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The death of, or final divorce from, a spouse
where the member is left as sole parent of a minor child
or children, other arrangements cannot be made for their
continued care, and the member cannot continue at
present duties and properly care for them. To be eligible
for separation in this situation, the member must be a
single parent serving on (or under orders to) sea duty or
be in a deployable status and have a final divorce decree
with permanent physical custody awarded to the
member.
The long-term physical or mental illness of the
spouse that does not allow the member to perform duties
as assigned and the member’s continued presence is
required. (Note that whether the mental illness of the
member’s spouse is severe enough to warrant a hardship
discharge is a decision within the discretion of the
appropriate SPCMCA.)
As a result of the disability or death of a parent,
the separation of the member from the Navy is essential
for the financial and physical support of a member or
members of the family. Undue hardship does not
necessarily exist solely because of altered present or
anticipated income. Consideration must be given to
social security, disability payments, other federal and
state assistance programs, and any other income or
assets of the member or other family members.
COUNSELING MEMBERS CONCERNING
HARDSHIP DISCHARGES
Enlisted personnel who desire to request separation
for hardship reasons must be informed of the proper
procedures to follow. Explain to each applicant that a
request should be submitted via official channels and
that submission of the request is no assurance that the
discharge or release to inactive duty will be authorized.
Also explain that a decision for a member’s separation
is within the sole discretion of the appropriate
SPCMCA.
Each request is carefully and sympathetically
considered and the final decision is based on its
individual merits. Also explain to the member that such
a request for hardship discharge, once approved by the
appropriate SPCMCA, is irrevocable except in the most
unusual circumstances.
If the hardship discharge has been approved and the
member later indicates that he or she wishes to have the
SPCMCA rescind the approval of the hardship
discharge, explain to the member that he or she must
submit a request for cancellation of discharge authority
to the appropriate SPCMCA via official channels. The
request must state how the hardship has been eliminated
and must include affidavits attesting to this fact.
ACTIVITY ASSISTING MEMBER WITH
REQUEST
A written request for separation for hardship must
be addressed to the appropriate SPCMCA. In unusual
circumstances, members in an authorized leave status
may submit requests for dependency of hardship
discharge. To speed the procedure, the nearest naval
activity should submit a request to the SPCMCA with
the assisting command’s synopsis included in its
endorsement.
All requests must be accompanied by affidavits
verifying the hardship claim. When practical, the family
member(s) concerned should submit one affidavit. The
preparing activity should immediately inform the
member’s parent command of the pending request and
ask for a leave extension, if warranted. Otherwise, the
provision for no-cost TAD orders, as defined in the
ENLTRANSMAN, chapter 18, maybe used.
Provide the member with all the administrative
assistance he or she may need in completing his or her
request. Make sure you, the member, and concerned
individuals in the chain of command review the request
and all applicable enclosures for accuracy and
completeness before its submission to the appropriate
SPCMCA.
The MILPERSMAN, Article 3620210, displays the
format for requesting a hardship discharge and identifies
required documents that must be included as part of such
request. Always review the MILPERSMAN, Article
3620210, when preparing these requests.
NAVY’S ASSIGNMENT POLICY
ACAs adhere to the following policies on the
assignment of enlisted personnel and neither race, creed,
color, national origin, nor sex (except where stipulated
in 10 U.S.C. 6015), based on Navy needs or as imposed
by host countries are factors in the nomination and
assignment of naval personnel.
POSSESSION OF REQUIRED SKILLS
The primary consideration in assignment of
personnel to a billet is that the member possess the
required skills necessary to fill that billet.
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