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Humanitarian/Hardship Reassignments not Considered
Personnelman 3 & 2 - Military manual for government personnel administration
Reasons Under Which a Member may not be Separated
As a PN, you may become initially involved in the humanitarian/hardship reassignment process in the counseling stage. You may be the person who initially counsels members d e s i r i n g    t o make humanitarian/hardship    reassignment    requests. Members will usually come to the personnel office to inquire  about  the  requirements  for  requesting  a humanitarian  reassignment.  You  must  provide  these members with all the pertinent information they need in addition  to  any  administrative  assistance. In counseling these members, remember to consult chapter 18 of the ENLTRANSMAN. This chapter will give  you  additional  information  on  procedures  for urgent   hardship   cases,   assignment   flexibility   for members serving on both sea and shore duty, minimum period  of  assignment,  extension  of  TD  HUMS,  special instructions  for  administration  of  members  on  TD HUMS,   order-writing   requirements,   supporting statements required for a basic letter request, contents of   a   basic   request,   information   on   the   CO’s endorsement, and more. In all cases, refer to chapter 18 of  the  ENLTRANSMAN  for  the  most  current information   concerning   reassignments   for humanitarian reasons. HARDSHIP  DISCHARGE  REQUESTS Navy personnel often encounter hardships while serving on active duty. These members may request separation  from  the  naval  service  provided  they  meet the criteria set forth in the Naval Military Personnel Manual (MILPERSMAN), Article 3620210. We will talk  about  some  of  these  criteria  in  the  following paragraphs. The  first  step  for  an  individual  who  wishes  to request separation from the naval service based on hardship  is  to  request  separation  from  the  special court-martial  convening  authority  (SPCMCA)  within his or her own chain of command. The member must be in either a permanent duty (PERMDU) or temporary duty  (TEMDU)  status,  but  not  on  temporary  additional duty  (TEMADD). An  eligible  member  who  does  not  have  an additional service obligation may be discharged. An eligible  member  who  has  an  additional  service obligation  under  any  provision  of  law  may  be transferred to the Naval Reserve (if otherwise eligible) and released to inactive duty. If the person is already a member of the Naval Reserve, he or she may be released to inactive duty to serve the remainder of the obligated service. 3-14 A member of the Naval Reserve who is serving on inactive duty may be transferred to the Individual Ready Reserve  (IRR)  or  Standby  Reserve  when  the  hardship prevents the member’s participation in the Selected Reserve but not his or her mobilization. In cases when hardship prevents mobilization, the member may be discharged. In cases of members on inactive duty, each case must be approved by the appropriate SPCMCA. In every case, the decision of whether a hardship discharge should be granted is at the discretion of the SPCMCA. Once a request is approved and completed, it must then be sent to CHNAVPERS (PERS 913). Understand that no member has an absolute right to request discharge from the Navy due to hardship. Each case must meet specific  criteria. HARDSHIP  DISCHARGE  CRITERIA The member’s request must show that the hardship meets the following criteria: A severe hardship exists that is not normally encountered  and/or  resolved  by  other  members  of  the naval  service. The  hardship  affects  the  service  member’s immediate family. The immediate family is defined as spouse,  son,  daughter,  stepchild,  parent,  brother,  sister, or other person including a stepparent acting in loco parentis  for a period of 5 years before the member became 21 years of age, or any bona fide dependent of the service member. In-laws and grandparents are not considered to be members of the immediate family solely  by  virtue  of  their  relationship  as  in-laws  or grandparents. The hardship is not of a temporary nature and cannot reasonably be expected to be resolved within the near future by use of leave (including emergency leave if the member is overseas) or a period of TEMDU for humanitarian reasons to better the situation. The hardship has occurred or has been severely aggravated  since  the  member’s  entry  into  the  service. The  member  and  family  have  made  every reasonable effort to ease the hardship.   There are no other family members or relatives nearby who are capable of providing the necessary assistance. The discharge or release of the member will result in the reduction of the hardship.

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