The United States Navy has significantly updated its approach to preventing, reporting, investigating, and responding to sexual harassment. These changes reflect Congressional direction, Department of Defense policy, and Navy-specific instructions that emphasize accountability, victim protection, and due process. Sexual harassment is now a punishable offense under the Uniform Code of Military Justice (UCMJ), and substantiated misconduct may result in disciplinary action, mandatory counseling documentation, and, in certain cases, administrative separation.
This article provides an overview of:
(1) The Navy sexual harassment report process
(2) The use of Page 13 (PG 13) entries in sexual harassment cases
(3) Administrative separation (ADSEP) requirements related to sexual harassment
Sexual harassment is criminalized under Article 134, UCMJ, and includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when such conduct affects employment decisions, interferes with work performance, or creates a hostile work environment. Psychological harm is not required; the standard is whether a reasonable person would perceive the environment as hostile or offensive.
Department of Defense policy establishes uniform standards for identifying and responding to sexual harassment across the services (DoDI 1020.03, Change 3). Navy-specific implementation guidance is provided in OPNAVINST 5354.1 and reinforced by SECNAVINST 5300.26.
Sailors may report sexual harassment through several channels:
NAVADMIN 022/24 expanded confidential reporting by allowing Sailors to access support services without triggering an automatic investigation.
Formal sexual harassment complaints must be forwarded to the next higher-level commander (O-6) within 72 hours and then referred to NCIS for investigation (OPNAVINST 5354.1; ALNAV 001/25). NCIS determines whether sufficient facts exist to proceed and investigates if accepted.
After the investigation, the referring commander, acting in consultation with a judge advocate, determines whether the allegation is substantiated by a preponderance of the evidence. For misconduct occurring after 1 January 2025, substantiated sexual harassment is a covered offense that must be referred to the Office of Special Trial Counsel (OSTC), rather than handled directly by the command (ALNAV 001/25; NDAA FY 2023).
A Page 13 (NAVPERS 1070/613) is an administrative counseling and documentation tool authorized under Navy regulations. It is used to formally document counseling, expectations, and warnings, and to create an official record in a Sailor’s service file.
In sexual harassment cases, a PG 13 entry may be appropriate when:
A PG 13 is not punitive by itself and does not constitute punishment under the UCMJ. However, it may be used as evidence of notice and prior misconduct if future incidents occur.
Importantly, an informal complaint that results in punitive accountability cannot remain informal and must be processed as a formal sexual harassment complaint (OPNAVINST 5354.1). In such cases, the PG 13 may supplement—but not replace—the formal process.
Navy ADSEP Authority
Administrative separation for sexual harassment is governed by MILPERSMAN 1910-233, which identifies sexual harassment as a basis for separation when substantiated misconduct demonstrates behavior inconsistent with Navy standards.
Mandatory Processing Requirements
Recent policy changes emphasize mandatory separation processing in certain circumstances. Under ALNAV 001/25 and implementing guidance, when a substantiated sexual harassment complaint is referred back to the command by OSTC, the next higher-level commander is required to initiate involuntary administrative separation processing.
This requirement reflects Congressional intent, as codified in the National Defense Authorization Act for Fiscal Year 2023, to ensure consistent accountability and remove discretion in cases involving substantiated sexual harassment.
Administrative separation is not automatic discharge. The Sailor retains due process rights, including:
Depending on the facts and severity, characterization of service may range from Honorable to Other Than Honorable, consistent with MILPERSMAN guidance.
The Navy’s sexual harassment framework reflects a comprehensive system designed to prevent misconduct, protect complainants, ensure fairness to the accused, and hold offenders appropriately accountable. Formal investigation by NCIS, enhanced oversight by the Office of Special Trial Counsel, documented counseling through PG 13 entries, and mandatory administrative separation processing for substantiated cases together form a structured response aligned with DoD and Congressional mandates.
If you are accused of sexual harassment, you should consult with an experienced UCMJ attorney.
Steven J. Goralski, with Military Defense Litigator, LLC, primary serves Marine Corps Base Camp Lejeune and Fort Bragg. Serving these two locations allows service members in these two locations access to experienced, genuine and effective representation.
Marine Corps Base Camp Lejeune in Jacksonville, NC is home to II Marine Expeditionary Force. It is the largest Marine Corps Base on the East Coast. The location allows for amphibious training and its close proximity to two deep water ports allows rapid deployment worldwide.
Fort Bragg in Fayetteville, NC, by population is the largest military installation in the world with over 50,000 active duty service members. It also houses two airfields allowing quick deployment worldwide.
Available to represent service members throughout CONUS and world wide facing investigation and charges under the UCMJ.