Page 474 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10177

(2) TRAINING LEADERSHIP POSITION.-The term "training leadership
position" means, with respect to a specially protected junior member of the armed forces,
any of the following:
(A) Any drill instructor position or other leadership position in a basic
training program, an officer candidate school, a reserve officers' training corps unit, a
training program for entry into the armed forces, or any program that, by regulation
prescribed by the Secretary concerned, is identified as a training program for initial career
qualification.
(B) Faculty and staff of the United States Military Academy, the United
States Naval Academy, the United States Air Force Academy, and the United States Coast
Guard Academy.
(3) APPLICANT FOR MILITARY SERVICE.-The term "applicant for military
service" means a person who, under regulations prescribed by the Secretary concerned, is
an applicant for original enlistment or appointment in the armed forces.
(4) MILITARY RECRIDTER.-The term ""military recruiter" means a person
who, under regulations prescribed by the Secretary concerned, has the primary duty to
recruit persons for military service.
(5) PROIDBITED SEXUAL ACTIVITY.-The term "'prohibited sexual activity"
means, as specified in regulations prescribed by the Secretary concerned, inappropriate
physical intimacy under circumstances described in such regulations.
b. Element.~;·.
(1) Abuse of training leadership position.
(a) That the accused was a commissioned, warrant, noncommissioned, or petty officer;
(b) That the accused was in a training leadership position with respect to a specially
protected member of the armed forces; and
(c) That the accused engaged in prohibited sexual activity with a person the accused knew,
or reasonably should have known, was a specially protected junior member of the anned forces.
(2) Abuse of position as a militmy recruiter.
(a) That the accused was a commissioned, warrant, noncommissioned or petty officer;
(b) That the accused was perfom1ing duties as a military recruiter; and,
(c) That the accused engaged in prohibited sexual activity with a person the accused knew,
or reasonably should have known, was an applicant for military service or;
(d) That the accused engaged in prohibited sexual activity with a person the accused knew,
or reasonably should have known, was a specially protected junior member of the anned forces
who is enlisted under a delayed entry program.
c. Explanation.
(1) In general. The prevention of inappropriate sexual activity by trainers, recruiters, and drill
instructors with recruits, trainees, students attending service academies, and other potentially
vulnerable persons in the initial training environment is crucial to the maintenance of good order
and military discipline. Military law, regulation, and custom invest officers, non-commissioned
officers, drill instructors, recruiters, cadre, and others with the right and obligation to exercise
control over those they supervise. In this context, inappropriate sexual activity between
recruits/trainees and their respective recruiters/trainers are inherently destructive to good order and
discipline. The responsibility for identifying by regulation relationships subject to this offense and
those outside the scope of this offense (e.g., a "training and leadership position" Servicemember
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and a "specially protected junior member of the armed forces" who were married prior to assuming

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