DoDI 1300.17, "Religious Liberty in the Military Services," Effective

DOD INSTRUCTION 1300.17

ELIGIOUS LIBERTY IN THE MILITARY SERVICES

Originating Component: Office of the Under Secretary of Defense for Personnel and Readiness

Effective: September 1, 2020

Releasability: Cleared for public release. Available on the Directives Division Website

at https://www.esd.whs.mil/DD/.

Reissues and Cancels: DoD Instruction 1300.17, “Accommodation of Religious Practices Within

the Military Services,” February 10, 2009, as amended

Incorporates and Cancels: Assistant Secretary of Defense for Force Management Policy

Memorandum, “Sacramental Use of Peyote by Native American Service

Members, “April 25, 1997

Approved by: Matthew P. Donovan, Under Secretary of Defense for Personnel and

Readiness

Purpose: In accordance with the authority in DoD Directive 5124.02, this issuance:

• Establishes DoD policy in furtherance of the Free Exercise Clause of the First Amendment to the

Constitution of the United States, recognizing that Service members have the right to observe the tenets

of their religion, or to observe no religion at all.

• Establishes policy, assigns responsibilities, and provides procedures for the accommodation of

religious practices of Service members.

• Establishes DoD policy on the accommodation of individual expressions of sincerely held beliefs

(conscience, moral principles, or religious beliefs), which do not have an adverse impact on military

readiness, unit cohesion, good order and discipline, or health and safety.

• Establishes DoD policy providing that an expression of sincerely held beliefs (conscience, moral

principles, or religious beliefs) may not, in so far as practicable, be used as the basis of any adverse

personnel action, discrimination, or denial of promotion, schooling, training, or assignment.

• Implements requirements in Section 2000bb-1 of Title 42, United States Code (U.S.C), also known

as “The Religious Freedom Restoration Act” (RFRA), and other laws applicable to the accommodation

DoDI 1300.17, September 1, 2020

of religious practices for DoD to provide, in accordance with the RFRA, that DoD Components will

normally accommodate practices of a Service member based on a sincerely held religious belief.

• Requires DoD Components to oversee the development and provision of education and training on

the policies and procedures pertaining to the accommodation of religious practices of Service members

to commanders, judge advocates, chaplains, recruiters, and other personnel as deemed appropriate by the

Military Department or Military Service concerned.

DoDI 1300.17, September 1, 2020

TABLE OF CONTENTS 3

TABLE OF CONTENTS

SECTION 1: GENERAL ISSUANCE INFORMATION .............................................................................. 4

1.1. Applicability. .................................................................................................................... 4

1.2. Policy. ............................................................................................................................... 4

SECTION 2: RESPONSIBILITIES ......................................................................................................... 6

2.1. Assistant Secretary of Defense for Manpower and Reserve Affairs (ASD(M&RA)). ..... 6

2.2. DoD Component Heads Other than the Secretaries of the Military Departments. ........... 6

2.3. Secretaries of the Military Departments. .......................................................................... 6

SECTION 3: PROCESSING ACCOMMODATION REQUESTS .................................................................. 9

3.1. Accommodation Requests. ............................................................................................... 9

3.2. Review of and Action on Requests for the Accommodation of Religious Practices. ....... 9

a. Adjudication Authority. ................................................................................................. 9

b. Delegation. ..................................................................................................................... 9

c. Review and Action Timelines. ..................................................................................... 10

d. Factors for Consideration. ............................................................................................ 10

e. Notice of Resolution. ................................................................................................... 11

f. Administrative Appeal Process. ................................................................................... 11

g. Accommodation Duration and Proposals to Rescind a Granted Accommodation. ..... 11

h. Accommodation Modification or Suspense Under Exigent Circumstances. ............... 12

i. Pre-accession Procedures. ............................................................................................. 13

3.3. Required Principles and Rules for Military Regulations and Policies. ........................... 14

3.4. Additional Guidance Regarding the Use of Peyote. ....................................................... 15

GLOSSARY ..................................................................................................................................... 17

G.1. Acronyms. ...................................................................................................................... 17

G.2. Definitions. ..................................................................................................................... 17

REFERENCES .................................................................................................................................. 19

TABLES

Table 1. Review and Action Timeline for Processing Accommodation Requests ...................... 10

DoDI 1300.17, September 1, 2020

SECTION 1: GENERAL ISSUANCE INFORMATION 4

SECTION 1: GENERAL ISSUANCE INFORMATION

1.1. APPLICABILITY.

a. This issuance applies to OSD, the Military Departments, the Office of the Chairman of the

Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of Inspector

General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all

other organizational entities within the DoD (referred to collectively in this issuance as the “DoD

Components”).

b. The definitions, policies, procedures, and assignments of responsibility prescribed in this

issuance apply only to the accommodation of religious practices of Service members and in no

other context.

1.2. POLICY.

a. Pursuant to the Free Exercise Clause of the First Amendment to the United States

Constitution, Service members have the right to observe the tenets of their religion or to observe

no religion at all, as provided in this issuance.

b. In accordance with Section 533(a)(1) of Public Law 112-239, as amended, the DoD

Components will accommodate individual expressions of sincerely held beliefs (conscience,

moral principles, or religious beliefs) which do not have an adverse impact on military readiness,

unit cohesion, good order and discipline, or health and safety. A Service member’s expression of

such beliefs may not, in so far as practicable, be used as the basis of any adverse personnel

action, discrimination, or denial of promotion, schooling, training, or assignment.

c. In accordance with Section 533(b) of Public Law 112-239, as implemented by DoD

Instruction 1304.28, no Service member may require a chaplain to perform any rite, ritual, or

ceremony that is contrary to the conscience, moral principles, or religious beliefs of the chaplain,

nor may any Service member discriminate or take any adverse personnel action on the basis of

the refusal by the chaplain to comply with such requirements. This does not preclude

disciplinary or administrative action for conduct by a Service member that is proscribed by

Chapter 47 of Title 10, U.S.C. (the Uniform Code of Military Justice), including actions and

speech that threaten good order and discipline.

d. Requests for religious accommodation will be analyzed under the standard in

Paragraph 1.2.e. of this issuance using the process in Section 3 of this issuance. Accommodation

of practices reflecting a Service member’s sincerely held conscience or moral principles will be

governed by the policies of the DoD Component concerned.

e. DoD Components have a compelling governmental 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. In accordance with RFRA and the guidance in this issuance, DoD Components will

normally accommodate practices of a Service member based on sincerely held religious belief.

DoDI 1300.17, September 1, 2020

SECTION 1: GENERAL ISSUANCE INFORMATION 5

Accommodation includes excusing a Service member from an otherwise applicable military

policy, practice, or duty. In accordance with RFRA, if such a military policy, practice or duty

substantially burdens a Service member’s exercise of religion, accommodation can only be

denied if:

(1) The military policy, practice, or duty is in furtherance of a compelling governmental

interest.

(2) It is the least restrictive means of furthering that compelling governmental interest.

In applying the standard in Paragraphs 1.2.e.(1) and 1.2.e.(2), the burden of proof is placed upon

the DoD Component, not the individual requesting the exemption.

f. Requests for the accommodation of religious practices will be reviewed and acted on as

soon as possible, in accordance with this issuance and any DoD Component implementing

guidance.

g. In accordance with provisions in Paragraphs 1.2.e and 1.2.f of this issuance, immediate

commanders may resolve requests for accommodation of religious practices that do not require a

waiver of DoD Component policies regarding the wearing of military uniforms, the wearing of

religious apparel, or Service grooming, appearance, or body art standards.

DoDI 1300.17, September 1, 2020

SECTION 2: RESPONSIBILITIES 6

SECTION 2: RESPONSIBILITIES

2.1. ASSISTANT SECRETARY OF DEFENSE FOR MANPOWER AND RESERVE

AFFAIRS (ASD(M&RA)).

Under the authority, direction, and control of the Under Secretary of Defense for Personnel and

Readiness, the ASD(M&RA):

a. Is responsible for the administration of this issuance and for oversight of the

implementation of the policies and procedures it establishes. Issues guidance to the DoD

Components, as necessary, concerning the accommodation of religious practices and the

implementation of the policies in this issuance.

b. Acts on Military Department requests regarding limitations on the use, possession, or

transportation of peyote cactus for religious practices, in addition to those already listed in

Paragraph 3.4. of this issuance, in accordance with Paragraph 3.4.a.(4) of this issuance.

2.2. DOD COMPONENT HEADS OTHER THAN THE SECRETARIES OF THE

MILITARY DEPARTMENTS.

The DoD Component heads other than the Secretaries of the Military Departments:

a. Ensure that requests for the accommodation of religious practices are processed or

forwarded for review and action in accordance with this issuance and the implementing

regulations and policies of the Military Department and Military Service to which the Service

member belongs.

b. Establish component regulations and policies to address the Service member’s sincerely

held conscience or moral principles in accordance with Paragraph 1.2.d. of this issuance.

2.3. SECRETARIES OF THE MILITARY DEPARTMENTS.

The Secretaries of the Military Departments:

a. Adhere to all provisions of this issuance.

b. Administer their respective programs and update existing regulations and policies, or

develop and distribute new guidance, as appropriate, to implement the provisions of this

issuance. Implementing issuances will, consistent with this issuance:

(1) Establish controls to ensure compliance with established procedures and processing

timelines applicable to accommodation requests.

(2) Designate appropriate agency officials to review and act on the following:

DoDI 1300.17, September 1, 2020

SECTION 2: RESPONSIBILITIES 7

(a) Requests for the accommodation of religious practices.

(b) Requests for an exemption to an otherwise applicable Military Department or

Military Service policy in support of the requesting Service member’s exercise of religion or

furtherance of religious practices, including, but not limited to, requests pertaining to:

1. Religious apparel, including religious body art.

2. Grooming.

3. Medical practices, including DNA (deoxyribonucleic acid) specimen sampling

and immunizations.

accommodation.

(3) Ensure, to the greatest extent practical, the consistent application of the policies and

procedures prescribed by this issuance to similarly situated requests for the accommodation of

religious practices throughout their respective Military Departments.

(4) Develop and implement a standards-based approach to the review of, and final action

on, requests for the accommodation of religious practices to promote predictable outcomes for

the same or similar requests. Such standards will be evidence-based and address commonly

requested accommodations. The Military Departments and Military Services will issue or update

applicable regulations and policies to authorize officers or officials at the lowest appropriate

level of command or supervision to review and take final action on requests for accommodations

covered by such standards, in accordance with this issuance. The absence of a standards-based

approach to a requested accommodation will not, standing alone, serve as the basis for denying

the request. Such a standards-based approach may include:

(a) A list of accommodations of religious practices that may, in ordinary

circumstances, be granted to a member serving in a particular military occupational specialty,

rating, specialty code, or duty assignment.

(b) Specific guidance on factors to be considered in making individual

determinations with regard to a commonly requested or other accommodation of religious

practices. Such factors may include those enumerated in Paragraph 3.2.d. of this issuance.

(c). Provide information about the policies and procedures governing the

accommodation of religious practices and religious expression to prospective Service members,

in accordance with Paragraph 3.2.i. of this issuance.

(d) Request, as appropriate, approval from the ASD(M&RA) regarding limitations

on the use, possession, or transportation of peyote cactus for religious practices, in addition to

those already listed in Paragraph 3.4. of this issuance, in accordance with Paragraph 3.4.a.(4) of

this issuance.

DoDI 1300.17, September 1, 2020

SECTION 2: RESPONSIBILITIES 8

(5) Oversee the development and provision of education and training on the policies and

procedures pertaining to the accommodation of religious practices of Service members to:

(a) Commanders.

(b) Judge advocates.

(d) Recruiters.

(e) Other personnel as deemed appropriate by the Military Department or Military

Service concerned.

DoDI 1300.17, September 1, 2020

SECTION 3: PROCESSING ACCOMMODATION REQUESTS 9

SECTION 3: PROCESSING ACCOMMODATION REQUESTS

3.1. ACCOMMODATION REQUESTS.

a. Service members submitting a request for accommodation will continue to comply with

the policy, practice, or duty from which an accommodation has been requested unless and until

informed that the request has been approved by the appropriate authority. Exceptions to this

requirement may only be granted in exceptional circumstances, in accordance with the

implementing regulations and policies promulgated by the Military Department and Military

Service concerned.

b. Requests for accommodation submitted by a cadet or midshipman enrolled at a Military

Service Academy or in a Senior Reserve Officers’ Training Corps program will be addressed in

accordance with this issuance and the implementing regulations and policies promulgated by the

Military Department and Military Service concerned.

c. Nothing in this issuance precludes disciplinary or administrative action for conduct by a

Service member that is prohibited by Chapter 47 of Title 10, U.S.C., also known as “The

Uniform Code of Military Justice.”

3.2. REVIEW OF AND ACTION ON REQUESTS FOR THE ACCOMMODATION OF

RELIGIOUS PRACTICES.

a. Adjudication Authority.

Requests for the accommodation of religious practices that can be approved consistent with

Military Department and Military Service regulations or policies, (e.g., current uniform and

grooming standards) will be reviewed and acted on at the lowest appropriate level of command

or supervision, as provided in the regulations and policies of the Military Department and

Military Service concerned and in accordance with this issuance. Requests for the

accommodation of religious practices that require the waiver of otherwise applicable Military

Department and Military Service regulations and policies will be forwarded to the Secretary of

the Military Department concerned. Records concerning requests for accommodations will be

maintained in accordance with DoD Instruction 5400.11.

b. Delegation.

The Secretary of a Military Department may delegate, in writing, the authority to act on

requests for the accommodation of religious practices that require the waiver of otherwise

applicable Military Department and Military Service regulations and policies only as described

in Paragraph 3.2.b.(1) through 3.2.b.(3).

(1) Department of the Army.

Delegation may be no lower than the Deputy Chief of Staff, G-1.

DoDI 1300.17, September 1, 2020

SECTION 3: PROCESSING ACCOMMODATION REQUESTS 10

(2) Department of the Navy.

Delegation may be no lower than the Chief of Naval Personnel, or the Deputy

Commandant of the Marine Corps for Manpower and Reserve Affairs, as appropriate.

(3) Department of the Air Force.

Delegation may be no lower than the Air Force Deputy Chief of Staff for Manpower,

Personnel, and Services, or the Deputy Chief of Space Operations for Personnel and Logistics

Services, as appropriate.

c. Review and Action Timelines.

Requests for the accommodation of religious practices will be reviewed and acted on as soon

as practicable, and no later than the timelines provided in Table 1. Exceptions to this review and

action timeline may be granted only in exceptional circumstances, as determined by the

regulations and policies of the Military Department and Military Service concerned.

Table 1. Review and Action Timeline for Processing Accommodation Requests

Action to be Taken For Requests Within the United

States

For Requests Outside the

United States or for Reserve

Component Service Members

Not on Active Duty

Action on Requests for Religious Accommodation that Can Be Approved Consistent with

Existing Military Department or Military Service Regulations or Policies

Review and final action

completed and written

notification to requesting

Service member provided

No later than 30 business days

from Service member

submission

No later than 60 days from

Service member submission

Action on Requests for Religious Accommodation that Require the Waiver of Otherwise

Applicable Military Department or Military Service Regulations or Policies

Written request for

accommodation received by the

Office of the Secretary

concerned

No later than 30 days from

Service member submission to

commander or supervisor

No later than 60 days from

Service member submission to

commander or supervisor

Review and final action

completed and written

notification to requesting

Service member provided

No later than 60 days from receipt by the Office of the Secretary

concerned.

Must be provided to the Service member within 5 days

of final action

1. Unless authority is delegated to a subordinate official in accordance with Paragraph 3.2.b of this

issuance.

d. Factors for Consideration.

Officials charged with making recommendations or taking final action on a Service

member’s request for the accommodation of religious practices will review each request

DoDI 1300.17, September 1, 2020

SECTION 3: PROCESSING ACCOMMODATION REQUESTS 11

individually, considering the full range of facts and circumstances relevant to the specific

request. Factors to consider include:

(1) The compelling governmental interest in mission accomplishment, including military

readiness, unit cohesion, good order and discipline, or health and safety.

(2) Alternate means available to address the requested accommodation. The means that

is least restrictive to the requestor’s religious practice and that does not impede a compelling

governmental interest will be determinative.

e. Notice of Resolution.

A Service member will be promptly informed of the approval or disapproval of his or her

request for accommodation in accordance with Table 1.

(1) A Service member’s request for the accommodation of religious practices may be

granted in whole or in part. The Service member will be informed in writing of any conditions

or limitations placed on the grant that are necessary to meet the DoD’s compelling governmental

interest in mission accomplishment, such as, for example, conditions related to:

(a) Deployment;

(b) Health and safety issues relative to particular assignments or types of

assignments; or

conform to military standards to protect health and safety, or maintain good order and discipline.

(2) A Service member whose request is granted in part will be informed, in writing, of

the specific elements of that approval.

f. Administrative Appeal Process.

The regulations and policies of a Military Department or Military Service implementing this

issuance will provide a process for Service members to appeal the denial of a request for

accommodation of religious practices, or any condition on such accommodation. Appeals will

be sent to an official in the chain of command or chain of supervision above the officer or

official who took final action on the request. No further administrative appeal will be available

for a decision made by the Secretary of the Military Department.

g. Accommodation Duration and Proposals to Rescind a Granted Accommodation.

An approved request for accommodation will remain in effect during follow-on duties,

assignments, or locations, and for the duration of a Service member’s military career, including

after promotions, reenlistment or commissioning, unless and until rescinded in accordance with

the requirements of this issuance.

DoDI 1300.17, September 1, 2020

SECTION 3: PROCESSING ACCOMMODATION REQUESTS 12

(1) In accordance with this issuance and the implementing policies and regulations of the

Military Department and Military Service concerned, an approved accommodation may be

subject to review and rescission, in whole or in part, at any time, based upon a determination that

the circumstances under which the grant of accommodation was approved have changed (e.g.,

deployment, new duties, or other material change in circumstances). The Military Department or

Military Service concerned—not the individual Service member—bears the burden of initiating a

proposal to review and rescind an accommodation previously granted.

(2) When a Military Department or Military Service initiates a proposal to review and

rescind an accommodation previously granted, an appropriate officer or official will forward a

written summary of the nature of the materially changed circumstances that require such review

and repeal to the Service member concerned for comment.

(a) The Service member will be:

1. Allotted no fewer than 10 days to review and comment on the proposed

rescission of the accommodation.

2. Afforded the opportunity to review and comment on any endorsements of this

proposal from the chain of command.

3. Afforded, subject to security classification requirements, the opportunity to

review and comment on any documents or attachments to the proposal or subsequent

endorsements.

(b) Any comments submitted by the Service member will be forwarded for

consideration by the appropriate official authorized to act on the matter, in accordance with this

issuance.

(3) A proposal to review and rescind a previously approved accommodation must be

acted on at a level of authority no lower than that at which the accommodation was granted, in

accordance with this issuance and the regulations and policies of the Military Department and

Military Service concerned implementing this issuance. The standard for repealing a previously

granted accommodation, in whole or in part, is the same as the standard for denying a request for

the accommodation of religious practices in the first place, and the same factors must be

considered, as appropriate.

h. Accommodation Modification or Suspense Under Exigent Circumstances.

Under exigent circumstances and in furtherance of a compelling governmental interest due to

operational necessity, when time is of the essence and no less restrictive means of religious

accommodation are available, a commander at a level determined by the Military Department or

Military Service concerned may temporarily modify or suspend accommodations granted, upon

notice to the Service member concerned and without benefit of appeal. The level of this

commander must be no lower than the officer exercising Summary Court-Martial Convening

Authority over a Service member who has previously been granted an accommodation of

religious practices.

DoDI 1300.17, September 1, 2020

SECTION 3: PROCESSING ACCOMMODATION REQUESTS 13

(1) To the extent practicable, the commander concerned, if not a general officer or flag

officer, or member of the senior executive service, will notify, in advance, the first general

officer or flag officer, or member of the senior executive service, as appropriate, in the affected

Service member’s chain of command or supervision, of the commander’s intent to modify or

suspend a previously granted accommodation. When such advance notice is not practicable, the

commander concerned will notify the appropriate general officer or flag officer, or member of

the senior executive service, as appropriate, as soon as circumstances permit.

(2) The Service member concerned may be required to immediately comply with the

modification or suspension of an accommodation, if circumstances so warrant.

(3) The modification or suspension of the accommodation will apply for only the

minimum period required by the circumstances.

i. Pre-accession Procedures.

(1) Applicants to the Military Services will be informed of the policies and procedures

for the accommodation of religious practices in accordance with this issuance, and as

implemented by the Military Department or Military Service concerned. These applicants

include individuals who apply for:

(a) A commissioning program;

(b) A warrant officer program;

(d) Reenlistment (or reentry) in the Military Services;

(e) Enrollment in a Military Service Academy or a Senior Reserve Officers’ Training

Corps program (including Military Service Academy preparatory schools); or

(f) The award of a scholarship or other benefit that requires a commitment to serve as

a Service member.

(2) The Military Departments and Military Services will develop processes for the

review and action on pre-accession requests for the accommodation of religious practices and

establish those processes in appropriate regulations and policies. Such processes must provide

applicants the opportunity to submit a request for accommodation of religious practices, and

receive a final decision on that request, before participation in the commissioning program,

warrant officer program, enlistment, reenlistment, enrollment in a Military Service Academy or a

Senior Reserve Officers’ Training Corps program, or award of such scholarship or benefit. The

review and processing of such requests must be consistent with this issuance.

DoDI 1300.17, September 1, 2020

SECTION 3: PROCESSING ACCOMMODATION REQUESTS 14

3.3. REQUIRED PRINCIPLES AND RULES FOR MILITARY REGULATIONS AND

POLICIES.

DoD Component regulations and policies must include the following principles and rules:

a. Worship practices, holy days, and Sabbath or similar religious observance requests will be

accommodated to the extent possible, consistent with mission accomplishment and will normally

not require a religious accommodation request.

b. A Service member’s religious practices will be considered in acting on a request for

separate rations. Accommodation requests for separate rations may be adjudicated at the

command level.

c. A Service member’s religious practices will be considered in acting on a request for

exemption from required medical practices. Action on a request for medical exemption must be

consistent with mission accomplishment, including consideration of potential medical risks to

other persons comprising the unit or organization.

d. The following rules govern the wear of items of religious apparel:

(1) In accordance with Section 774 of Title 10, U.S.C., Service members may wear items

of religious apparel while in uniform, except in circumstances in which wearing the item would

interfere with the performance of the member’s military duties or the item of apparel is not neat

and conservative. The Military Departments and Military Services will prescribe regulations

governing the wear of such items. Factors that may be considered in determining whether an

item of religious apparel interferes with military duties include, but are not limited to, whether

the item:

(a) Impairs the safe and effective operation of weapons, military equipment, or

machinery.

(b) Poses a health or safety hazard to the Service member wearing the religious

apparel or to others.

equipment (e.g., helmets, protective masks, wet suits).

(d) Otherwise impairs mission accomplishment.

(2) Religious items or articles not visible or apparent may be worn with the uniform,

provided they do not interfere with the performance of the Service member’s military duties, as

described in Paragraph 3.3.d.(1) of this issuance, and do not interfere with the proper wear of any

authorized article of the uniform.

(3) Under regulations and policies of the Military Department and Military Service

concerned, religious headgear may be worn with the uniform whenever a military cap, hat, or

other headgear is not prescribed. Religious headgear may also be worn underneath prescribed

DoDI 1300.17, September 1, 2020

SECTION 3: PROCESSING ACCOMMODATION REQUESTS 15

military headgear, provided it does not interfere with the proper wear, function, or appearance of

the headgear, as described in Paragraph 3.2.d.(1).

(4) Notwithstanding any other provision in this issuance, while conducting worship

services and during the performance of rites and rituals associated with his or her religious faith,

a chaplain may wear with the military uniform any required religious apparel or accouterments

associated with the traditions or practices of his or her religious faith.

(5) In evaluating requests for the accommodation of religious practices related to body

art, these factors will be among those considered:

(a) Whether the body art is neat and conservative.

(b) The location of the body art, including whether the body art is visible when the

Service member is wearing the military uniform.

3.4. ADDITIONAL GUIDANCE REGARDING THE USE OF PEYOTE.

a. There are additional rules governing the use of peyote in religious practices. In

accordance with Section 1996a of Title 42, U.S.C. (also known as the “American Indian

Religious Freedom Act Amendments of 1994”), Service members who are members of Indian

tribes as defined in that statute may use, possess, or transport the peyote cactus as a religious

sacrament in connection with the bona fide practice of a traditional Indian religion, and will not

be penalized or discriminated against on the basis of such use, possession, or transportation.

Reasonable limitations on the use, possession, transportation, or distribution of peyote may be

imposed to promote military readiness, promote safety, or comply with international law or laws

of other countries. The Secretaries of the Military Departments will prescribe regulations

authorizing the use, possession, or transportation of peyote cactus and imposing limitations on

such use, possession, or transportation including, but not limited to, the following:

(1) Peyote will not be used on duty or within 24 hours before scheduled military duty.

(2) Peyote may be possessed in amulet form, not for ingestion, and such an amulet may

be worn as an item of religious apparel subject to Military Service uniform regulations.

Otherwise, peyote will not be used, possessed, distributed, or introduced aboard military

vehicles, vessels, or aircraft or, except when permitted by the installation commander, on

military installations.

(3) A Service member who has used peyote will promptly notify their commander upon

return to duty after such use.

(a) The Secretary of the Military Department concerned may require pre-use

notification by Service members performing designated duties when it is in the interest of

military readiness or safety to notify commanders of a Service member’s intent to use peyote.

DoDI 1300.17, September 1, 2020

SECTION 3: PROCESSING ACCOMMODATION REQUESTS 16

(b) Upon notification of use or intended use of peyote, the Service member will

provide documentation verifying membership in an Indian tribe as defined by

Section 1996a(c)(2) of Title 42, U.S.C.

(4) The establishment by the Secretary of a Military Department of limitations on the

use, possession, or transportation of peyote cactus, in addition to those already listed in

Paragraph 3.4. of this issuance, must be consistent with RFRA, the Free Exercise Clause of the

First Amendment to the Constitution of the United States, any other applicable statutes such as

the American Indian Religious Freedom Act Amendments of 1994, and this issuance. Any such

additional limitations must be approved, in advance, by the ASD(M&RA). Before approving

any additional limitation proposed by the Secretary of a Military Department, the ASD(M&RA)

will consult with representatives of traditional Indian religions for which the sacramental use of

peyote is integral to their practice, pursuant to Section 1996a(b)(7) of Title 42, U.S.C.

b. Requests by Service members for the accommodation of a religious practice involving the

use, possession, or transportation of any substance other than peyote, the use, possession,

transportation, manufacturing, or distribution of which is prohibited by law or policy, will be

forwarded to the Secretary of the Military Department concerned for resolution. Before taking

final action on any such accommodation request, the Secretary of the Military Department

concerned will notify the ASD(M&RA).

DoDI 1300.17, September 1, 2020

GLOSSARY 17

GLOSSARY

G.1. ACRONYMS.

ACRONYM

MEANING

ASD(M&RA)

Assistant Secretary of Defense for Manpower and Reserve Affairs

RFRA

Religious Freedom Restoration Act

U.S.C.

United States Code

G.2. DEFINITIONS.

These terms and their definitions are for the purpose of this issuance.

TERM

DEFINITION

compelling

government interest

In the DoD, a military requirement that is essential to

accomplishment of the military mission. In accordance with

Paragraph 1.2.e. of this issuance, DoD Components have a

compelling governmental 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.

neat and

conservative

In the context of the wear of a military uniform, items of religious

apparel that:

Are discreet, tidy, and not dissonant or showy in style, size,

design, brightness, or color.

Do not replace or interfere with the proper wear of any authorized

article of the uniform.

Are not temporarily or permanently affixed or appended to any

authorized article of the uniform.

pre-accession

The period of time before a prospective Service member’s

participation in a commissioning program, warrant officer program,

enlistment (or entry), reenlistment (or reentry), or enrollment in a

Military Service Academy or a Senior Reserve Officers’ Training

Corps program.

DoDI 1300.17, September 1, 2020

GLOSSARY 18

TERM

DEFINITION

religious apparel

Articles of clothing, jewelry or other such accoutrements the wearing

of which is part of the observance of the religious faith practiced by

the Service member.

religious body art

Temporary or permanent tattoos, piercings through the skin or body

parts, or other modifications to the body that are a part of a Service

member’s religious practice.

religious practice

An action, behavior, or course of conduct constituting individual

expressions of religious beliefs, whether or not compelled by, or

central to, the religion concerned.

substantial burden

A governmental act is a substantial burden to a Service member’s

exercise of religion if it:

Requires participation in an activity prohibited by a sincerely held

religious belief;

Prevents participation in conduct motivated by a sincerely held

religious belief; or

Places substantial pressure on a Service member to engage in

conduct contrary to a sincerely held religious belief.

DoDI 1300.17, September 1, 2020

REFERENCES 19

REFERENCES

DoD Directive 5124.02, “Under Secretary of Defense for Personnel and Readiness

(USD(P&R)),” June 23, 2008

DoD Instruction 1304.28, “Guidance for the Appointment of Chaplains for the Military

Departments,” June 11, 2004, as amended

DoD Instruction 5400.11, “DoD Privacy and Civil Liberties Programs,” January 29, 2019

Section 533 of Public Law 112-239, the “National Defense Authorization Act for Fiscal Year

2013,” December 18, 2012, as amended

United States Code, Title 10

United States Code, Title 42

United States Constitution