CONVENIENCE OF THE GOVERNMENT

The Chief of Naval Personnel may authorize or direct the separation of enlisted or inducted members before their expiration of enlistment. A member cannot request separation for reasons pertaining to involuntary discharge or separation. You may not effect a separation of a member for convenience of the government until all outstanding disciplinary actions involving the member are resolved. Characterization of service will be honorable, general, or ELS.

COs with special court-martial convening authority (SPCM CA) have the authority to effect the separation of members provided the member has received counseling (when required), all disciplinary action has been completed (if applicable), and the member does not object to the separation. If the member objects, send the case to the Chief of Naval Personnel (PERS-281) for final determination.

There are several subcategories of the convenience of the government basis for discharge. We will discuss each one individually.

Dependency or Hardship

Upon request of a member separation may be directed when genuine undue hardship exists. Since some Navy personnel and their families encounter hardships while serving on active duty, they may request separation from the naval service from the SPCM CA. The member's request must show that:

l a severe hardship exists, not normally encountered and resolved by other members of the naval service.

l the hardship affects the member's immediate family.

l the hardship is not of a temporary nature and cannot be resolved within the near future.

l the member and his or her family have made every reasonable effort to alleviate the hardship.

l the hardship has occurred or has been severely aggravated since entry into the service.

l there are no other family members or relatives nearby who are capable of providing the necessary assistance.

Except under extraordinary circumstances separation for hardship will not be authorized solely for financial or business problems, indebtedness, personal convenience, member's physical or mental health, moral support to a family member whose life expectancy is estimated at less then 6 months, custody battles, or divorce proceedings.

You must inform enlisted personnel who desire to request separation for hardship reasons of the proper procedures to follow. You should clearly explain to each applicant that his or her request will be submitted via official channels, that submission is no assurance that the discharge will be authorized, and that the decision is within the sole discretion of the SPCM CA. You should also explain to the member that once a request is approved by the SPCM CA it is irrevocable except in the most unusual circumstances.

The request for hardship discharge format and a list of required enclosures can be found in the MILPERSMAN.

The SPCM CA sends all approved or disapproved hardship requests to the Chief of Naval Personnel (PERS-40HH) for review and record purposes.

The characterization of service will be honorable, general, or ELS.

For additional guidance on separation processing by reason of convenience of the government due to hardship, refer to the MILPERSMAN.

Pregnancy or Childbirth

This type of separation is voluntary. A written request by the female service member initiates the process. The request may be denied if the member is serving in a critical rate, has received special compensation during the current enlistment, has not completed obligated service incurred, or has executed orders in a known pregnancy status.

Officers exercising SPCM CA are authorized to separate members requesting separation under this article. COs or officers in charge (OICs) with SPCM CA send the request to the Chief of Naval Personnel (PERS-282) for final action when the member has not completed obligated service incurred for fully or partially funded education or has not completed obligated service incurred for enlisted education and training. Characterization of service will be honorable, general, or ELS.

For additional guidance on separation processing by reason of convenience of the government due to pregnancy or childbirth, refer to the MILPERSMAN.

Parenthood

This category is for separation of a member who is unable to perform duties assigned, is repetitively absent, or is unavailable for worldwide assignment or deployment due to parenthood.

The Chief of Naval Personnel or officer exercising SPCM CA may direct separation. The Chief of Naval Personnel (PERS-282) may direct separation when the member objects to the discharge and final resolution rests with him or her. Commands may not initiate separation processing until the member has been counseled formally about his or her deficiencies and has been afforded an opportunity to overcome the deficiencies. Use the notification procedure for processing. The characterization of service will be honorable, general, or ELS.

For additional guidance on separation processing by reason of convenience of the government due to parenthood, refer to the MILPERSMAN.

Further Education

This category allows for separation of a member to attend college, vocational school, or technical school. The requested separation must be within 3 months of the member's expiration of active obligated service (EAOS). The Deputy Chief of Naval Personnel is the approving authority for this early release program. COs are not delegated authority to separate members under this program.

All personnel desiring early release under this program should send their requests to the Deputy Chief of Naval Personnel via the Chief of Naval Personnel (PERS-282), their CO, and the area type commander.

For additional guidance on separation processing by reason of convenience of the government due to furthering of education, refer to the MILPERSMAN.

Conscientious Objectors

Conscientious objectors are persons who, by reason of religious training and belief, have a firm, fixed, and sincere objection against participating in war in any form or the bearing of arms.

NO vested right exists for any member to be discharged from the Regular Navy at his or her own request before his or her EAOS even for conscientious objection. The Chief of Naval Personnel must approve a member's administrative discharge before completion of his or her service obligation. If separation is deemed

warranted, the type of discharge is determined by the member's service record and the provisions of DOD Directive 1332.14.

When processing a member's application for separation by reasons of concientious objection, refer to the MILPERSMAN for procedures and guidelines.

Designation as a Surviving Son and/or Daughter

Enlisted members who become surviving sons or daughters as defined in the MILPERSMAN may apply and promptly be discharged.

Any request for discharge under this article will be submitted in writing only by the member and may be approved by the Chief of Naval Personnel (PERS-282) or by the CO or OIC having SPCM CA. Characterization of service will be honorable, general, or ELS.

For additional guidance on separation processing by reason of convenience of the government due to surviving son or daughter status, refer to the MILPERSMAN.

Other Designated Physical or Mental Conditions

This category provides for the separation of members on the basis of designated physical or mental conditions considered inherent or developmental defects that do not constitute a physical disability. Such conditions are those considered to interfere with a member's performance of duty or pose a threat to his or her safety or well-being.

These conditions include but are not limited to the following: . Motion/air sickness-must be verified by an otolaryngologist (ENT) doctor. ^{No counseling is} required before initiation of separation processing.

. Enuresis (bed-wetting)-must be medically confirmed by a urologist. No counseling is required before initiation of separation processing.

. Somnambulism (sleepwalking)-must be medically confirmed. A sworn statement from the military member must be included documenting at least one sleepwalking episode. The episode must be witnessed by at least two military members. No counseling is required before initiation of separation processing.

l Allergies-must be medically confirmed by an allergy or internal medicine evaluation. No counseling is required before initiation of separation processing.

. Excessive height-must be medically confirmed by an orthopedic consultation. No counseling is required before initiation of separation processing.

Personality Disorders

Separation may be directed by the Chief of Naval Personnel (PERS-282) or an officer with SPCM CA when a member has been diagnosed with a personality disorder and that such condition will interfere with the member's performance of duty or pose a threat to his or her safety or well-being.

The member's CO is the initial authority responsible for determining if and when a member will be processed. Members may be separated under this article provided that: l medical diagnosis is made by a competent military medical authority that concludes that the disorder is of such severity that it renders the member incapable of serving adequately.

. there is documented evidence that the diagnosis of personality disorder interferes with the member's performance of duty.

l documented interference must be a part of the CO's endorsement, as mere presence of a personality disorder is not a bar to naval service.

l counseling has been initiated whereby the member has been advised of his or her deficiencies and has been afforded the opportunity to overcome those deficiencies (page 13 entry required except in those instances where it has been determined by medical authority that the member is self-destructive or a continuing danger to themselves or others).

Start processing by use of the notification procedure. You will send any discharge requests that require approval from the Chief of Naval Personnel (PERS-282) to him or her for final determination. Make sure cases approved by an SPCM CA are sent to PERS-282 with the required documentation.

Message requests for a personality disorder separation should be reserved for unusual circumstances. If the necessity arises to submit a message, the complete psychiatric evaluation must be quoted verbatim.

For additional guidance on separation processing by reason of convenience of the government due to personality disorder, refer to the MILPERSMAN.

Aliens

A member who is neither a natural born nor a naturalized citizen of the United States is an alien. A member may be separated upon his or her request with the approval of the Chief of Naval Personnel (PERS-282) on the basis of being an alien who no longer wishes to serve. You need to inform an alien seeking this type of discharge that discharge from the service under this article will be a permanent bar to becoming a U.S. citizen. Characterization of service will be honorable, general, or ELS.

For additional guidance on separation processing by reason of convenience of the government due to status as an alien, refer to the MILPERSMAN.