DEPARTMENT OF THE NAVY

OFFICE OF THE SECRETARY

1000 NAVY PENTAGON

WASHINGTON DC 20350·1000

 SECNAVINST 1730.11

ASN (M&RA)

31 Oct 2022

SECNAV INSTRUCTION 1730.11

From: Secretary of the Navy

Subj: CONFIDENTIAL COMMUNICATIONS TO CHAPLAINS

Encl: (1) References

 (2) Authorization for Disclosure of Confidential 

 Communication

 (3) Warning Advisement About Statements Made During a

 Chaplain Interview Concerning a Request for Waiver of

 Policy to Accommodate a Religious Practice

 (4) Warning Advisement About Statements Made During a

 Conscientious Objector Evaluation

 (5) Responsibilities

1. Purpose. This instruction provides comprehensive Department 

of the Navy (DON) policy on the protection of privileged and 

confidential information communicated to Navy Chaplains in 

accordance with references (a) through (j).

2. Cancellation. SECNAVINST 1730.9A.

3. Applicability. This instruction applies to the Office of 

the Secretary of the Navy; the Chief of Naval Operations (CNO); 

the Commandant of the Marine Corps (CMC); the Commandant of the 

United States Coast Guard (COMDT COGARD), when the U.S. Coast 

Guard operates as a Service in the Navy under reference (a); all 

U.S. Navy and U.S. Marine Corps installations, commands, 

activities, and field offices; and all organizational entities 

within the DON. The protection afforded by this instruction 

applies to all personnel authorized to receive services, as 

described in reference (b), from Navy Chaplains wherever they 

may receive them. 

4. Policy. Chaplains, Religious Program Specialists (RP), 

Chaplain Assistants (CA), and contracted clergy will protect 

confidential communications as part of their professional duties 

as outlined in references (b) through (d) and in accordance with 

this instruction. References used to execute this policy are 

listed in enclosure (1). Commanders will support chaplains,
 SECNAVINST 1730.11

31 Oct 2022

2

RPs, CAs, and contracted clergy in protecting confidential 

communications. 

5. Confidential communication. A confidential communication is 

any communication made to a chaplain or contracted clergy if the 

communication is made as a formal act of religion or a matter of 

conscience. A communication is also “confidential” if made to a 

chaplain in the chaplain’s official capacity as a spiritual 

advisor. RPs and CAs may become aware of confidential 

communications in the course of their support duties.

 a. Chaplains, RPs, and CAs will not disclose a confidential 

communication revealed in the course of their duties without the 

informed consent of the person who made the communication. This 

consent must be freely given and not compelled and must be 

specific regarding the information to be disclosed. Chaplains

will not obtain a blanket release at the initiation of the 

communication. Whenever possible, this consent should be in 

writing using enclosure (2) or given verbally in front of a 

witness. A release from a confidential communication is 

inapplicable to cases where a chaplain is bound by the 

requirements of sacramental confession, equivalent Religious 

Organization requirement, or personal conviction. All direct 

communication to chaplains is presumed to be confidential unless 

excluded by other parts of this instruction.

 b. The following communications are exempt from the 

prohibition on disclosure and do not require a counselee’s 

consent: 

 (1) RPs and CAs are supervised by a chaplain. Only

communication made to an RP or a CA in order to obtain services 

from a chaplain or contracted clergy shall be considered 

confidential; however, any disclosure of the confidential 

communication by an RP or a CA to a chaplain or contracted 

clergy is deemed reasonably necessary in furtherance of their 

duties outlined in reference (b).

 (2) A chaplain may consult with other chaplains when the 

identity of the counselee is not revealed. 

 c. Communications made to a chaplain while a chaplain is 

conducting an administrative process are not confidential. 

Waivers of policy to accommodate religious practice interviews 
SECNAVINST 1730.11

 31 Oct 2022

3

will be conducted in accordance with references (e) and (j); the 

Service Member will be notified that the communications are not 

confidential using enclosure (3). Conscientious objection 

interviews will be conducted in accordance with references (f)

and (g) and Service Members will be notified that the 

communications are not confidential using enclosure (4).

 d. If a chaplain refers an individual for services outside 

the Chaplain Corps, the chaplain will inform the individual that 

the protections of confidential communication described in this 

instruction may not apply to communications with that agency. 

When acting as a liaison pursuant to reference (c) between the 

individual and an outside agency, the chaplain will instruct the 

individual to seek information from the outside agency as to 

their confidentiality standards.

 e. Personnel who are supervised by a chaplain should not 

direct their own confidential communications to that chaplain. 

At the outset of the supervisory relationship, the supervisory 

chaplain will inform those personnel under his or her 

supervision of this limitation. Chaplains, RPs, and CAs who 

require pastoral counseling, which may include confidential 

communications, should do so with a chaplain outside of their 

supervisory chain of command. 

6. Privileged communication. In accordance with reference (d), 

a person has a privilege to refuse to disclose and to prevent 

others from disclosing a confidential communication made to a

chaplain, contracted clergy, RP, or CA as described in paragraph 

5, if the communication is made either as a formal act of 

religion or as a matter of conscience. 

 a. Privileged and confidential communications 

distinguished. A privileged communication is not admissible in 

a court or legal proceeding, while a confidential communication 

is more broadly protected both in and out of the legal context. 

 b. Who may claim the privilege. The privilege may be 

claimed by the person who made the confidential communication to 

the chaplain, RP, or CA, or by the person’s guardian, 

conservator, or personal representative if the person is 

deceased or incapacitated. The chaplain, RP, or CA who received 

the confidential communication may also claim the privilege on 

behalf of the person who made the communication. 
SECNAVINST 1730.11

 31 Oct 2022

4

 c. Claim of privilege in a court-martial proceeding. 

Generally, neither commanders nor courts-martial may require a 

chaplain or individual to disclose a confidential communication 

when a privilege exists. However, if a military judge or other 

presiding official in a court-martial proceeding decides that 

neither confidentiality nor privilege exists, then a chaplain, 

RP, or CA may have a legal obligation to testify. Chaplains are 

strongly encouraged to seek legal counsel, counsel from chaplain 

supervisors, and counsel from Religious Endorsing Agent in all 

situations where the existence of privilege may be questioned, 

to include the effect of state law on confidentiality. 

7. Honoring Communications. The confidentiality requirements 

described in this instruction provide assurance to authorized 

users their private communications with a chaplain, RP, or CA 

will be honored as private. The decision whether to waive 

confidentiality rests with the person who made the communication 

and is not within the discretion of a chaplain, RP, or CA.

8. Files containing confidential information. Chaplains may 

keep notes on confidential communications to assist them in 

providing pastoral care and counseling in accordance with 

references (h) and (i). RPs and CAs will not keep notes on any 

confidential communications. 

 a. Chaplain notes will be marked as Confidential or

Privileged Communication and distinguished in the chaplain’s 

personal files from professional information and sensitive 

information. Protected information will be properly secured and 

safeguarded from inadvertent disclosure. When confidential 

information is stored in digital form, the chaplain must take 

steps to ensure the confidentiality or privilege cannot be 

breached. 

 b. Confidential communications, professional 

communications, and sensitive information files are the 

confidential work product of individual chaplains. Chaplains 

must safeguard any such records and ensure their destruction 

through a secure means when no longer needed. When current or 

former counselees are referenced in consultation, supervision, 

or education, their identities must be thoroughly protected.
SECNAVINST 1730.11

 31 Oct 2022

5

 c. Chaplains, RPs, and CAs entering data in reports and 

analytics tools will exercise caution so as not to inadvertently 

breach confidentiality through the accumulation of identifying 

data and will withhold information when necessary to protect 

confidentiality.

 d. In the event a serving Chaplain Corps member dies, the 

chaplain’s commanding officer will appoint a chaplain to review 

the deceased’s files and destroy confidential or privileged

communications. The chaplain conducting the review and the 

destruction of such files will maintain the confidentiality and 

privilege held by the deceased chaplain. 

9. Responsibilities. See enclosure (5).

10. Action. Actions inconsistent with this instruction may 

result in administrative and disciplinary action. 

11. Records Management

 a. Records created as a result of this instruction, 

regardless of format or media, must be maintained and 

dispositioned according to the records disposition schedules 

found on the Directives and Records Management Division (DRMD) 

portal page: 

https://portal.secnav.navy.mil/orgs/DUSNM/DONAA/DRM/SitePages/Ho

me.aspx.

 b. For questions concerning the management of records

related to this instruction or the records disposition

schedules, please contact your local Records Manager or the DRMD

program office.

 

 ERIK K. RAVEN

Under Secretary of the Navy

Distribution: 

Electronic only, via Department of the Navy Issuances website: 

https://www.secnav.navy.mil/doni/default.aspx
SECNAVINST 1730.11

 31 Oct 2022

Enclosure (1)

REFERENCES

(a) 14 U.S.C. §3

(b) SECNAVINST 1730.7E

(c) SECNAVINST 1730.10A

(d) Manual for Courts-Martial 2019 ed., Military Rules of 

 Evidence 503

(e) BUPERSINST 1730.11A

(f) MILPERSMAN 1900-020

(g) MCO 1306.16F

(h) Privacy Act Systems of Records Notice NM01730-1

(i) 5 U.S.C. §552a

(j) MCO 1730.9
 SECNAVINST 1730.11

31 Oct 2022

Enclosure (2)

AUTHORIZATION FOR DISCLOSURE OF CONFIDENTIAL COMMUNICATION

_______________

 (Date)

I,________________________________________________, authorize

 (Name of counselee(s))

_______________________________________________ to disclose to 

(Name of chaplain or civilian worship provider)

____________________________________________________________ 

(Name of person, organization, or command to which disclosure is

to be made)

the following information: 

________________________________________________________________

________________________________________________________________

________________________________________________________________

(Nature and amount of information to be disclosed, as limited as 

possible)

The purpose of the disclosure in this consent is to:

________________________________________________________________

________________________________________________________________

________________________________________________________________

(Purpose of disclosure, as specific as possible)

I understand that pursuant to SECNAVINST 1730.11 confidential 

communication is any communication made to a chaplain or 

civilian worship provider if the communication is made as a 

formal act of religion or a matter of conscience; chaplains and 

civilian worship providers are obligated to protect confidential 

communications as part of their professional duties; chaplains 

and civilian worship providers will not disclose a confidential 

communication revealed in the course of their duties without the 

informed consent of the person who made the communication; and 
SECNAVINST 1730.11

 31 Oct 2022

2 Enclosure (2)

when possible this form will be used to authorize disclosure 

unless otherwise authorized by SECNAVINST 1730.11. I further 

understand the decision whether to waive confidentiality rests 

with myself and is not within the discretion of the chaplain or 

civilian worship provider.

I authorize the above disclosure freely and understand I may 

revoke this consent at anytime.

__________________________ ___________________________

Signature of Counselee(s) Signature of Chaplain/ 

 Civilian Worship Provider

----------------------------------------------------------------

I hereby revoke this consent. 

_______________

(Date) 

__________________________ __________________________

Signature of Counselee(s) Signature of Chaplain/ 

 Civilian Worship Provider
SECNAVINST 1730.11

 31 Oct 2022

Enclosure (3)

WARNING ADVISEMENT ABOUT STATEMENTS MADE DURING A CHAPLAIN

INTERVIEW CONCERNING A REQUEST FOR WAIVER OF POLICY TO 

ACCOMMODATE A RELIGIOUS PRACTICE

I, ___________________________________________________, have 

been advised that, in accordance with SECNAVINST 1730.11, 

BUPERSINST 1730.11A, and MCO 1730.9, statements made during the 

course of this interview are not confidential and may be 

disclosed by Chaplain ________________________________ to 

further my request for a waiver of policy to accommodate a 

religious practice.

___________ __________________

Date Counselee

___________ __________________

Date Chaplain
SECNAVINST 1730.11

 31 Oct 2022

Enclosure (4)

WARNING ADVISEMENT ABOUT STATEMENTS MADE DURING A CONSCIENTIOUS 

OBJECTION EVALUATION

I, ___________________________________________________, have 

been advised that, in accordance with MILPERSMAN 1900-020 and/or 

MCO 1306.16F, statements made during the course of my 

conscientious objection evaluation are not confidential and may 

be disclosed by Chaplain ________________________________ to 

further my conscientious objection request.

__________ __________________

Date Counselee

__________ __________________

Date Chaplain
SECNAVINST 1730.11

 31 Oct 2022

Enclosure (5)

RESPONSIBILITIES

1. The CNO, CMC, and the COMDT COGARD. The CNO, CMC, and the 

COMDT COGARD, when the Coast Guard is operating as a Service in 

the Navy in accordance with reference (a), will implement the 

policies in this instruction. 

2. The Chief of Chaplains/Director of Religious Ministry. The 

Chief of Chaplains/Director of Religious Ministry will ensure 

that training on the policies in this instruction occurs at 

entry-level schools for chaplains and RPs and periodically 

thereafter. Such training will enable chaplains and RPs to 

explain confidentiality and privilege to those they serve and 

train personnel under their supervision on the requirements of 

this instruction. 

3. Commanders, Commanding Officers, and Officers in Charge. 

Commanders, commanding officers, and officers in charge must 

enable and promote the confidential relationship between 

authorized personnel and Navy chaplains. A chaplain, RP, or CA 

shall not be penalized for acting within the parameters of this 

instruction and in accordance with other applicable laws. 

4. Chaplains, RPs, and CAs. The chaplain shall inform each 

counselee of the nature of confidential protections. Chaplains, 

RPs, and CAs must maintain confidentiality unless released by 

the counselee, in accordance with this instruction. Contract 

clergy are not authorized to advise commanders, and will not 

divulge confidential or privileged communication, unless 

authorized by the counselee.