Final HQDA Implementation. Memorandum dated 23 October 2003

Senior mission commander (a term undefined in the message) must:

  1. militarydefenseattorneys9.57.14 PMEnsure immediate implementation of the message.
  2. Display the message outside unit arms rooms and all facilities in which Government firearms or ammunition are stored, issued, disposed, or transformed.
  3. Inform Soldiers that they have an affirmative and continuing obligation to inform their superiors if they have, or later obtain, a qualifying conviction. DD Form 2760 shall be used for this purpose. Soldiers will also be informed of the use immunity provisions of DD Form 2760 (neither the information nor evidence gained from filling out the form can be used in any prosecution against a Soldier for past violations of the Lautenberg Amendment).
  4. Ensure that company-level commanders collect completed DD Form 2760s and file in local MPRF.
  5. Ensure that local pre-command courses inform company-level commanders of their obligations.
  6. Implement procedures to track domestic violence arrests and convictions off- post.

Reporting Requirements.

militarydefenseattorneys9.57.23 PMAll Soldiers with qualifying convictions must be identified and reported to ensure compliance with the law.

  • Commanders who have reasonable cause to believe there is a qualifying conviction should take action to investigate. An investigation may be initiated by ordering a Soldier to complete DD Form 2760.
  • Soldiers who have or believe they have a qualifying conviction should be referred to a legal assistance attorney for advice. Legal assistance attorneys can assist in seeking pardon or expungement of convictions.
  • Soldiers will be given a reasonable time to seek expungement or pardon for a qualifying conviction. They can extend up to one year for that purpose. 
 I E-21
  • If a Soldier has a qualifying conviction, or there is reasonable cause to believe he has one, the commander will immediately retrieve all government-issued firearms and ammunition and advise the Soldier to consult with a legal assistance attorney on the lawful disposal or sale of privately-owned firearms or ammunition.

Personnel policies.

  • Soldiers with qualifying convictions:
    • Must be detailed to meaningful duties that do not require bearing weapons or ammunition.
    • May be reassigned to TDA units that deny them access to weapons and ammunition.
    • May not be appointed or assigned to leadership, supervisory, or property accountability positions that would require access to firearms or ammunition.
    • May not attend any service school where instruction with firearms or ammunition is part of the curriculum.
    • Must be counseled that inability to complete service schools could impact future promotion and retention.

Mobilization/Deployment

militarydefenseattorneys9.57.44 PMSoldiers with qualifying convictions are not mobilization assets and are nondeployable for missions requiring possession of firearms or ammunition.

  • Lautenberg Soldiers are not eligible for OCONUS assignments.
  • OCONUS active and AGR Soldiers will complete their tours.
  • Soldiers will not be curtailed from OCONUS assignments.
  • For purposes of this message, OCONUS does not include Alaska, Hawaii, or Puerto Rico.
  • The Army does not have a specific “Lautenberg Chapter.”
  • Commanders may separate Soldiers based on the underlying conduct that led to the qualifying conviction or for the conviction itself.
  • Soldiers may be temporarily accommodated pending a bar to reenlistment or involuntary separation.
  • Inability to perform certain missions due to a qualifying conviction may be appropriate comments for evaluation and efficiency reports.
  • Soldiers will not be given a waiver for enlistment or reenlistment.Soldiers with qualifying convictions are not eligible for indefinite reenlistment.
  • Soldiers who have reenlisted for options requiring a CONUS PCS will proceed to new assignment.
  • OCONUS Soldiers will receive new assignment instructions from HRC.

Soldiers with qualifying convictions: