5 Y
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
103-B1 Fail to Report/Turn Over
Property: $500 or Less
1 BCD 6 M
103-B2 Fail to Report/Turn Over
Property: More than $500
3 DD 5 Y
103-C1 Dealing In Captured Property:
$500 or Less
1 BCD 6 M
103-C2 Dealing In Captured Property:
More than $500
3 DD 5 Y
103-D- Looting, Pillaging 7 DD Life
104-A- Aiding the Enemy 8 Death Life
104-B- Harboring or Protecting the
Enemy
8 Death Life
104-C- Giving Intelligence to the
Enemy
8 Death Life
104-D- Communicating With the
Enemy
8 Death Life
105-A- Misconduct as POW: For
Favorable Treatment
7 DD Life
105-B- Misconduct as POW: Maltreat
Prisoner
7 DD Life
106--- Spying 8 Death N/A
106-A- Espionage 8 Death Life
107-A- Sign False Document 3 DD 5 Y
107-B- False Official Statements 3 DD 5 Y
108-A1 Sell Military Property: $500
or Less
1 BCD 1 Y
108-A2 Sell Military Property: More
than $500
4 DD 10 Y
108-A3 Sell Military Property:
Firearm or Explosive
4 DD 10 Y
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
108-B1 Neglect: Damage Milt
Property: $500 or Less
1 None 6 M
108-B2 Neglect: Damage Milt
Property: More than $500
2 BCD 1 Y
108-C1 Willful Damage Military
Property: $500 or Less
1 BCD 1 Y
108-C2 Willful: Damage Military
Property: More than $500
4 DD 10 Y
108-C3 Willful Damage Military
Property: Firearm or
Explosive
4 DD 10 Y
109-A1 Waste or Spoil Nonmilitary
Property: $500 or Less
1 BCD 1 Y
109-A2 Waste or Spoil Nonmilitary
Property: More than $500
3 DD 1 Y
109-B1 Destroy or Damage
Nonmilitary Property: $500 or
Less
1 BCD 1 Y
109-B2 Destroy or Damage
Nonmilitary Property: More
than $500
3 DD 5 Y
110-A- Hazard Vessel: Willful 8 Death Life
110-B- Hazard Vessel: Negligent 4 DD 2 Y
111-A1 Drunk Driving: Personal
Injury
2 DD 18 M
111-A2 Drunk Driving: Other Cases 1 BCD 6 M
111-B1 Reckless Driving: Personal
Injury
2 DD 18 M
111-B2 Reckless Driving: Other Cases 1 BCD 6 M
112--- Drunk on Duty 1 BCD 9 M
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
112AA1 Drugs: Possess Schedule I, II,
or III Drugs
3 DD 5 Y
112AA2 Drugs: Possess Schedule IV or
V Drugs
1 DD 2 Y
112AA3 Drugs: Possess Marijuana
Less than 30 Grams
1 DD 2 Y
112AA4 Drugs: Possess Marijuana
More than 30 Grams
3 DD 5 Y
112AB1 Drugs: Possess w/Intent to
Distribute Schedule I, II, or III
5 DD 15 Y
112AB2 Drugs: Possess w/Intent to
Distribute Schedule IV or V
4 DD 10 Y
112AB3 Possess with Intent to
Distribute Marijuana
5 DD 15 Y
112AC1 Drugs: Use Schedule I, II, or
III Drugs
3 DD 5 Y
112AC2 Drugs: Use Schedule IV or V
Drugs
1 DD 2 Y
112AC3 Drugs: Use Marijuana Less
than 30 Grams
1 DD 2 Y
112AC4 Drugs: Use Marijuana More
than 30 Grams
3 DD 5 Y
112AD1 Drugs: Distribute Schedule I,
II, or III Drugs
5 DD 15 Y
112AD2 Drugs: Distribute Schedule IV
or V Drugs
4 DD 10 Y
112AD3 Distribution of Marijuana 5 DD 15 Y
112AE1 Drugs: Manufacture Schedule
I, II, or III Drugs
5 DD 5 Y
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
112AE2 Drugs: Manufacture Schedule
IV or V Drugs
4 DD 2 Y
112AE3 Drugs: Manufacture
Marijuana Less than 30 Grams
1 DD 2 Y
112AE4 Drugs: Manufacture Marijuana
More than 30 Grams
3 DD 5 Y
112AF1 Drugs: Mfg w/Intent to
Distribute Schedule I, II, or III
5 DD 15 Y
112AF2 Drugs: Mfg w/Intent to
Distribute Schedule IV or V
4 DD 10 Y
112AG1 Drugs: Introduce Schedule I,
II, or III Drugs
3 DD 5 Y
112AG2 Drugs: Introduce Schedule IV
or V Drugs
1 DD 2 Y
112AG3 Drugs: Introduce Marijuana
Less than 30 Grams
1 DD 2 Y
112AG4 Drugs: Introduce Marijuana
More than 30 Grams
4 DD 5 Y
112AH1 Drugs: Introduce w/Intent to
Distribute Schedule I, II, or III
5 DD 15 Y
112AH2 Drugs: Introduce w/Intent to
Distribute Schedule IV or V
4 DD 10 Y
112AH3 Introduce with Intent to
Distribute Marijuana
5 DD 15 Y
112AI1 Drugs: Import and/or Export
Schedule I, II, or III
5 DD 15 Y
112AI2 Drugs: Import and/or Export
Schedule IV or V
4 DD 10 Y
112AI3 Import/Export Marijuana 5 DD 15 Y
113-A1 Misbehave: Sentinel in War 8 Death Life
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
113-A2 Misbehave: Sentinel with
Special Pay
5 DD 10 Y
113-A3 Misbehave: Sentinel other
Places
2 DD 1 Y
114--- Dueling 1 DD 1 Y
115-A1 Malinger: Time of War 3 DD 3 Y
115-A2 Malinger: Other 1 DD 1 Y
115-B1 Injure Self: Time of War 5 DD 10 Y
115-B2 Injure Self: Other 3 DD 5 Y
116-A- Riot 5 DD 10 Y
116-B- Breach Of Peace 1 None 6 M
117--- Provoking Speech/Gesture 1 None 6 M
117A-- Wrongful Broadcast or
Distribution of Intimate Visual
Images
To Be
Determined
To Be
Determined
To Be
Determined
118-A- Murder: Premeditated 8 Death MandatoryLife
sentence (MLif)
118-B- Murder: Intent to Kill/Inflict
Great Bodily Harm
8 DD Life
118-C- Murder: Act Dangerous to
Others
8 DD Life
118-D- Murder: With Specified
Offenses
8 Death MLif
119-A- Manslaughter: Voluntary 7 DD 15 Y
119A-A Injuring an Unborn Child * Pres Pres
119A-B Killing an Unborn Child * Pres Pres
119A-C Attempting to Kill an Unborn
Child
* Pres Pres
119A-D Intentionally Killing an
Unborn Child
* Pres Pres
119-B1 Manslaughter: Involuntary 4 DD 10 Y
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
119-B2 Manslaughter: Involuntary
with Specified Offenses
4 DD 10 Y
120-A- Rape Before 1 Oct 07 7 Death Life
120-A1 Rape: Using Force on /after
1 Oct 07 through 27 Jun 12
7 Death Life
120-A2 Rape: Causing Grievous
Bodily Harm, on/after 1 Oct 07
through 27 Jun 12
7 Death Life
120-A3 Rape: Threatening Death,
Grievous Bodily Harm,
Kidnapping. on/after 1 Oct 07
through 27 Jun 12
7 Death Life
120-A4 Rape: Rendering Unconscious
on/after 1 Oct 07 through 27
Jun 12
7 Death Life
120-A5 Rape: Administering Drug,
Intoxicant, or Similar
Substance on/after 1 Oct 07
through 27 Jun 12
7 Death Life
120-AA Rape: Using Unlawful Force,
on/after 28 Jun 12
7 DD Life
120-AB Sexual Assault
6 DD 30 Y
120-AC Aggravated Sexual Contact
6 DD 20 Y
120-AD Abusive Sexual Contact
6 DD 7 Y
120-B1 Carnal Knowledge with a
Child 12 to 16 Years of Age
Before 1 Oct 07
4 DD 20 Y
120-B2 Carnal Knowledge with a
Child under 12 Years of Age
Before 1 Oct 07
7 DD Life
120-B3 Rape of a Child: 12 to Under
16 Years Old, on/after 1 Oct
07 through 27 Jun 12
7 Death Life
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
120-B4 Rape of a Child: Under 12
Years Old, on/after 1 Oct 07
through 27 Jun 12
7 Death Life
120-B5 Rape of a Child: Using Force
on/after 1 Oct 07 through
27 Jun 12
7 Death Life
120-B6
Rape of a Child: Causing
Grievous Bodily Harm,
on/after 1 Oct 07 through
27 Jun 12
7 Death Life
120-B7 Rape of a Child: Threatening
Death,
Causing Grievous Bodily
Harm, Kidnapping, on/after 1
Oct 07 through 27 Jun 12
7 Death Life
120-B8 Rape of Child: Rendering
Unconscious, on/after 1 Oct 07
through 27 June 12
7 Death Life
120-B9 Rape of a Child:
Administering Drugs,
Intoxicant, or Similar
Substance on/after 1 Oct 07
through 27 Jun 12
7 Death Life
120BB1 Rape of a Child: Under 12
Years Old, on/after 28 Jun 12
7 DD Life
120BB2 Rape of a Child: Has Attained
the Age of 12, on/after 28 Jun
12
7 DD Life
120BB3 Sexual Assault of a Child 7 DD 30 Y
120BB4 Sexual Abuse of a Child 7 DD 20 Y
120CC1 Indecent Viewing; Indecent
Visual Recording;
Broadcasting of Distribution
7 DD 1 Y; 5 Y; 7 Y
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
120CC2 Forcible Pandering 7 DD 12 Y
120-E1 Aggravated Sexual Contact
Using Force on/after 1 Oct 07
6 DD 20 Y
120-E2 Aggravated Sexual Contact
Causing Grievous Bodily
Harm on/after 1 Oct 07
6 DD 20 Y
120-E3 Aggravated Sexual Contact
Threatening Death, Grievous
Bodily Harm, Kidnapping,
on/after 1 Oct 07
6 DD 20 Y
120-E4 Aggravated Sexual Contact
Rendering Unconscious
on/after 1 Oct 07
6 DD 20 Y
120-E5 Aggravated Sexual Contact
Administering Drug,
Intoxicant, or Similar
Substance on/after 1 Oct 07
6 DD 20 Y
120-E6 Aggravated Sexual Contact:
Using Physical Violence,
Strength, Power, or Restraint
to Any Person
6 DD 20 Y
120-E7 Aggravated Sexual Contact: By
Causing Grievous Bodily Harm
6 DD 20 Y
120-E8 Aggravated Sexual Contact:
By Using Threats or Placing in
Fear
6 DD 20 Y
120-E9 Aggravated Sexual Contact:
By Rendering Another
Unconscious
6 DD 20 Y
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
120-F1 Aggravated Sexual Contact
with a Child 12 to 16 Years
Old: Using Force
6 DD 20 Y
120-F2 Aggravated Sexual Contact
with a Child 12 to 16 Years
Old: Using or Displaying a
Dangerous Weapon
6 DD 20 Y
120-F3 Aggravated Sexual Contact:
with a Child 12 to 16 Years
Old: By Suggestion or
Possession of a Dangerous
Weapon or Object
6 DD 20 Y
120-F4 Aggravated Sexual Contact
with a Child 12 to 16 Years
Old: Using Violence,
Strength, Power, or Restraint
to Any Person
6 DD 20 Y
120-F5 Aggravated Sexual Contact
with a Child 12 to 16 Years
Old: By Causing Grievous
Bodily Harm
6 DD 20 Y
120-F7
Aggravated Sexual Contact
with a Child 12 to 16 Years
Old: By Rendering Another
Unconscious
6 DD 20 Y
120-F8 Aggravated Sexual Contact
with a Child 12 to 16 Years
Old: By Administering a
Drug, Intoxicant, or Other
Similar Substance
6 DD 20 Y
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
120-G1 Abusive Sexual Contact by
Using Threats or Placing in
Fear
6 DD 20 Y
120-G2 Abusive Sexual Contact
Causing Bodily Harm, on/after
1 Oct 07
5 DD 7 Y
120-G3 Abusive Sexual Contact when
Victim is Substantially
Incapacitated/Unable to
Appraise Act, Decline
Participation, or Communicate
Unwillingness, on/after
1 Oct 07
5 DD 7 Y
120-G4 Aggravated Sexual Contact
with a Child 12 but Under 16
Years Old, Rendering
Unconscious, on/after 1 Oct 07
6 DD 20 Y
120-G5 Aggravated Sexual Contact
with a Child 12 but Under 16
Years Old, Administering
Drug, Intoxicant, or Similar
Substance, on/after 1 Oct 07
6 DD 20 Y
120- H1 Indecent Liberty with a Child,
on/after 1 Oct 07
3 DD 15 Y
120- I1 Indecent Act On/after 1 Oct 07 4 DD 15 Y
120- J1 Forcible Pandering On/after
1 Oct 07
4 DD 5 Y
120- K1 Wrongful Sexual Conduct
on/after 1 Oct 07
2 DD 1 Y
120-L1 Indecent Exposure: On/after
1 Oct 07
2 DD 1 Y
120A-- Stalking 5 DD 3 Y
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
121-A1 Larceny: Milt Property $500
or Less
1 BCD 1 Y
121-A2 Larceny: Milt Property More
than $500
3 DD 10 Y
121-B1 Larceny: Nonmilitary
Property $500 or Less
1 BCD 6 M
121B1A Larceny: Nonmilitary
Property $500 or Less: Misuse
of
Government Purchase Card
2 BCD 6 M
121-B2 Larceny: Nonmilitary
Property More than $500
3 DD 5 Y
121B2A
Larceny: Nonmilitary
Property More than $500:
Misuse of Government
Purchase Card
3 DD 5 Y
121-C1 Misappropriate: $500 or Less 1 None 3 M
121-C2 Misappropriate: More than
$500
2 BCD 6 M
121-C3 Misappropriate: Plane, Boat 2 DD 2 Y
122-A- Robbery: With Firearm 6 DD 15 Y
122-B- Robbery: Other Cases 5 DD 10 Y
123-A- Forgery: Making/Altering 3 DD 5 Y
123AA1 Bad Check: Defraud $500 or
Less
1 BCD 6 M
123AA2 Bad Check: Defraud More
than $500
2 DD 5 Y
123AB- Bad Check: Deceive 1 BCD 6 M
123-B- Forgery: Uttering 3 DD 5 Y
124--- Maiming 4 DD 7 Y
125-A- Sodomy: Force 6 DD Life
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
125-B1 Sodomy: Child 12 to 16 Yrs
Old
4 DD 20 Y
125-B2 Sodomy: Child under 12 Yrs
Old
7 DD Life
125-C- Sodomy: Other 4 DD 5 Y
126-A- Arson: Aggravated 6 DD 20 Y
126-B1 Arson: Property $500 or Less 2 DD 1 Y
126-B2 Arson: Property More than
$500
4 DD 5 Y
127--- Extortion 5 DD 3 Y
128-A- Assault: Simple 2 None 3 M
128-A1 Assault: With Unloaded
Firearm
3 DD 3 Y
128-A2 Assault, Simple: Upon a Child
Under the Age of 16
2 None 3 M
128-B- Assault: By Battery 1 BCD 6 M
128-C- Assault: Commissioned
Officer (Not in Execution of
Office)
2 DD 3 Y
128-D- Assault: CWO (Not in
Execution of Office)
1 DD 18 M
128-E- Assault: NCO or PO (Not in
Execution of Office)
1 BCD 6 M
128-F- Assault: Military or Civilian
Law Officer
3 DD 3 Y
128-G- Assault: Battery on a Child
under 16
2 DD 2 Y
128-H1 Assault, Aggravated:
Dangerous Weapon, Means of
Force Likely to Harm
5 DD 8 Y
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
128-H2 Assault, Aggravated:
Dangerous Weapon, Means of
Force Likely to Harm (Loaded
Firearm)
3 DD 3 Y
128-H3 Assault, Aggravated:
Dangerous Weapon, Means Of
Force Likely To Harm (Child
Under 16)
5 DD 5 Y
128-J1 Assault, Aggravated:
Intentionally Inflicted
Grievous Bodily Harm
7 DD 10 Y
128-J2 Assault, Aggravated:
Intentionally Inflicted
Grievous Bodily Harm
(Loaded Firearm)
5 DD 5 Y
128-J3 Assault, Aggravated:
Intentionally Inflicted
Grievous Bodily Harm (Child
Under 16)
7 DD 8 Y
129--- Burglary 5 DD 10 Y
130--- Housebreaking 5 DD 5 Y
131-A- Perjury: Giving False
Testimony
3 DD 5 Y
131-B- Perjury: Subscribing False
Statement
3 DD 5 Y
132-A- Fraud: Make False Claim 5 DD 5 Y
132-B- Fraud: Present False Claim 5 DD 5 Y
132-C- Fraud: False Document with
Claim
5 DD 5 Y
132-D- Fraud: False Oath in
Connection with Claim
5 DD 5 Y
132-E- Fraud: Forgery of Signature 5 DD 5 Y
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
132-F- Fraud: Use Forged Signature 5 DD 5 Y
132-G1 Deliver Lesser Amt than on
Receipt: $500 or Less
1 BCD 6 M
132-G2 Deliver Lesser Amt than on
Receipt: More than $500
5 DD 5 Y
132-H1 Make/Deliver Rcpt w/out Full
Knowledge: $500 or Less
1 BCD 6 M
132-H2 Make/Deliver Rcpt w/out Full
Knowledge: More than $500
5 DD 5 Y
133-A- Conduct Unbecoming Officer:
Copy/Cheat
3 DIS Pres
133-B- Conduct Unbecoming Officer:
Drunk/Disorderly
3 DIS Pres
133-C- Conduct Unbecoming Officer:
Fraternization (Unprofessional
Relationship)
3 DIS Pres
133-D- Conduct Unbecoming Officer:
Other
3 DIS Pres
133-E- Conduct Unbecoming Officer:
Sexually Violent Offense
Against a Minor
7 DIS Pres
134-A1 Abusing Animal 1 None 3 M
134-B1 Adultery 1 DD 1 Y
134-B2 Bigamy 1 DD 2 Y
134-B3 Cohabitation: Wrongful 1 None 4 M
134-B4 Fraternization 3 DIS 2 Y
134-B5 Prostitution Offense
(Pandering)
3 DD 5 Y
134B5A Pandering: Arrange/Receive
Consideration for Arranging
Sexual Intercourse or Sodomy
5 DD 5 Y
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
134-B6 Prostitution Offense
(Prostitution)
2 DD 1 Y
134B6A Prostitution: Involving a
Minor
3 DD 1 Y
134-B7 Prostitution Offense
(Purchasing Prostitution)
2 DD 1 Y
134-C1 Assault: Indecent 5 DD 5 Y
134-C2 Assault: Intent to Murder 7 DD 20 Y
134-C3 Assault: Intent to
Manslaughter
7 DD 10 Y
134-C4 Assault: Intent to Rape 7 DD 20 Y
134-C5 Assault: Intent to Rob 7 DD 10 Y
134-C6 Assault: Intent to Sodomize 7 DD 10 Y
134-C7 Assault: Intent to Housebreak 5 DD 5 Y
134-C8 Assault: Intent
Arson/Burglary
7 DD 5 Y
134-C9 Homicide: Negligent 4 BCD 3 Y
134-D1 Bribery 5 DD 5 Y
134-D2 Graft 2 DD 3 Y
134-E1 Burn With Intent to Defraud 4 DD 10 Y
134-F1 Check: Worthless Make/Utter 1 BCD 6 M
134-F2 Child Endangerment by
Design
3 DD 4 Y
134-F3 Child Endangerment by
Design Resulting in Grievous
Bodily Harm
7 DD 8 Y
134-F4 Child Endangerment by
Design Resulting in Harm
5 DD 5 Y
134-F5 Child Endangerment by
Culpable Negligence Resulting
in Grievous Bodily Harm
3 DD 3 Y
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
134-F6 Child Endangerment by
Culpable Negligence Resulting
in Harm
1 BCD 2 Y
134-G1 Correctional Custody: Escape 2 DD 1 Y
134-G2 Correctional Custody: Breach 2 BCD 6 M
134-G3 Break Quarantine 1 None 6 M
134-G4 Restriction: Breaking 1 None 1 M
134-G5 Parole: Violation of 1 BCD 6 M
134-G6 Prisoner: Allowing to do
Unauthorized Act
1 None 3 M
134-H1 Fail to Pay Debt 1 BCD 6 M
134-H2 Fail to Pay Debt: Government
Travel Card
1 BCD 6 M
134-I1 Disloyal Statement 4 DD 3 Y
134-J0 Drunk: Unable to Perform
Duties
1 None 3 M
134-J1 Drunk: Aboard Ship (on
Station)
1 None 3 M
134-J2 Drunk: Other Cases, Bring
Discredit
1 None 1 M
134-J3 Drunk/Disorderly: On Ship 1 BCD 6 M
134-J4 Drunk/Disorderly: Bring
Discredit
1 None 6 M
134-J5 Drunk/Disorderly: Other 1 None 3 M
134-J6 Drink Liquor With Prisoner 1 None 3 M
134-J7 Drunk Prisoner 1 None 3 M
134-J8 Disorderly Conduct: Bring
Discredit
1 None 4 M
134-J9 Disorderly Conduct: Other
Cases
1 None 1 M
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
134-K1 Milt Pass: Wrongful
Make/Tamper/
Alter/Counterfeit
2 DD 3 Y
134-K2 Milt Pass: Wrongful Sale/Gift/
Loan/Disposition
2 DD 3 Y
134-K3 Milt Pass: Wrongful
Use/Possess
2 DD 3 Y
134-K4 Milt Pass: All Other 1 BCD 6 M
134-L1 False Pretense: $500 or Less 1 BCD 6 M
134-L2 False Pretense: More than
$500
2 DD 5 Y
134-M1 False Swearing 2 DD 3 Y
134-N1 Firearm: Discharge Neglect 1 None 3 M
134-N2 Firearm: Discharge, Willful 2 DD 1 Y
134-N3 Weapon: Carry Concealed 3 BCD 1 Y
134-O1 Flee Scene: Accident 1 BCD 6 M
134-P1 Gamble with Subordinate 1 None 3 M
134-P2 Jump Vessel 1 BCD 6 M
134-P3 Straggling 1 None 3 M
134-P4 Wearing Unauthorized
Insignia
1 BCD 6 M
134-Q1 Impersonate, Intent to
Defraud: Officer, WO, NCO
3 DD 3 Y
134-Q2 Impersonate, No Intent to
Defraud: Officer, WO, NCO
1 BCD 6 M
134-Q3 Impersonate, Intent to
Defraud: Other
3 DD 3 Y
134-Q4 Impersonate, No Intent to
Defraud: Other
1 BCD 6 M
134-R1 Indecent Acts Before 1 Oct 07 5 DD 7 Y
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
134-R2 Indecent Exposure Before
1 Oct 07
1 BCD 6 M
134-R3 Indecent Language to Child
under 16
2 DD 2 Y
134-R4 Indecent Language: All Other 1 BCD 6 M
134-R5 Indecent or Lewd Acts With
Another Before 1 Oct 07
4 DD 5 Y
134-S1 Kidnapping 7 DD Life
134-S2 Kidnapping: Child (Not
Parent)
7 DD Life
134-S3 Human
Trafficking/Commercial Sex
Acts
3 BCD 6 M
134-S4 Human
Trafficking/Involuntary
Servitude
3 BCD 6 M
134-T1 Mail: Destroy, Steal, Take,
Open
3 DD 5 Y
134-T2 Mail: Deposit Obscenity 3 DD 5 Y
134-U1 Misprision: Serious Offense 2 DD 3 Y
134-U2 Obstruct Justice 3 DD 5 Y
134-U3 Perjury: Subornation of 3 DD 5 Y
134-U4 Wrongful Interferences
w/Admin Proceeding
3 DD 5 Y
134-U5 Public Record: Alter/Remove 2 DD 3 Y
134-U6 Request Commission Of
Offense
1 None 4 M
134-U7 Solicit Another to Commit
Offense
* Pres Pres
134U7A Solicit Another to Commit
Offense: Sex Offense
* Pres Pres
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 1 TO ENCLOSURE 2
Table 1. UCMJ Codes For DoD Use, Continued
DIBRS
CODE
DESCRIPTION SEVERITY MAXIMUM
DISCHARGE
MAXIMUM
CONFINEMENT
134-U8 Refuse To Testify 2 DD 5 Y
134-V1 Unlawful Entry 1 BCD 6 M
134-V2 Property: Seizure,
Destruction, Removal
2 DD 1 Y
134-V3 Stolen Property:
Receive/Conceal/ Buy $500 or
Less
1 BCD 6 M
134-V4 Stolen Property:
Receive/Conceal/ Buy More
than $500
2 DD 3 Y
134-W1 Sentinel: Disrespect 1 None 3 M
134-W2 Sentinel: Loitering in Time of
War
8 DD 2 Y
134-W3 Sentinel: Loitering at other
Times
1 BCD 6 M
134-X1 Threat: Bomb 3 DD 5 Y
134-X2 Threat: Communicate 5 DD 3 Y
134-Y1 Crime and Offenses Not
Capital
* Pres Pres
134-Y2 Assimilative Crimes Act of
1948, as Amended
* Pres Pres
134-Y3 Assimilative Crimes Act of
1948, as Amended: Sexually
Violent Against a Minor
* Pres Pres
134-Y4 Assimilative Crimes Act of
1948, as Amended:
Kidnapping a Minor
* Pres Pres
134-Z- Other 134 * Pres Pres
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 2 TO ENCLOSURE 2
APPENDIX 2 TO ENCLOSURE 2
TEMPLATE FOR ACKNOWLEDGEMENT OF MANDATORY
SUPERVISED RELEASE (MSR) BRIEFING
Figure. Template for Acknowledgment of MSR Briefing
Subject: Acknowledgement of Mandatory Supervised Release (MSR) Briefing
1. In accordance with DoDI 1325.07, “Administration of Military Correctional Facilities and Clemency
and Parole Authority:” If you are not approved for or you have not accepted parole, you may be reviewed
by your Military Department Clemency and Parole Board (C&PB) for release at your minimum release
date under MSR. MSR is similar to parole. A prisoner released on MSR through good conduct time
(GCT) and abatement credits is subject to supervision by a U.S. probation officer up to the full-term of
the sentence imposed.
2. If placed on MSR, you will be under the supervision of a U.S. probation officer with specific release
conditions. You will remain on supervised release provided you comply with conditions of release. You
will continue to be entitled to an annual clemency review by your Service C&PB. The Service C&PB
may, at its discretion or upon request of the supervising probation officer, modify any terms or conditions
of supervision or may terminate supervision entirely. Violations of MSR conditions may lead to
revocation of MSR and possible return to confinement.
3. You are required to complete a release plan. Information required to complete your MSR plan
includes where and with whom you will live with and, except in the case being medically disabled, either
guaranteed employment, an offer of effective assistance to obtain employment, or acceptance in a valid
educational or vocational program. Obtaining this information and these documents in a timely manner
will assist in your transition to MSR. These documents can be sent directly to a correctional facility or
can be sent to you and then delivered to the facility staff. They do not have to be notarized or in a special
format. GCT, earned time (ET), or special acts abatement (SAA) earned but held in abeyance will be
awarded upon approval of an acceptable MSR plan. Failure to prepare an acceptable MSR plan may
result in no award of GCT, ET, and SAA or, for those inmates with vested abatement, forfeiture of
abatement through a D&A board process. Upon release on MSR, all GCT, ET, and SAA will be waived.
4. It is to your advantage to prepare yourself for release through good behavior, program participation,
preparation of a viable release plan, and acceptance of parole, if offered. In either parole or MSR, you
will be under some sort of supervision upon release. Parole will be an earlier release from confinement
than MSR.
5. I, ___________________________________, have been briefed and provided a copy of this
document concerning MSR.
Prisoner signature: ___________________________ Date: _____________
Briefed and served by: ________________________ Date: _____________
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 3 TO ENCLOSURE 2
APPENDIX 3 TO ENCLOSURE 2
ABATEMENT OF SENTENCES TO CONFINEMENT
1. ABATEMENT. GCT, ET, and SAA, as described in this appendix, are the only types of
abatement of a sentence to confinement authorized in an MCF or for DoD prisoners transferred
to an FBOP facility.
2. GCT. GCT is a deduction from a prisoner’s release date for good conduct and faithful
observance of all facility rules and regulations.
a. Eligibility
(1) Subject to section 7 of this appendix, GCT shall be awarded to each prisoner serving
a sentence imposed by a court-martial for a definite term of confinement.
(2) For a prisoner who has an approved finding of guilty for an offense that occurred
after October 1, 2004, the award of GCT shall be conditioned on the prisoner submitting an
acceptable supervision plan and fully cooperating in all other respects with the mandatory
supervision policy herein, if directed to do so.
(3) A pretrial prisoner shall earn GCT for confinement served, but any earned GCT shall
not be awarded until a sentence is adjudged.
(4) GCT shall not be awarded to a prisoner who has a life, life without eligibility for
parole, or death sentence. A prisoner with one of these sentences shall earn GCT, but it shall be
held in abeyance and awarded only if the sentence is reduced to a determinate length.
(5) Earned GCT for a prisoner not eligible for parole or MSR shall be administratively
determined at the adjudged date solely as an administrative convenience for establishing the
MRD.
b. Rate of Earning
(1) A prisoner, any of whose offenses occurred before January 1, 2005, shall have GCT
calculated as:
(a) 5 days for each month of the sentence, if the sentence is less than 1 year.
(b) 6 days for each month of the sentence, if the sentence is at least 1 year, but less
than3 years.
(c) 7 days for each month of the sentence, if the sentence is at least 3 years, but less
than 5 years.
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 3 TO ENCLOSURE 2
(d) 8 days for each month of the sentence if the sentence is at least 5 years, but less
than 10 years.
(e) 10 days for each month of the sentence, if the sentence is 10 years or more.
(f) Partial month rates will be calculated IAW Table 2.
Table 2. Old Partial Month Rate of Earning Table
PORTION
OF
MONTH
OF
SENTENCE
LESS
THAN 1
YEAR
NOT
LESS
THAN 1
YEAR
AND
LESS
THAN 3
YEARS
NOT
LESS
THAN 3
YEARS
AND
LESS
THAN 5
YEARS
NOT
LESS
THAN 5
YEARS
AND
LESS
THAN 10
YEARS
10 YEARS
AND OVER,
EXCLUDING
LIFE
PORTION
OF
MONTH
OF
SENTENCE
1 0 0 0 0 0 1
2 0 0 0 0 0 2
3 0 0 0 0 1 3
4 0 0 0 1 1 4
5 0 1 1 1 1 5
6 1 1 1 1 2 6
7 1 1 1 1 2 7
8 1 1 1 2 2 8
9 1 1 2 2 3 9
10 1 2 2 2 3 10
11 1 2 2 2 3 11
12 2 2 2 3 4 12
13 2 2 3 3 4 13
14 2 2 3 3 4 14
15 2 3 3 4 5 15
16 2 3 3 4 5 16
17 2 3 3 4 5 17
18 3 3 4 4 6 18
19 3 3 4 5 6 19
20 3 4 4 5 6 20
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 3 TO ENCLOSURE 2
Table 2. Old Partial Month Rate of Earning Table, Continued
PORTION
OF
MONTH
OF
SENTENCE
LESS
THAN 1
YEAR
NOT
LESS
THAN 1
YEAR
AND
LESS
THAN 3
YEARS
NOT
LESS
THAN 3
YEARS
AND
LESS
THAN 5
YEARS
NOT
LESS
THAN 5
YEARS
AND
LESS
THAN 10
YEARS
10 YEARS
AND OVER,
EXCLUDING
LIFE
PORTION
OF
MONTH
OF
SENTENCE
21 3 4 4 5 7 21
22 3 4 5 5 7 22
23 3 4 5 6 7 23
24 4 4 5 6 8 24
25 4 5 5 6 8 25
26 4 5 6 6 8 26
27 4 5 6 7 9 27
28 4 5 6 7 9 28
29 4 5 6 7 9 29
30 5 6 7 8 10 30
(2) With respect to a prisoner with an approved finding of guilty, all of whose offenses
occurred after December 31, 2004, GCT shall be calculated at a rate of 5 days for each month of
confinement, and 1 day for each 6-day portion of a month (see Table 3), regardless of sentence
or multiple sentence length.
Table 3. Partial Month Rate of Earning Table
NUMBER OF
DAYS
GCT NUMBER OF
DAYS
GCT
1 0 16 2
2 0 17 2
3 0 18 3
4 0 19 3
5 0 20 3
6 1 21 3
7 1 22 3
8 1 23 3
9 1 24 4
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 3 TO ENCLOSURE 2
Table 3. Partial Month Rate of Earning Table, Continued
NUMBER OF
DAYS
GCT NUMBER OF
DAYS
GCT
10 1 25 4
11 1 26 4
12 2 27 4
13 2 28 4
14 2 29 4
15 2 30 5
c. Administration
(1) The Military Services may elect to calculate an anticipated release date at the
beginning of a prisoner’s sentence to confinement based on the GCT that could be earned for the
entire period of the sentence or sentences. GCT shall reduce a prisoner’s release date on a day-
for-day basis.
(2) If a sentence to confinement is later reduced by the convening authority, as a result of
appellate action, or due to a grant of clemency, the prisoner’s release date shall be recomputed
based on the new sentence.
(3) Upon return to confinement, a parole or supervised release violator shall earn GCT at
the rate applicable to the sentence in effect at the time of the violation of parole or supervised
release.
3. ET. ET is a deduction of days from a prisoner’s release date earned for participation and
graded effort in the areas of work, offense-related or other rehabilitation programs, education,
self-improvement and personal growth, and support activities.
a. Eligibility
(1) A prisoner serving a sentence imposed by a court-martial is eligible to earn ET.
(2) For a prisoner who has an approved finding of guilty for an offense that occurred
after October 1, 2004, the award of ET shall be conditioned on the prisoner submitting an
acceptable supervision plan and fully cooperating in all other respects with the mandatory
supervision policy herein.
(3) A pretrial prisoner is ineligible for ET.
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 3 TO ENCLOSURE 2
(4) A prisoner with a life, life without eligibility for parole, or death sentence shall earn
ET, but such abatement shall be held in abeyance and only awarded if the sentence is reduced to
a determinate length.
(5) The Commandant, USDB, shall evaluate a prisoner confined in a FBOP facility for
ET at the time of the prisoner’s annual clemency consideration. Based on the FBOP facility’s
annual evaluation and submissions, the Commandant shall determine the amount, if any, of ET
to award the prisoner for the prior year, using the ET activities list and rates of earning in effect
at the USDB. The amount of ET to be awarded shall not be based on the amount of ET the
prisoner was earning prior to entering the FBOP system.
(6) ET may be awarded even though the prisoner has previous forfeitures of ET or GCT.
b. Rate of Earning
(1) An eligible prisoner may earn up to 8 days per month ET, regardless of sentence or
multiple sentence length, for participation and graded effort in authorized component areas. ET
shall only be earned when overall evaluations are average or higher.
(2) The Military Services may delegate to MCF commanders the authority to determine
the activities eligible for ET at their respective facilities and, subject to limitations of section 6 of
this appendix, the rate of earning at which a prisoner may earn ET by participating in those
activities. The activities shall be published and made available to all prisoners.
(3) A prisoner may participate in activities during a given month that make him or her
eligible for more than 8 days ET, but a maximum of 8 days ET may be earned per month.
(4) Incremental and proportional rates are authorized when a prisoner engages in an
activity for a portion of a month.
c. Administration
(1) ET shall be recorded separately from GCT. A record of ET for each prisoner shall be
maintained by the MCF.
(2) When calculating a prisoner’s anticipated release date at the beginning of a prisoner’s
sentence to confinement, the Military Services shall not consider ET that could be earned during
the sentence.
(3) Recommendations for award of ET may be made by a formal board or by any other
method deemed appropriate by the Military Services, but shall be approved or denied by the
MCF commander in full or in part.
(4) ET shall be earned, within authorized limits, through evaluation of the separate ET
program components. Evaluation of each component shall be documented on the DD Form
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 APPENDIX 3 TO ENCLOSURE 2
2712, or on an equivalent form approved by the USD(P&R) at intervals determined by the
Military Services, but at least quarterly, and shall reduce a prisoner’s release date accordingly.
d. Limitations
(1) When an eligible prisoner does not enroll in, progress in, or complete available
offense-related or maintenance programs primarily designed to address problems directly
associated with their criminal offense or other rehabilitation programs, a maximum of 5 days ET
per month may be earned within other components of the ET program. This limitation does not
apply to a prisoner on a waiting list for an offense-related or maintenance program, but no ET
may be earned for that program until the prisoner successfully completes the program. In the
event the prisoner fails to successfully complete the entire offense-related or maintenance
program none of the associated ET for program participation shall be earned.
(2) Subject to Military Service guidelines, a maximum of 5 days ET per month may be
earned within the work component of the ET program.
(3) ET shall not be earned within 30 days of the scheduled release date from
confinement.
e. Components
(1) Work. A prisoner in an MCF, unless precluded from doing so because of a
disciplinary, medical, or other reason determined appropriate by the MCF commander, shall
engage in useful employment under appropriate supervision.
(a) A prisoner shall be employed in maintenance, support, and vocational training
activities that provide work of a useful, constructive nature, consistent with their custody grade,
physical and mental condition, behavior, confining offense, sentence status, previous training,
individual correctional requirements, and installation/facility needs.
(b) A prisoner, when not engaged in prescribed training or counseling, shall perform
full 8-hour days of useful, constructive work and a standard 40-hour workweek. This restriction
does not limit the authority of commanders to direct extra work during emergencies, prevent the
assignment of a prisoner to details that normally encompass weekends, or prevent a prisoner
from volunteering for extra work.
(c) Reception and orientation processing may qualify as work.
(d) A prisoner shall work a minimum of 40 hours each week to receive ET for work
unless the MCF commander determines that the failure to complete 40 hours was due to factors
outside the prisoner’s control. Up to 8 hours of offense-related programs per week can count
towards the 40-hour workweek.
(2) Offense-Related or Other Rehabilitation Programs. A prisoner may earn ET by
conscientiously participating, e.g., progressing, in facility rehabilitation programs. To the
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maximum extent possible, ET programs shall address problems associated with a prisoner’s
criminal activity or behavior.
(3) Education. A prisoner may earn ET while pursuing formal education objectives,
including but not limited to, completion of vocational education sequences, general equivalency
degrees, or post-secondary degrees or credits when the institution awarding the certificate,
license, diploma, degree, or credits to the prisoner has been accredited by an accrediting agency
recognized by the U.S. Department of Education.
(a) Participation in non-traditional sources of educational credit, e.g., College-Level
Examination Program, Defense Activity for Non-Traditional Educational Support, American
College Test, and military education, may qualify for earning of ET when authorized by the
Military Service responsible for the MCF.
(b) Time spent obtaining a certificate, license, diploma, degree, or post-secondary
credits shall generally be in addition to the normal workweek for which ET for work can be
earned, unless such coursework is related to vocational training and education.
(c) ET may be earned only for coursework performed by correspondence, classroom
attendance, or participation in vocational training and education while in confinement.
(d) Once a prisoner achieves an education objective, additional ET shall not be
earned for that objective.
(e) To be eligible for education ET, a prisoner’s higher education objectives must be
identified in writing, pre-authorized by the MCF commander, and on file with the MCF’s
academic division. The commander shall normally approve educational programs offered by an
accrediting agency recognized by the U.S. Department of Education.
(4) Self-Improvement and Personal Growth. A prisoner may earn ET by participating in
self-improvement and personal growth programs that have been identified in writing and pre-
authorized by the MCF commander.
(5) Support Activities. A prisoner may earn ET by participating in support activities, to
include community service programs, special projects and work assignments supportive of
institutional goals or missions, volunteer work, and work encompassing weekends and holidays,
and for extraordinary achievements that do not rise to the level of those for which special acts
abatement may be earned.
4. SAA. SAA is a deduction of days from a prisoner’s release date earned for a specific act of
heroism, humanitarianism, or extraordinary institutional or community support deemed
appropriate by the MCF commander.
a. Eligibility
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(1) A prisoner serving a sentence imposed by a court-martial is eligible for SAA.
(2) For a prisoner who has an approved finding of guilty for an offense that occurred
after October 1, 2004, the award of SAA shall be conditioned on the prisoner submitting an
acceptable supervision plan and fully cooperating in all other respects with the mandatory
supervision policy herein, if directed to do so.
(3) A pretrial prisoner is not eligible for SAA.
(4) A prisoner with a life, life without eligibility for parole, or death sentence may earn
SAA, but such abatement shall be held in abeyance.
b. Rate of Earning. The Military Services may authorize a maximum of 2 days of SAA per
month for a period not to exceed 12 months for a single special act. At no time shall a prisoner
receive more than 2 days of SAA per month; additional special acts may only extend the period
of abatement, but may not increase the number of days of SAA that can be received in any given
month.
c. Administration. SAA shall reduce a prisoner’s normal release date on a day-for-day basis
as earned.
5. MONTHLY LIMIT ON TOTAL OF ALL TYPES OF ABATEMENT. The total of GCT,
ET, and SAA awarded for any 1 month shall not exceed 15 days.
6. PRISONER ACKNOWLEDGMENT OF CONDITIONAL AWARD OF ABATEMENT. A
prisoner who has an approved finding of guilty for an offense that occurred after October 1, 2004
will be informed of and given an opportunity to acknowledge in writing during facility in-
processing that the award of GCT, ET, or SAA is conditioned on the prisoner submitting an
acceptable supervision plan and fully cooperating in all other respects with the mandatory
supervision policy pursuant to this instruction, if directed to do so. The acknowledgment shall
also state that if the MCF commander determines that this condition has not been met,
deductions from the prisoner’s release date for earning GCT, ET, or SAA held in abeyance shall
be not be awarded.
7. FORFEITURE AND RESTORATION OF ABATEMENTS. As a consequence of violations
of institutional rules or the UCMJ, an MCF commander may direct that a prisoner forfeit GCT,
ET, and SAA.
a. Forfeiture
(1) The MCF shall use a D&A board for forfeitures.
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(2) Only abatement that has actually been earned before or on the date of a violation is
subject to forfeiture. GCT subtracted from a prisoner’s release date IAW subparagraph 2.c.(1) of
this appendix, but not yet earned, is not subject to forfeiture.
(3) Generally, GCT will be forfeited prior to forfeiture of ET, and ET will be forfeited
prior to forfeiture of SAA.
(4) Sentences that have expired with allowance for GCT, ET, and SAA may not be
revived for the purpose of forfeiting GCT, ET, and SAA earned thereon.
(5) Earned GCT for a pretrial prisoner is subject to forfeiture in the same manner as a
post-trial prisoner, but forfeitures shall be held in abeyance until the sentence to confinement
begins.
b. Restoration. Forfeited GCT, ET, and SAA may be reinstated at the discretion of the MCF
commander or, in the case of a prisoner transferred to the FBOP, the Commandant of the USDB.
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Change 4, 08/19/2020 APPENDIX 4 TO ENCLOSURE 2
APPENDIX 4 TO ENCLOSURE 2
LISTING OF OFFENSES REQUIRING SEX OFFENDER PROCESSING
1. A Service member who is convicted in a general or special court-martial of any of the
offenses listed in Table 4, must register with the appropriate authorities in the jurisdiction (State,
the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
Northern Mariana Islands, the United States Virgin Islands, and Indian Tribes) in which he or
she will reside, work, or attend school upon leaving confinement, or upon conviction if not
confined. Generally, this registration must take place within 3 days of release from confinement
or within 3 days of conviction if not confined.
2. Appropriate DoD officials, as designated in implementing Service regulations, must inform
the person so convicted of his or her duty to register and must inform the appropriate officials in
the offender’s stated jurisdiction of residence as soon as possible after conviction (if not
confined) and prior to the prisoner’s release (if confined). Any failure of the appropriate DoD
officials to notify an offender of his or her requirement to register will not serve to relieve that
offender of his or her duty to so register.
3. A Service member convicted of any offenses listed in Table 4 or convicted of offenses similar
to those offenses listed below, shall be advised that the individual jurisdictions in which the
offender might live, work, or attend school may require registration for offenses not listed below.
Each registration jurisdiction sets its own sex offender policy and laws.
4. Effective immediately, reporting (and notice to convicted persons) is required based on a
qualifying conviction of any offense listed below, without regard to the date of the offense or the
date of the conviction for anyone currently incarcerated or under supervision (parole or
mandatory supervised release).
5. The offenses defined before October 1, 2007, are included to facilitate identification of those
prisoners who were convicted of offenses occurring before October 1, 2007; however, reporting
could still be required if the offense for which convicted occurred before October 1, 2007, but
contained elements that would require reporting if the offense had occurred on or after
October 1, 2007.
6. Notwithstanding the offenses listed in Table 4, offenses under Articles 120 or 134 of the
UCMJ that constitute only public sex acts between consenting adults do not require sex offender
registration (i.e., indecent exposure). An offense involving consensual sexual conduct between
adults is not a reportable offense, unless the adult victim was under the custodial care of the
offender at the time of the offense. Additionally, an offense involving consensual sexual conduct
is not a reportable offense if the victim was at least 13 years old and the offender was not more
than 4 years older than the victim (as determined by date of birth).
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Table 4. Offenses Defined before October 1, 2007
UCMJ
ARTICLE
DIBRS
CODE
OFFENSE
120 120A Rape
120 120B1/2 Carnal Knowledge
125 125A Forcible Sodomy
125 125B1/2 Sodomy of a Minor
133 133D Conduct Unbecoming an Officer (involving any sexually violent
offense or a criminal offense of a sexual nature against a Minor
or kidnapping of a Minor)
134 134-B6 Prostitution Involving a Minor
134 134-B6A Pornography Involving a Minor
134 134-C1 Indecent Assault
134 134-C4 Assault with Intent to Commit Rape
134 134-C6 Assault with Intent to Commit Sodomy
134 134-R1 Indecent Act with a Minor
134 134-R3 Indecent Language to a Minor
134 134-R5 Indecent or Lewd Acts with Another
134 134R6B Possession of Child Pornography with Intent to Distribute
134 134R6C Distribution of Child Pornography
134 134R6D Production of Child Pornography
134 134- S2 Kidnapping of a Minor (by a person not parent)
134 134-Z Conduct Prejudicial to Good Order and Discipline (involving
any sexually violent offense or a criminal offense of a sexual
nature against a Minor or kidnapping of a Minor)
134 134- Y3 Assimilative Crime Conviction (of a sexually violent offense or
a criminal offense of a sexual nature against a Minor)
134 134-Y4 Assimilative Crime Conviction of Kidnapping of a Minor
80 Attempt (to commit any of the foregoing)
81 Conspiracy (to commit any of the foregoing)
82 082-A Solicitation (to commit any of the foregoing)
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Table 5. Offenses Defined on or After October 1, 2007 and Before June 28, 2012
UCMJ
ARTICLE
DIBRS
CODE
OFFENSE
120(a)(1) 120-A1 Rape. Using Force
120(a)(2) 120-A2 Rape. Causing Grievous Bodily Harm
120(a)(3) 120-A3 Rape. Threatening Death, Grievous Bodily Harm, Kidnapping
120(a)(4) 120-A4 Rape. Rendering Unconscious
120(a)(5) 120-A5 Rape. Administering Drug, Intoxicant, Or Similar Substance
120(b)(1) 120-B3 Rape Of Child. 12 to 16 Years Old
120(b)(2) 120-B4 Rape Of Child. Under 12 Years Old
120(b)(2) 120-B5 Rape Of Child. Using Force
120(b)(2) 120-B6 Rape Of Child. Causing Grievous Bodily Harm
120(b)(2) 120-B7 Rape Of Child. Threatening Death, Grievous Bodily Harm,
Kidnapping
120(b)(2) 120-B8 Rape Of Child. 12 - Under 16 Years Old. Administering Drug,
Intoxicant, Or Similar Substance. Rending Another Person
Unconscious
120(b)(2) 120-B9 Rape of a Child Administering Drug, Intoxicant, or Similar
Substance
120(c)(1)(A) 120-C1 Aggravated Sexual Assault. Threatening Or Placing in Fear
(Other than Of Death, Grievous Bodily Harm, Kidnapping)
120(c)(1)(B) 120-C2 Aggravated Sexual Assault. Causing Bodily Harm
120(c)(2) 120-C3 Aggravated Sexual Assault. When Victim is Substantially
Incapacitated/Unable to Appraise Act, or Decline Participation,
Or Communicate Unwillingness
120(c) 120-C4 Aggravated Sexual Assault when Victim is Substantially
Incapable to Communicate Unwillingness
120(d) 120-D1 Aggravated Sexual Assault of a Child. 12 - Under 16 Years Old
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Table 5. Offenses Defined on or After October 1, 2007 and Before June 28, 2012, Continued
UCMJ
ARTICLE
DIBRS
CODE
OFFENSE
120(e) 120-E0 Aggravated Sexual Contact by Administering a Drug, Intoxicant,
or Other Similar Substance
120(e) 120-E1 Aggravated Sexual Contact.
120(e) 120-E2 Aggravated Sexual Contact. with a Child 12 to 16 Years Old
Causing Grievous Bodily Harm
120(e) 120-E3 Aggravated Sexual Contact with a Child Under 12 Years Old
120(e) 120-E4 Aggravated Sexual Contact. Using Force
120(e) 120-E5 Aggravated Sexual Contact. Using or Displaying a Dangerous
Weapon
120(e) 120-E6 Aggravated Sexual Contact Using Physical Violence, Strength,
Power, or Restraint to any Person
120(e) 120-E7 Aggravated Sexual Contact by Causing Grievous Bodily Harm
120(e) 120-E8 Aggravated Sexual Contact by Using Threats or Placing in Fear
120(e) 120-E9 Aggravated Sexual Contact by Rendering Another Unconscious
120(f) 120-F1 Aggravated Sexual Contact with a Child 12 to 16 Years Old
Using Force
120(f) 120-F2 Aggravated Sexual Contact with a Child 12 to 16 Years Old
Using or Displaying a Dangerous Weapon
120(f) 120-F3 Aggravated Sexual Contact with a Child 12 to 16 Years Old by
Suggestion or Possession of a Dangerous Weapon or Object
120(f) 120-F4 Aggravated Sexual Contact with a Child 12 to 16 Years Old
Using Violence, Strength, Power, or Restraint to any Person
120(f) 120-F5 Aggravated Sexual Contact with a Child 12 to 16 Years Old by
Causing Grievous Bodily Harm
120(f) 120-F6 Aggravated Sexual Contact with a Child 12 to 16 Years Old by
Using Threats or Placing in Fear
120(f) 120-F7 Aggravated Sexual Contact with a Child 12 to 16 Years Old by
Rendering Another Unconscious
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Table 5. Offenses Defined on or After October 1, 2007 and Before June 28, 2012, Continued
UCMJ
ARTICLE
DIBRS
CODE
OFFENSE
120(f) 120-F8 Aggravated Sexual Contact with a Child 12 to 16 Years Old by
Administering a Drug, Intoxicant, or Other Similar Substance
120(g) 120-G1 Abusive Sexual Contact by Using Threats or Placing in Fear
120(g) 120-G2 Abusive Sexual Conduct Causing Bodily Harm
120(g) 120-G3 Abusive Sexual Conduct when Victim is Substantially
Incapacitated/Unable to Appraise Act, Decline Participation, or
Communicate Unwillingness
120(g) 120-G4 Abusive Sexual Contact with a Child 12 to Under 16 Years Old
120(h) 120- H1 Indecent Liberty with a Child
120(i) 120- I1 Indecent Acts
120(j) 120- J1 Forcible Pandering
120(k) 120- K1 Wrongful Sexual Contact
120(l) 120-L1 Indecent Exposure
125 125A Forcible Sodomy
125 125B1 Sodomy of a Minor 12 to 16 Years Old
125 125-B2 Sodomy of a Minor Under 12 Years Old
125 125-C Sodomy, Other Cases
133 133D Conduct Unbecoming an Officer that describes conduct
Otherwise Listed in this Table
134 134-B6 Prostitution Involving a Minor
134 134-C4 Assault with Intent to Commit Rape
134 134-C6 Assault with Intent to Commit Sodomy
134 134-S1 Kidnapping of a Minor (by a person not parent)
134 134-Z Pornography Involving a Minor
134 134-Z Conduct Prejudicial to Good Order and Discipline (involving
any conduct otherwise listed in this table)
80 Attempt (to commit any of the foregoing)
81 Conspiracy (to commit any of the foregoing)
82 082-A Solicitation (to commit any of the foregoing)
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Table 6. Offenses Defined on or After June 28, 2012
UCMJ
ARTICLE
DIBRS
CODE
OFFENSE
120(a) 120AA Rape, using unlawful force
120(a) 120AA1 Rape
120(a) 120-AB Rape, using force causing or likely to cause death or grievous
bodily harm to any person
120(a) 120-AC Rape, threatening that other person unconscious
120(a) 120-AD Rape, first rending that person unconscious
120(a) 120-AE Rape, administering to that other person by force or threat of
force, or without the knowledge or consent of that person, a
drug, intoxicant, or other similar substance and thereby
substantially impairing the ability of that other person to
appraise or control conduct
120(b) 120AA2 Sexual Assault
120(c) 120AA3 Aggravated Sexual Contact
120(c) 120AA4 Abusive Sexual Contact
120(c) 120-CA Aggravated Sexual Contact, using lawful force
120(c) 120-CB Aggravated Sexual Contact, using force causing or likely to
cause death or grievous bodily harm to any person
120(c) 120-CC Aggravated Sexual Contact, threatening or placing that
person in fear that any person will be subject to death,
grievous bodily harm, or kidnapping
120(c) 120-CD Aggravated Sexual Contact, first rendering that other person
unconscious
120(c) 120-CE Aggravated Sexual Contact, administering to that other
person by force or threat of force, or without the knowledge
or consent of that person, a drug, intoxicant, or other similar
substance and thereby substantially impairing the ability of
that other person to appraise or control conduct
120(d) 120-DA Abusive Sexual Contact, threatening or placing that other
person in fear
120(d) 120-DC Abusive Sexual Contact, making a fraudulent representation
that the sexual contact serves a professional purpose
120(d) 120-DD Abusive Sexual Contact, inducing a belief by any artifice,
pretense, or concealment that the person is another person
120(d) 120-DE Abusive Sexual Contact, by committing sexual contact upon
another person when the person knows or reasonably should
know that the other person is asleep, unconscious, or
otherwise unaware that the sexual contact is occurring
120(d) 120-DF Abusive Sexual Contact, by committing sexual contact upon
another person when the other person is incapable of
consenting to the sexual contact due to impairment by any
drug, intoxicant, other similar substance, and that condition is
known or reasonably should be known by the other person
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Table 6. Offenses Defined on or After June 28, 2012, Continued
UCMJ
ARTICLE
DIBRS
CODE
OFFENSE
120(d) 120-DG Abusive sexual contact, by committing sexual contact upon
another person when the other person is incapable of consenting
to the sexual contact due to impairment y a mental disease or
defect or physical disability and that condition is known or
reasonably should be known by the person
120b(a) 120BA1 Rape of a Child (Under 12 years of age)
120b(a) 120BA2 Rape of a Child (Has attained the age of 12)
120b(a) 120BA3 Rape of a Child, at least 12 years of age, by threatening or
placing that child in fear
120b(a) 120BA4 Rape of a Child, at least 12 years of age, by rendering that child
unconscious
120(a) 120B5 Rape of a Child, at least 12 years of age, by administering to that
child a drug, intoxicant, or other similar substance
120b(b) 120B B1 Sexual Assault of a Child
120b(c) 120BC1 Sexual Abuse of a Child, committing a lewd act with sexual
contact
120(b) 120-BA Sexual Assault, threatening or placing that other person in fear
120(b) 120-BC Sexual Assault, making a fraudulent representation that the
sexual act serves a professional purpose
120(b) 120-BD Sexual Assault, including a belief by an artifice, pretense, or
concealment that the person is another person
120(b) 120-BE Sexual Assault, by committing a sexual act upon another person
when the person knows or reasonably should know that the
sexual act is occurring
120(b) 120-BF Sexual Assault, by committing a sexual act upon another person
when the other person is incapable of consenting to the sexual
act due to impairment by any drug, intoxicant, or other similar
substance, and that condition is known or reasonably should be
known by the person
120(b) 120-BG Sexual Assault, by committing a sexual act upon another person
when the other person is incapable of consenting to the sexual
act due to impairment by a mental disease or defect, or physical
disability, and that condition is known or reasonably should be
known by the person
120b(c) 120BC2 Sexual Abuse of a Child, committing lewd act by intentionally
exposing one’s genitalia, anus, buttocks, or female areola or
nipple
120b(c) 120BC3 Sexual Abuse of a Child, committing lewd act by
communicating indecent language
120b(c) 120BC4 Sexual Abuse of a Child, committing lewd act with indecent
contact
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Table 6. Offenses Defined on or After June 28, 2012, Continued
UCMJ
ARTICLE
DIBRS
CODE
OFFENSE
120c(a) 120CA1 Indecent Viewing, Visual Recording, or Broadcasting knowingly
and wrongfully viewing the private area of another person,
without that other person’s consent and under circumstances in
which that other person has a reasonable expectation of privacy
120c(a) 120CA2 Indecent Viewing, Visual Recording, or Broadcasting –
knowingly photographing, videotaping, filming, or recording by
any means the private area of another person, without other
person’s consent and under circumstances in which that other
person has a reasonable expectation of privacy
120c(a) 120CA3 Indecent Viewing, Visual Recording, or Broadcasting –
knowingly broadcasting or distributing any such recordings that
the person knew or reasonably should have known was made
without that other person’s consent and under circumstances in
which that other person has a reasonable expectation of privacy
120c(b) 120 CB Forcible Pandering
120c(c) 120CC Indecent Exposure
133 133D Conduct Unbecoming an Officer, Other
134 134-B6 Prostitution
134 134-C6 Assault with Intent to Commit Sodomy
134 134-S2 Kidnapping of a Minor (by a person not parent)
134 134-Z Conduct Prejudicial to Good Order and Discipline (involving
any conduct otherwise listed in this table)
134 134R6A Possession of Child Pornography
134 134R6B Possession of Child Pornography, with intent to distribute
134 134R6C Distribution of Child Pornography
134 134R6D Production of Child Pornography
80 Attempt (to commit any of the foregoing)
81 Conspiracy (to commit any of the foregoing)
82 082-A Solicitation (to commit any of the foregoing)
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APPENDIX 5 TO ENCLOSURE 2
Table 7. DoD Forms
FORM
NUMBER
NAME
499 Prisoner’s Mail and Correspondence Record
503 Health Assessment Certification for Segregation
504 Request and Receipt for Health and Comfort Supplies
506 Daily Strength Record of Prisoners
509 Inspection Record of Prisoner in Segregation
510 Prisoner Request
512 Installation Custody – Minimum Custody Agreement
515 Roster of Prisoners
553-1 Parole/Mandatory Supervised Release (MSR) Violator Wanted by the Armed
Forces
2704 Victim/Witness Certification and Election Concerning Prisoner Status
2705 Notification to Victim/Witness of Prisoner Status
2706 Annual Report on Victim and Witness Assistance
2707 Confinement Order
2707-1 Department of Defense Report of Result of Trial
2708 Receipt for Pre-Trial/Post Trial Prisoner or Detained Person
2710 Prisoner Background Summary
2710-1 Prisoner Sentence Computation
2711 Initial Custody Classification
2711-1 Custody Reclassification
2712 Prisoner Evaluation
2713 Prisoner Observation Report
2714 Prisoner Disciplinary Report/Action
2715 Clemency/Parole Submission
2715-1 Disposition Board Recommendation
2715-2 Prisoner Summary Data
2715-3 Prisoner Restoration, Return to Duty, and Clemency and Parole Statement
2716 Parole Acknowledgement Letter
2716-1 Department of Defense Certificate of Supervised Release
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Table 7. DoD Forms, Continued
FORM
NUMBER
NAME
2717 Department of Defense Voluntary/Involuntary Appellate Leave Action
2718 Prisoner Release Order
2719 Continuation Sheet
2791 Notice of Release/Acknowledgement of Convicted Sex Offender Registration
Requirements
2720 Annual Correctional Report
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 ENCLOSURE 3
ENCLOSURE 3
INFORMATION REQUIREMENTS
1. All forms have been cleared IAW DoD 7750.07-M (Reference (s)).
2. The Military Services shall develop procedures to ensure that the MCF complete, submit, and
update the corrections segment of the Defense Incident- Based Reporting System as required
IAW DoDD 7730.47 (Reference (t)) and DoD 7730.47-M (Reference (u)).
3. Annual confinement and clemency/parole reports shall be submitted to the Office of the
USD(P&R) no later than February 16th for the preceding calendar year. Military Services shall
submit an annual confinement report using DD Form 2720, “Annual Correctional Report.” The
Service central office for corrections matters shall approve the data on the DD Form 2720 before
submission to Office of the USD(P&R), Attention: Legal Policy, 4000 Defense Pentagon,
Washington, DC 20301-4000. The “Annual Correctional Report” has been assigned Report
Control Symbol DD-P&R(A)2067 IAW Reference (s).
4. The Military Departments shall establish procedures to ensure that required prisoner
information is provided to the FBI for inclusion in the computerized criminal history file (III) of
the National Crime Information Center. The provision of prisoner information to the FBI is
exempt from licensing IAW parts 101-11.204(b)(2)(iii) of Title 41 Code of Federal Regulations
(Reference (v)).
5. MCFs will consult with the local joint terrorism task force, or another similar agency on on-
going but not less than semi-annually, on all terrorism matters to include: lists of known terrorist
prisoners in custody; intelligence regarding prisoners with suspected terrorist ties; and
information regarding specific incidents, events, or threats affecting the MCF that have a
possible terrorism connection.
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 GLOSSARY
GLOSSARY
PART I. ABBREVIATIONS AND ACRONYMS
ACA American Correctional Association
BCD bad conduct discharge
C&PB clemency and parole board
DD dishonorable discharge
DIBRS Defense Incident-Based Reporting System
DIS dismissal
DNA deoxyribonucleic acid
DoDD DoD Directive
DoDI DoD Instruction
D&A discipline and adjustment
ET earned time
FBI Federal Bureau of Investigations
FBOP Federal Bureau of Prisons
GCT good conduct time
GED general equivalency diploma
IAW in accordance with
ICE Immigration and Customs Enforcement
M month or months
MCF military correctional facility
MLif mandatory life sentence
MOA memorandum of agreement
MRD minimum release date
MSR mandatory supervised release
NAF nonappropriated fund
SAA
special acts abatement
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 GLOSSARY
UCMJ
Uniform Code of Military Justice
USACIL
U.S. Army Criminal Investigation Laboratory
USDB
U.S. Disciplinary Barracks
USD(P&R)
Under Secretary of Defense for Personnel and Readiness
USPO
U.S. Probation Officer
V/W
victim or witness
V/WAP
Victim/Witness Assistance Program
PART II. DEFINITIONS
These terms and their definitions are for the purposes of this instruction.
abatement
ET. A deduction of days from a prisoner’s release date earned for participation and graded
effort in the areas of work, offense-related or other rehabilitation programs, education, self-
improvement and personal growth, and support activities.
forfeiture. The loss of ET/GCT/SAA directed by the MCF commander that has been held in
abeyance awarded as a consequence of violations of institutional rules or the UCMJ.
GCT. GCT is a deduction of days from a prisoner’s release date for good conduct and
faithful observance of all facility rules and regulations.
SAA. A deduction of days from a prisoner’s release date earned for a specific act of
heroism, humanitarianism, or extraordinary institutional or community support deemed
appropriate by the MCF commander.
action tantamount to a finding of guilty. A court action where, notwithstanding the absence of a
specific finding of guilty, the court proceeds in a manner that is inconsistent with any reasonable
hypothesis other than an assumed guilt of misconduct. The most common example of this exists
where, under statutory authority, a court or other agency of the judicial or legal system (to
include a State or county prosecuting attorney) without a specific finding of guilty, and with the
consent of the individual, proceeds to subject the individual to some form of deprivation or
restraint of the person’s theretofore unfettered liberty for a period of time as a condition to some
ultimate official act of grace, forgiveness, or dismissal of charges; for example, successful
probation in return for a clean record.
adjudged date. The date the sentence is announced.
crime of violence. Any crime that has as an element that involves the use, attempted use, or
threatened use of physical force against the person or property of another, or by its nature,
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 GLOSSARY
involves a substantial risk that physical force against the person or property of another may be
used in committing the offense.
criminal offense against a victim who is a minor, under the age of 18 years. Any criminal
offense that consists of:
Kidnapping of a minor, except by a parent;
False imprisonment of a minor, except by a parent;
Criminal sexual conduct toward a minor;
Solicitation of a minor to engage in sexual conduct;
Use of a minor in a sexual performance;
Solicitation of a minor to practice prostitution;
Any conduct that by its nature is a sexual offense against a minor; or
An attempt to commit an offense described above in any of the offenses against a victim who
is a minor for the purposes of this definition.
Conduct that is criminal only because of the age of the victim shall not be considered a
criminal offense if the perpetrator is under the age of 18 years.
classification. A process for determining the level of custody and program requirements for
military prisoners.
confinement. The restraint of a person imposed by order of competent authority, either pending
disposition of charges (pre-trial) or as a result of a sentence adjudged by court-martial.
corrections council. An authorized DoD board composed of corrections representatives from
each Military Service and a representative from the Military Department C&PB from each
Military Department and chaired by a senior staff member appointed by the USD(P&R).
custody. The degree of supervision each military prisoner requires.
custody levels. The classification level assigned to each military prisoner signifying the degree
of supervision and type of restraint appropriate based on the prisoner, the circumstances of the
confinement, and all other appropriate factors. The four basic custody levels are maximum
custody, medium custody, minimum custody, and installation custody or trusty. Facilities may
further subdivide these custody grades as required to facilitate additional security controls.
MSR. A form of conditional release granted to a qualifying individual who has served that
portion of his or her sentence to confinement up to their MRD. This form of release is served
until the adjusted maximum release date unless otherwise revoked or remitted by the respective
Military Department C&PB.
DoDI 1325.07, March 11, 2013
Change 4, 08/19/2020 GLOSSARY
parole. A prisoner on a conditional release from confinement, under the guidance and
supervision of a USPO.
prisoner. A person sentenced by a court-martial to confinement or death and ordered into
confinement by competent authority whether or not the sentence has been ordered approved by
the convening authority. A person placed into confinement by competent authority pending trial
by court-martial is a pretrial prisoner.
privileged mail. All correspondence between a prisoner and the President or Vice President of
the United States, Secretaries of the Military Departments, courts, members of the U.S. Congress
or their representatives, general counsels, inspectors-general or their representatives, clergy, the
Service parole authority, the prisoner’s defense counsel, or military or civilian attorneys of
record is considered privileged mail.
risk
internal risk. The potential danger a prisoner represents to staff, other prisoners, and the day-
to-day good order of the facility.
external risk. The potential danger a prisoner represents to the community for possible
recidivism or other criminal behavior
return to military control date. The date and hour when an absentee, deserter, or parole violator
surrenders to, is delivered to, is apprehended by or for military authorities, or otherwise comes
under the control of military personnel.
segregation
administrative. The separation of a prisoner from general population to prevent injury to
others or to himself or herself, or to promote the general, safe, and orderly administration of the
MCF.
disciplinary. The separation of a prisoner from general population as an administrative
disciplinary measure. A group of cells or secure rooms used to house those prisoners who have
serious adjustment problems, or create anxiety and disruption among other prisoners in the
general population. Programs, movements, and privileges should be limited only as necessary
for the maintenance of good order.
supervised release. Both parole and MSR.
supervisee. A prisoner on either parole or MSR.