DEPARTMENT THE NAVY

HEADQUARTERS, UNITED STATES MARINE CORPS3280 RUSSELL ROAD

QUANTICO , VIRGINIA 22134-5103

IN REPLY

1020

MRA

JUN

From:

To :Deputy Commandant for Manpower and ReserveAffairsFirst Lieutenant Sukhbir Toor USMC

REQUEST FOR WEAR OF RELIGIOUS APPAREL AND EXCEPTION TO GROOMING

REGULATIONS BASED ON RELIGIOUS BELIEFS

Ref : (a ) MCO 1020.34 H

(b ) DOD Instruction 1300.17

( c ) SECNAVINST 1730.8B CH 1( d ) 10 774

(e ) 42 U.S.C. 2000bb et seq . , Religious Freedom

Restoration Act of 1993 (RFRA )

( f ) NAVMC 3500.7C Artillery Training and Readiness Manual

( g ) Your letter of 1 Mar 21

I have carefully considered references (a ) through g ) and other

materials in conjunction with your request to maintain unshorn hair,

including facial hair, and to wear an unconcealed turban to cover your

head while in uniform. This is the first recorded request from a

Marine Corps officer for an accommodation regarding a turban .

Accordingly, this is a case of first impression for the Marine Corps .

In making this decision I weighed the full range of facts and

circumstances of your request as presented in reference (g ) , the

endorsements from your chain of command and the local chaplain, the

recommendations of the Religious Accommodation Review Board, the

nature and requirements of your position as an artillery officer in

the Fleet Marine Force, and the requirements of references (a through

( f ) , previous accommodation requests, the objectives of Marine

training, and certain collateral materials relevant to this request

e.g. , safety studies. I also consulted with legal counsel In

accordance with references (a ) through (c ) , I am designated as theapproval authority for requests for religious accommodation. Your

request is conditionally approved, as described below.

2 . Your request for an accommodation must be weighed against theMarine Corps ' compelling interests in mission accomplishment :

a . The Marine Corps has a compelling interest in accomplishing its

mission, including military readiness, unit cohesion, good order anddiscipline, and health and safety, as recognized in reference ( b )section 3.2.

b Unit cohesion and good order and discipline are foundational tomission accomplishment by Fleet Marine Force units .

c . While the Marine Corps has an obligation to support yourability to practice and observe the tenets of your faith, it mayse restrictions in support of compelling government interests ifthose restrictions are the least restrictive means of protecting thoseinterests . The circumstances presented by your request go to the

Subj : REQUEST FOR WEAR OF RELIGIOUS APPAREL AND EXCEPTION TO GROOMINGREGULATIONS BASED ON RELIGIOUS

heart of the Marine mission you are deployed in a Fleet unit thatfaces the possibility of protecting the interests of the United Statesin the full range of conflict at any time . Such units must maintainthe highest level of readiness . Similarly , Marines in such units mustmaintain the highest level of commitment to each other to makeexecution of the most difficult missions possible . The discipline ofuniformity helps to engender that commitment by reminding all Marinesin the unit that they are a part of a team, and that the Corps valuesthe team more than the individual . The uniform is a manifestation ofthe ideals you learned in basic training , where your instructors brokedown elements of your individuality so that you would be ready to bereformed as a member of a team . As an officer , the level ofcommitment required is even higher ; more than any other Marines ,officers must embody the ethos of the Corps . Uniformity is more thanthe mere outward expression of unity with the team ; it is a tool thatconstantly reminds each Marine of the team to which they are committedand a signal to other Marines of depth of that commitment . Theuniform itself is, in a real sense , the fabric of our unity - especiallyin forward deployed areas where Marine's commitment may betested .

d . Additionally , in ceremonial units, the need for uniformity isstrong Marines, while performing ceremonial duties, must be mindfulthat they represent the entirety of the Corps to the general publicand to each specific audience for whom ceremonies are performed. Thisis an important representational role, one that inspires others tojoin the Corps and that communicates to national leaders and othersthe Corps is achieving its goal of creating a cohesive group ofwarriors capable of defending the nation's interests .

e The Corps cannot experiment with the components of missionaccomplishment in forward units without assuming the risk of missionfailure. The real world consequences of the failure of a forwarddeployed Marine unit, such as the one you lead, could jeopardize thelives of Marines and those relying on them to complete their mission.Failure on the battlefield is not an acceptable risk. The UnitedStates relies on the Marine Corps to be most ready when the nation isleast ready We who are Marines must be prepared to face the nation'senemies and assume all the risks that entails It is the nature ofthe Corps to be forward deployed, ready to respond with little or noadvance notice. In order to maintain the highest levels ofeffectiveness, we have evolved a regimen of maintaining our readiness,one that includes decades of experience preparing Marines. Thatregimen imposes a high order of discipline, and incorporatesuniformity as a foundational tool. These components of our regimendirectly support mission accomplishment.

3 After evaluating your request and the considerations noted above,your request to maintain unshorn hair , including facial hair , and towear an unconcealed turban to cover your head while in uniform isapproved, subject to the limitations described below .

a . While assigned to lead an artillery unit or fire support teamyou may not wear a turban . However , in any posting that places youfurther from the possibility of battle , such as regimental or division

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Subj REQUEST FOR WEAR OF RELIGIOUS APPAREL AND EXCEPTION TO GROOMINGREGULATIONS BASED ON RELIGIOUS BELIEFS

staff billet while in garrison and not forward deployed you arehereby authorized to wear the turban. This restriction shall remainin effect while you are forward deployed as described above. It willalso apply when you serve in ceremonial roles, where the uniformconveys a public- facing message.

b . The turban must be worn in a neat and conservative manner asdetermined by your battery/ company or battalion commander. The turbanmust be unadorned, except that use of the MARPAT pattern, or otherconservative color, is acceptable when worn with the MARPAT uniform.c You may maintainunshorn hair, on the condition that your hairmaynot fall over your ears, eyebrows, or touch the collar while inuniform Your unshorn hair must be maintainedin a neat andconservativemanner and not interferewith the performance of yourmilitaryduties Unshorn hair must be styled in a manner to conformclosely to your head and covered by a either a turban or patka. The

circumstancespermitting the turban are described in paragraph 3.aabove When circumstancesrequire the wearing of a helmet, the bulkof your hair must be positionedto ensure proper fit of the helmet. Toensure this is accomplishedwell in advance of need, the manner inwhich you intend to wear your hair while wearing a helmet willbeinspectedby your battalioncommander within 30 days of receivingthisresponse.

d . When you have returned from a deployment and no longer serve ina billet subject to deployment on short notice, you may allow yourbeard to grow. It will be maintained at all times in a neat andconservative manner , as determined by your battery / company orbattalion commander .

4 . Your request appears to seek an accommodation that would permityou to wear a turban at all times except when a helmet is required.However , your request also indicates that you would wear a patka whileengaged in physical training. It appears from your submission that apatka is an alternative to a turban Wearing a patka will make itpossible for you to wear a Marine cover when required, vice a turban .Accordingly, when uniform requirements include a cover, (except ahelmet, which is addressed above) , you must wear a patka so that yourhair may be arranged under your cover in a neat and conservativemanner

5 . Under references (b ) through in the event of exigentcircumstances and in furtherance of a compelling governmental interestdue to operational necessity , when time is of the essence and no lessrestrictive means of religious accommodation are availablesubsequent commanders at the battalion level may temporarily modify orsuspend this accommodation .

6 . Upon receipt of permanent change of station ( PCS) permanentchange of assignment ( PCA) orders, you will inform the commandidentifiedon the or PCA orders of this approval. You do not haveto submit a new request for accommodation, however you are advisedthat due to mission requirements at the new assignment, this approvalmay be considered for modification, suspension, or recession. If the

3

Suby REQUEST FOR WEAR OF RELIGIOUS APPAREL AND EXCEPTION TO GROOMINGREGULATIONS BASED ON RELIGIOUS BELIEFS

commander at the new assignment requests I review and/ or rescind thisapproval, you will be given opportunity to provide comment beforemake a decision.

7 . A copy of this letter will be placed into your Official MilitaryPersonnel file (OMPF

8 . You have right to appeal the conditions placed on thisaccommodation to the Commandant of the Marine Corps . Should youdecide to appeal this decision , your appeal should be in naval letterformat from you addressed to the Commandant of the Marine Corps .Forward your appeal via your chain of command to the point of contactbelow, for delivery to the Commandant . Your appeal should besubmitted to your chain of command within 5 days .9 . Point of contact

.

DAVID A.

Copy to:CG, I Marine Expeditionary ForceCG, Marine Division

Marine RegimentBattalion, 7TH MarinesOMPF