Interim Guidance Regarding Requests for Religious Accommodation

1.  General.  Reference (c) is Service policy
regarding requests for religious accommodation.  Pursuant to the
recent publication of reference (a), this MARADMIN provides interim
guidance regarding requests for religious accommodation.  Applicable
changes to policy will be incorporated into reference (c).
1.a.  This MARADMIN is applicable to Marines, U.S. Navy Service
members assigned to Marine Corps commands who are required to adhere
to Marine Corps standards, and Qualified Applicants.
1.b.  Definitions provided in this MARADMIN apply only to the
subject, and in no other context.
1.c.  Religious accommodation requests currently approved by the
Deputy Commandant for Manpower and Reserve Affairs (DC M&RA) remain
in effect unless and until rescinded, in whole or in part, by the
DC M&RA.
1.d.  Service members with an approved religious accommodation are
responsible for providing a copy of the approval to current and
subsequent commanders.
2.  Maintaining Compliance with Standards.  Marine Corps standards
are high, uncompromising, and clear.  Requestors will continue to
comply with the policy, practice, or duty from which an
accommodation has been requested unless and until informed, in
writing, that the request has been approved by the appropriate
adjudication authority.
3.  Two Types of Requests and Their Associated Authorities
3.a.  Dietary Practices and Religious Observances.  One type of
religious accommodation can be approved consistent with Department
of War (DOW), Department of Navy (DON), or Marine Corps
service-level policies or regulations.  This type of request is
normally associated with dietary practices and time off for
religious observances.
3.a.1.  Adjudication Authority.  This type of request will continue
to be reviewed and acted upon by the first Marine Corps Special
Court-Martial Convening Authority (SPCMCA) in a requestor's chain of
command, in accordance with reference (c).
3.a.2.  Appellate Authority.  The first Marine Corps General
Court-Martial Convening Authority (GCMCA) is the appellate authority
for this type of request.
3.a.3.  Submission Timeline
3.a.3.a.  For Requests Initiated Within the United States:  Submit
complete staffing packages to the SPCMCA no later than 30 days from
the date of the request.
3.a.3.b.  For Requests Initiated Outside the United States or for
Reserve Component Service Members Not on Active Duty:  Submit
complete staffing packages to the SPCMCA no later than 60 days from
the date of the request.
3.b.  Uniform, Grooming, and Vaccinations.  The other type of
religious accommodation requires the waiver of otherwise applicable
DOW, DON, or Marine Corps service-level policies and regulations.
This type of request is normally associated with uniform and
grooming standards, body art, and vaccinations.
3.b.1.  Adjudication Authority.  This type of request will be
submitted to the DC M&RA and endorsed by the requestor's chain of
command, including the first Marine Corps GCMCA.
3.b.2.  Appellate Authority.  The Director, Marine Corps Staff is
the appellate authority for this type of request, except for
requests regarding vaccine requirements.  The Assistant Secretary of
the Navy (Manpower and Reserve Affairs) serves as the final
appellate authority for requests for religious accommodation from
vaccine requirements.
3.b.3.  Submission Timeline.  For staffing packages being submitted
to DC M&RA, final endorsers must submit complete, signed, dated, and
scanned staffing packages to the SharePoint address provided in this
MARADMIN.
3.b.3.a.  For Requests Initiated Within the United States:  Submit
complete staffing packages to the DC M&RA no later than 30 days from
the date of the request.
3.b.3.b.  For Requests Initiated Outside the United States or for
Reserve Component Service Members Not on Active Duty:  Submit
complete staffing packages to the DC M&RA no later than 60 days from
the date of the request.
4.  Requests.  Individual requests for religious accommodation shall
be submitted via a signed and dated NAVMC 10274 AA Form addressed to
the appropriate adjudication authority.  At a minimum, each request
must include the following:
4.a.  The requestor's written description of the religious belief
that is the basis of the request and an explanation of how the
religious belief conflicts with prescribed policy or regulations;
how the respective policy, practice, or duty substantially burdens
the practice of their religious belief.
4.b.  Supporting information or evidence that demonstrates the
religious belief is sincerely held, which may include, but is not
limited to, personal testimony, participation in religious
observances, or corroborating statements from religious leaders or
community members.
4.c.  A written, signed, and sworn statement affirming the validity
of the matters presented in the request, to include that the belief
is sincerely held and religious in nature and an acknowledgement
that false statements may be subject to disciplinary action under
the Uniform Code of Military Justice (UCMJ) or denial of accession,
as appropriate.  This statement must be witnessed, signed, and dated
by a commissioned officer in the requestor's chain of command, as
well as by the requestor.
4.d.  Requestors may provide additional information or evidence of
accommodation that would not burden their religious beliefs, if
desired.
5.  Command Endorsements.  At a minimum, command endorsements must
include the following:
5.a.  Sincerity Assessment.  A written assessment of the requestor's
sincerity of religious belief that addresses the following:
5.a.1.  Contextual factors, such as circumstances existing at the
time of the request, contradictory or inconsistent statements and
conduct, and any evidence suggesting that the request may be based
on personal preference or convenience.
5.a.2.  Input from the first-line supervisor on the character of the
requestor and adherence to Marine Corps values.
5.a.3.  Input from a military chaplain on the religious nature of
the requestor's belief.
5.a.4.  Input from other sources at the commander's discretion.
5.b.  Operational Assessment.  A written assessment of any impact of
the religious accommodation to mission requirements.  The assessment
must include the following:
5.b.1.  Specific information concerning the requestor's occupation;
current and anticipated work environment or hazards; requirements
concerning the likely and expected use of protective equipment
(e.g., helmets, masks, and respirators); and scheduled deployments,
exercises, or assignments.
5.b.2.  Specific information concerning the impact of the requested
religious accommodation to mission readiness; the role-specific
requirements for the requestor (i.e., emergency response,
firefighting, and hazardous material handling); the fit and
functionality of protective equipment; safety implications and
alignment with unit demands; and feasibility of alternative
accommodations.
5.c.  For requests for religious accommodation from requirements set
by a Combatant Command or other supervisory authority, such as
theater-entry requirements, the respective Service Component Command
shall include documentation underlying the requirement from which
accommodation is being sought.
6.  Definitions
6.a.  Commander.  No lower than the first Special Court-Martial
Convening Authority in the requestor's chain of command.
6.b.  Compelling Government Interest.  A military requirement that
is essential to accomplishment of the military mission.  Per
reference (a), the DON has a compelling government interest in
mission accomplishment at the individual, unit, and organizational
levels, including such necessary elements of mission accomplishment
as military readiness, unit cohesion, good order and discipline, and
health and safety.
6.c.  Immunization.  The process by which a person becomes protected
or resistant to an infectious disease, typically by the
administration of a vaccine.
6.d.  Navy Personnel.  U.S. Navy Service members assigned to Marine
Corps units who are required to adhere to Marine Corps standards,
including those who are authorized to wear the Marine Corps uniform,
pursuant to reference (d).
6.e.  Qualified Applicant.  A pre-accession applicant for enlisted
or commissioned service in the Marine Corps who meets all applicable
eligibility requirements in law and DOW, DON, and Service-level
policy to be accessed into the Marine Corps or has an approved
waiver from such requirement.
6.f.  Religious Accommodation.  Excusing a requestor from an
otherwise applicable military policy, practice, or duty, based on
the requestor's sincerely held religious beliefs.  Some religious
accommodations may be granted consistent with DOW, DON, and
Service-level policy (e.g., duty schedule and dietary restrictions),
while others require an exception to otherwise applicable policy
(e.g., uniform, grooming, and vaccination regulations).
6.g.  Religious Belief.  Commanders should contact their Staff Judge
Advocate (SJA) for specific legal advice regarding this definition,
as necessary.
6.h.  Religious Practice.  An action, behavior, or course of conduct
constituting individual expressions of religious beliefs, whether
compelled by, or central to, the religion concerned.
6.i.  Sincerely Held.  Commanders should contact their SJA for
specific legal advice regarding this definition, as necessary.
6.j.  Substantial Burden.  A governmental act is a substantial
burden to a Service member's exercise of religion if it:
6.j.1.  Requires participation in an activity prohibited by a
sincerely held religious belief;
6.j.2.  Prevents participation in conduct motivated by a sincerely
held religious belief; or
6.j.3.  Places substantial pressure on a Service member to engage in
conduct contrary to a sincerely held religious belief.
6.k. Vaccine.  A preparation that contains one or more components of
a biological agent or toxin and induces a protective immune response
against that agent when administered to an individual.
7.  Coordinating Guidance for Commanders
7.a.  Commanders may request that requestors submit additional
documentation or evidence to assist in evaluating requests for
religious accommodation.  The commander's request will be in writing
and narrowly tailored to the specific concerns identified during the
review process.
7.b.  Commanders should seek guidance from medical providers,
chaplains, SJAs, and other appropriate officials as necessary in the
review of specific, evidence-based findings of compelling government
interest and the least restrictive means of furthering that
compelling government interest.
7.c.  Commanders maintain the ability to make deployment,
assignment, and readiness determinations for individuals whose
religious accommodation requests are pending or approved.
7.d.  The timing of a request for religious accommodation alone may
not be used as the basis for a determination of insincerity or for
action under the UCMJ.
8.  Released authorized by Lieutenant General William J. Bowers,
Deputy Commandant for Manpower and Reserve Affairs.