WEIGHT CONTROL FAILURE

This category allows separation of a member, on active duty, by reason of weight control when a member fails to achieve prescribed physical readiness standards as outlined in OPNAVINST 6110. 1.

COs with SPCM CA have the authority to effect the separation provided the member has been counseled, all disciplinary action is complete, and the member does not object to the separation. If the member objects, send the case to the Chief of Naval Personnel (PERS-282) for final determination.

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 weight control failure, refer to the MILPERSMAN.

PHYSICAL DISABILITY

This category provides for separation of a member on active duty, or active duty for training in excess of 30 days, by reason of physical disability upon determination that he or she is physically unfit to perform the duties of his or her rate.

A medical board must determine that a member is unable to perform the duties of his or her rate in such a manner as to reasonably fulfill the purpose of his or her employment on active duty.

The Chief of Naval Personnel (PERS-913) authorizes the separations for inactive duty members and members on active duty who are separated locally by their COs.

Characterization of service will be honorable, general, or ELS. A member may be separated for disability according to the Disability Evaluation Manual, SECNAVINST 1850.4C.

For additional guidance on separation processing by reason of physical disability for active and inactive duty members, refer to the MILPERSMAN.

DEFECTIVE ENLISTMENTS AND INDUCTIONS - ERRONEOUS ENLISTMENT

This category allows separation of a member on the basis of erroneous enlistment, reenlistment, induction, or extension of enlistment when: l the enlistment would not have occurred if the relevant facts had been known by the Navy or had appropriate directives been followed;

l the enlistment was not the result of fraudulent conduct on the part of the member; and

. the defect is unchanged in any material respect.

A member may also be separated under this category on the basis of not meeting physical standards for enlistment.

If after discovering that a member's enlistment may be erroneous, and the CO with SPCM CA recommends that the member be retained, initiation of separation processing is not required when the defect is no longer present or the defect, other than a medical condition, may be waived, and a waiver is obtained from the Chief of Naval Personnel.

Characterization of service will be honorable unless ELS is appropriate. Use the notification procedure. SPCM CAs have the authority to effect the separation if the member does not object to the separation. If the member objects, send the entire case to the Chief of Naval Personnel (PERS-281/282) for final determination. Send all completed cases by letter of transmittal to the Chief of Naval Personnel (PERS-282/283) for review and final determination.

For additional guidance on separation processing by reason of defective enlistments and inductions due to erroneous enlistment, refer to the MILPERSMAN.

DEFECTIVE ENLISTMENT AND INDUCTIONS - DEFECTIVE ENLISTMENT

This category permits separation of a member by reason of defective enlistment and induction on the basis of defective enlistment. A defective enlistment exists when:

the member reasonably relied upon a material misrepresentation by recruiting personnel and was induced to enlist by a commitment for which the member was not qualified;

. the member received a written enlistment commitment from recruiting personnel for which the member was qualified that cannot be fulfilled by the naval service; or l the enlistment was involuntary; for example, one that is induced by fraud or duress or undue influence and not the product of a free and unconstrained choice.

Characterization of service will be honorable unless ELS is appropriate. COs of recruit training commands are authorized to discharge members under their command under this article. For members not assigned to recruit training commands, the Chief of Naval Personnel is the separation authority.

For additional guidance on separation processing by reason of defective enlistment, refer to the MILPERSMAN.

DEFECTIVE ENLISTMENT AND INDUCTION - MINORITY

This category is for discharge of a member for a defective enlistment and induction on the basis of minority.

A member under age 18 is a minor. The minimum age for enlistment is 17. Written consent of a custodial parent or legal guardian must be obtained before enlistment of a minor.

The type of uncharacterized separation given is governed by the member's age when separation processing is commenced or completed. A member who is a minor under the age of 17 is discharged with an order of release from the custody and control of the Navy. If the minor who enlisted without proper consent has attained his or her 17th birthday, discharge is authorized or directed upon satisfactory evidence of true age. An application for discharge must have been submitted by a custodial parent or legal guardian and received by the Navy within 90 days of enlistment to effect the discharge of a member 17 years old.

If the member has attained the age of 18, separation is not warranted under this category. The member has effected a constructive enlistment.

Characterization of service will be (1) under age 17, order of release or (2) over age 17, ELS. Use the notification procedure. A commander of a naval training center, authorized to convene SPCMs, is authorized to act as a separation authority for those members under his or her command. For those members not assigned to a naval training center, the Chief of Naval Personnel (PERS-282) is the separation authority. Send completed cases to the Chief of Naval Personnel.

For additional guidance on separation processing by reason of defective enlistment due to minority, refer to the MILPERSMAN.

DEFECTIVE ENLISTMENTS AND INDUCTIONS - FRAUDULENT ENTRY INTO NAVAL SERVICE

This category provides for separation of members on the basis of procurement of a fraudulent enlistment, induction, or period of service through any knowingly false representation or deliberate concealment about any of the qualifications or disqualifications of military service.

Characterization of service will be honorable, general or ELS. If the fraud involves concealment of a prior separation for any characterization other than honorable, or the concealed offense would warrant consideration for a discharge under OTH conditions, process the member for a discharge under OTH conditions.

Use either the notification or administrative board procedure depending on the type of discharge sought. COs with SPCM CA are delegated to separate members with honorable, general, or ELS provided the member does not object. In cases where the member objects the Chief of Naval Personnel (PERS-83) is the separation authority. Send the processed case to the Chief of Naval ^{Personnel (PERS-83).} Message submission is authorized.

For additional guidance on separation processing by reason of fraudulent enlistment, refer to the MILPERSMAN.

ENTRY LEVEL PERFORMANCE AND CONDUCT

Separate a member for entry level performance or conduct for the following reasons:

. It is determined that the member is unqualified for further military service by reason of unsatisfactory performance or conduct, as evidenced by incapability, lack of reasonable effort, failure to adapt to the naval environment, or minor disciplinary infractions.

. A member with broken service fails to satisfactorily complete indoctrination training.

Nothing in this article prevents separation of a member in an entry level status under another basis for separation. Do not initiate separation processing until the member has been counseled about the deficiencies and has been afforded an opportunity to overcome those deficiencies. Use the notification procedure with the following modification in the member's statement of awareness. "I understand that I am being considered for an administrative discharge by reason of entry level performance and conduct. I have been advised that if the proposed separation is approved it will result in my separation with an uncharacterized discharge identified as entry level separation. "

COs with SPCM CA have the authority to effect the separation provided the member has received counseling, all disciplinary action is complete, and the member does not object. Use the notification procedure. Send the processed case by letter of transmittal to the Chief of Naval Personnel (PERS-83). In those cases where the member objects or the CO does not have the authority to process, send the case to the Chief of Naval Personnel by either letter of transmittal or message. Characterization of service will be ELS.

For additional guidance on separation processing by reason of entry level performance and conduct, refer to MILPERSMAN.