COMDTINST 1740.7A
OCT. 21, 1997
e.
Policy concerning military and civilian security clearances: Military and civilian personnel
who are required to possess a security clearance in the performance of their duties are
required to follow criteria outlined in COMDTINST M5520.12, Coast Guard Personnel
Security Program. Contact and use of the EAP in and of itself does not require disclosure.
However, should a member receive mental health counseling as identified in references (a)
and (b) from an EAP referral source or any other counseling source, the member must
report such treatment in accordance with current directives. Assessment, short-term
problem solving, and referral information is not considered counseling for the purposes of
completing reference (b).
8.
EXAMPLES. The following examples are provided to assist beneficiaries with a better
understanding of the aforementioned legal requirements and policies:
a.
During a divorce proceeding in a state court, a judge could issue an order to require that
relevant EAP information regarding an employee's financial status be turned over to the
court for consideration in the divorce proceeding. However, before the information would
be turned over to the court, it would be referred to appropriate agency counsel for a
determination as to validity and guidance as to how to respond.
b.
An employee reveals marital infidelity during counseling under the EAP. When the spouse
calls the EAP contractor seeking confirmation of the infidelity, the spouse will be denied
such information.
c.
A military member with a cocaine abuse problem who is counseled by the EAP can be
court-martialed for drug use only if the government has other independent evidence of the
drug use. However, if the accused chooses to use EAP records or information in his/her
defense, then the government may use the records in its case. Also, if the military member
testifies under oath or otherwise presents a defense, and EAP records or information are
within the possession of the prosecution which show that the member is lying or that the
defense has presented evidence which is contradictory to EAP records or information, the
prosecutor may then present the EAP records to the court.
d.
An employee reveals feelings of stress and job inadequacy during counseling. The
supervisor will be denied access to the information.
e.
During an interview with an EAP counselor, an employee states that he intended to batter
his spouse and then kill himself. The EAP counselor must disclose this information to
appropriate authorities.
G.G. PICHE
Director of Personnel Management
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