NAVPERS 15560D MILPERSMAN Section 1910-120 (28 Jul 2008)

SEPARATION BY REASON OF CONVENIENCE OF THE
GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS
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2. Policy

a. Physical or behavioral conditions which impair a member's performance, but do not amount to a physical disability, are covered under this article. They do not amount to a disability, but can affect potential for continued naval service (see above references). Conditions included, but not limited to the list of conditions as outlined in references (a) through (c), which covers:

CONDITIONS

(1) Enuresis (bedwetting).

(2) Sleepwalking and/or Somnambulism.

(3) Dyslexia and other learning disorders.

(4) Attention Deficit Hyperactivity Disorder.

(5) Stammering or Stuttering.

(6) Incapacitating fear of flying confirmed by psychiatric evaluation.

(7) Airsickness, Motion Sickness, and/or Travel Sickness.

(8) Phobic fear of Air, Sea, and Submarine Modes of Transportation.

(9) Uncomplicated Alcoholism or Other Substance Use Disorder.

(10) Mental retardation.

(11) Adjustment Disorders.

(12) Impulse Control Disorders.

(13) Sexual Gender and Identity Disorders paraphilias.

(14) Factitious Disorder.

(15) Obesity.

(16) Over height.

(17) Psuedofolliculitis barbae of the face and/or neck.

(18) Medical Contraindication to the Administration of Required Immunizations.

(19) Significant allergic reaction to stinging insect venom.

(20) Unsanitary habits.

(21) Certain anemias - in the absence of unfitting sequelae - including G6PD deficiency, other inherited Anemia Trait, and Von Willebrands Disease.

(22) Allergy to Uniform Clothing or Wool.

(23) Long Sleeper Syndrome.

(24) Hyperlipidemia.

b. The government or the member can initiate separation request per this article.

(1) Command-initiated request: Per reference (d), involuntary separation processing may not be initiated until the servicemember has been notified formally with NAVPERS 1070/613 (Rev. 7-06), Administrative Remarks concerning performance deficiencies related to the physical/behavioral condition and advised of medical resources (if applicable) that may assist in the member's retention. The CO must provide the member reasonable time to overcome deficiencies (if possible) as reflected in appropriate counseling or personnel records.

(2) Servicemember-initiated request: May request separation based on a medical condition not amounting to disability which member's attending military physician believes exists and obviates the member's potential for continued Naval Service. Member may request separation only after all medical avenues of relief have been exhausted. The medical officer must document why member's condition renders member incapable of completing obligated service (OBLISERV) in an operational capacity. This request is considered a voluntary separation; therefore, there are no separation pay entitlements and Selective Reenlistment Bonus (SRB)/Enlistment Bonus (EB), if applicable, will be recouped.

c. Whether command- or servicemember-initiated, specific documentation is required from the medical officer that condition renders member incapable of completing member's OBLISERV, e.g., forced conversion, reassignment, etc. If the request is forwarded to Navy Personnel Command (NAVPERSCOM) for disposition without the specific documentation mentioned above, the request will be disapproved.
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3. Procedures. Administrative separation (ADSEP) packages must include the following:

a. NAVPERS 1070/613 which specifically addresses performance deficiencies related to physical or behavioral condition and resources available, unless servicemember has requested the separation.

b. Request for separation from servicemember, if initiated by servicemember.

c. Administrative notification per MILPERSMAN 1910-402, if initiated by command.
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e. Medical documentation from a medical officer supporting separation due to the condition, or suitability screening form for operational or overseas assignment, signed by a medical officer.
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4. Characterization of Service. Honorable (HON), unless an Entry Level Separation (ELS) (MILPERSMAN 1910-308) or General (Under Honorable Conditions) (GEN) (MILPERSMAN 1910-304), is warranted. Selected Reserve (SELRES) personnel are not eligible for ELS.
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SAMPLE PACKAGE
ADMINISTRATIVE SEPARATION PER MEMBER'S REQUEST
(Use proper letter format containing the following.)

To view or download the complete regulation, click on the the link to it in the box above these comments.

















































An MHP is a Mental Health Professional.

NAVPERS 15560D MILPERSMAN Section 1910-122 (21 Aug 2009)

SEPARATION BY REASON OF CONVENIENCE OF THE
GOVERNMENT - PERSONALITY DISORDER(S)
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2. Policy

a. Servicemembers returning from deployment in a hostile fire/imminent danger war zone area diagnosed with Post Traumatic Stress Disorder (PTSD) or a Traumatic Brain Injury (TBI) may not be separated based on a personality disorder. Members with PTSD/TBI should be referred to a Physical Evaluation Board (PEB) for possible disability determination.

b. Per references (a) through (d) and MILPERSMAN 1910-120, members may be processed for separation based on a clinical diagnosis of a personality disorder when

(1) the disorder is so severe that the member's ability to function effectively in the Navy environment is significantly impaired, and

(2) the impairment interferes with the member's performance of duty, or poses a threat to the safety or well-being of the member or others, and the member has not responded to leadership and counseling.

c. Separation processing may not be initiated until the member has been counseled formally concerning deficiencies and has been afforded an opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records. For personality disorders, the member will also be counseled that the diagnosis of a personality disorder does not qualify as a disability.

d. Separation on the basis of personality disorder is authorized only if a diagnosis by a psychiatrist or PhD-level psychologist utilizing reference (a), and per procedures established by the Navy, concludes that the disorder is so severe that the member's ability to function effectively in the military environment is significantly impaired. For servicemembers who have served or are currently serving in imminent danger pay areas, a diagnosis of personality disorder as addressed in the previous sentence must be corroborated by a peer or higher-level mental health professional and endorsed by the Surgeon General of the Navy. The diagnosis must address post-traumatic stress disorder (PTSD) or other mental illness co-morbidity. The onset of personality disorder is frequently manifested in the early adult years and may reflect an inability to adapt to the military environment as opposed to an inability to perform the requirements of specific jobs or tasks or both. As such, observed behavior of specific deficiencies should be documented in appropriate counseling or personnel records and include history from sources such as supervisors, peers, and others, as necessary to establish that the behavior is persistent, interferes with assignment to or performance of duty, and has continued after the servicemember was counseled and afforded an opportunity to overcome the deficiencies.

e. Separation for personality disorder is not appropriate nor should it be pursued when separation is warranted on the basis of unsatisfactory performance or misconduct. In such circumstances, the member should not be separated under this paragraph regardless of the existence of a personality disorder. Unless found fit for duty by the disability evaluation system, a separation for personality disorder is not authorized if service-related PTSD is also diagnosed.
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5. MHP Assessment

a. An MHP is a medical officer specializing in psychiatry, or is a clinical psychologist as described in paragraph 2d of this article. The MHP will assess the circumstances surrounding the request for evaluation to ensure the evaluation does not appear to have been used as a reprisal for any type of whistleblowing attempts or actions by the member. The MHP will consider information provided both by the member and the command. Evidence, which indicates the evaluation may be in violation of this article, will be reported by the MHP to member's CO for possible referral to an IG, if applicable.

b. The diagnosis of a personality disorder should be made only when the characteristic features are typical of the person's long-term functioning and are not limited to discrete episodes of illness.

c. The MHP will ensure the member is advised of the purpose, nature, and likely consequences of this evaluation and ensure the member understands that this evaluation lacks confidentiality.

NOTE: When an MHP performs both evaluative and therapeutic roles, the possible conflict of loyalties will be explained to the member at the outset of the therapeutic relationship.
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7. Characterization of Separation. Honorable (HON), unless an Entry Level Separation (ELS) or General (Under Honorable Conditions) (GEN) is warranted per MILPERSMAN 1910-300 to 1910-308.