Trident Review Boards

Controversy continues over whether Chief Petty Officer Edward R. Gallagher and other Navy SEALs should have been permitted to retain their Trident pins. Students of military justice may find it helpful to have a summary of the governing regulations and procedures.

Commander, Naval Special Warfare Command is required by OPNAVINST 1414.9B ¶ 5b to "establish and maintain an instruction that delineates strict prerequisites and formal procedures for qualification, re-qualification, disqualification, and failure to qualify within" the Sea, Air, and Land (SEAL) program. This has been accomplished by issuance of COMNAVSPECWARCOMINST 1221.1A.

According to Navy Military Personnel Manual 1220-085 ¶ 4a, "[m]embers whose Navy Enlisted Classification(s) (NEC(s)) is/are removed for disciplinary and/or administrative action per MILPERSMAN 1220-300 are no longer authorized to wear the insignia."  "An enlisted member previously qualified shall be disqualified by an appropriate qualifying officer if that member fails to continue to meet the requirements set forth in MILPERSMAN 1220-300" (¶ 5).

MILPERSMAN 1220-300 provides in pertinent part:

14. Forced conversion. Forced conversion is BUPERS-directed. Involuntary change of rating is based on a Service member’s loss of eligibility or suitability to further serve in present rating as defined in MILPERSMAN 1440-011. Forced conversions will be conducted per MILPERSMAN 1440-011 and as further described in this article. COs may recommend forced conversion/revocation of the SO rating NEC by submitting NAVPERS 1221/6 to BUPERS-324; commands must inform their immediate superior in command (ISIC) of recommended NEC removals up to echelon II level in order to ensure awareness and tracking of NSW community issues and trends. Service members assigned NEC 0000 have 30 days to request conversion to an undermanned rating per MILPERSMAN 1440-011, and the command must remove advancement recommendation until Service member successfully converts to a new rating. This revocation must not be used as a punitive measure, but based on the CO’s determination that the Service member is no longer suitable for assignment in the SO rating. NAVPERS 1221/6 must substantiate that determination by providing sufficient background and reasonable justification for removal of Service member’s NEC; this may be accomplished by either including sufficient background information within NAVPERS 1221/6 or by way of submitting supporting documentation (e.g., a preliminary inquiry) along with NAVPERS 1221/6. If supporting documentation will be submitted along with NAVPERS 1221/6, it should be referenced in the block “Amplifying Remarks” at the bottom of the form. Once the SEAL NEC has been revoked, the Sailor may not reapply for that NEC. Recommendations to revoke NEC must include one or more of the following statements:

“I have lost faith and confidence in the Service member’s ability to perform the duties associated with or required by their current rating.” and “The Service member is considered suitable for assignment to rate or rating billets not requiring NEC (fill-in)” or “The Service member is considered unsuitable for reassignment and will be recommended for administrative discharge by separate action. If retained in the Navy, the Service member may not reapply for reinstatement for NEC O26A” or “The Service member is unsuitable for duty in diver/EOD/SEAL/SWCC/UCT commands. The Service member may not reapply for reinstatement for NEC O26A.” 

The CO’s statement should also articulate any other pertinent duty or NEC restrictions deemed applicable by the Service member’s performance (i.e., special operations forces medic, joint tactical air controller, special operations parachute rigger, etc.). Primary reasons for forced conversion/revocation of NEC include, but are not limited to:

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c. Performance

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     (3) Loss of CO’s faith and confidence in the Service member’s ability to exercise sound judgment, reliability and personal conduct.

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Note: Forced conversion from the SO rating must not be used as a substitute for required disciplinary and or administrative action. Particular consideration must be exercised to ensure that forced conversion is not used to transfer Service members to other duty when they clearly do not meet the established high standards for continued naval service.

MILPERSMAN 1440-011 provides:

2. Primary Reasons for Forced Conversion (list is not all inclusive)

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b. Disqualification, NEC loss, or commanding officer’s (CO) loss of confidence for special warfare/operations personnel; . . .

Navy Enlisted Classification (NEC) Review Boards for SEALs are known colloquially as Trident Review Boards. At such a board the Sailor has a right but not a duty to appear, and cannot be represented by an attorney. The Sailor is provided the documents on the basis of which the board has been convened. (In Chief Gallagher's case, the documentary evidence relates to his conviction by general court-martial for a violation of Art. 134, UCMJ, conduct to the prejudice of good order and discipline and of a nature to bring discredit upon the armed forces in that he wrongfully posed for unlawful pictures with a human casualty.) The Sailor may refute the evidence, call witnesses who are reasonably available if their testimony is relevant, and present evidence on his or her own behalf. Witnesses appear at no expense to the government, and may testify in person, by remote means, or by submission of a written statement. No one else may attend the proceedings, and witnesses are excused once they have testified.

Practitioners may be surprised to know that in Chief Gallagher's case the board was to have been chaired by a Master Chief Petty Officer (E-9) even though the senior member was a Navy Commander (O-5). This is in accordance with the governing instruction. The other three members were Master Chiefs.

The board evaluates the Sailor's operational ability, judgment, potential, and motivation for continued service as a Navy SEAL, makes findings, and prepares a recommendation as to whether the Sailor's NEC should be retained or removed. It may also recommend issuance of a Letter of Instruction outlining necessary corrective actions. If the board recommends NEC removal, it may also recommend forced conversion (as discussed above). The board's recommendation is forwarded by the commanding officer with his or her own recommendation to the Navy Personnel Command's Career Administration Division (PERS-81). The CO is not bound by the board's recommendation but takes it into consideration in making his own recommendation. Navy Personnel Command makes the ultimate decision to remove a NEC.

H/T to COMNAVSPECWARCOM for providing a copy of the governing instruction.