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MILPERSMAN 1900-120 SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT--MEDICAL CONDITIONS NOT AMOUNTING TO A DISABILITY (9 NOV 2018)

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

1. Policy

a. Medical conditions interfering with a member’s performance of duty, but not specifically listed as compensable under the veterans affairs schedule for rating disabilities, may be eligible for separation for conditions not amounting to a disability (CnD) as outlined in references (a) through (e), and covered under this article. Interference with a member’s performance of duty specifically includes non-deployability as described in reference (f).

b. Separation on the basis of a mental health condition not constituting a physical disability (including personality disorders) is only authorized if a diagnosis by an authorized mental health provider, as defined in reference (g) and the American Psychiatric Association, “Diagnostic and Statistical 1900-120CH-65, 9 Nov 2018Page 2of 9Manual of Mental Disorders,” concludes that the disorder does not constitute a disability, and is so severe that the member’s ability to function effectively in the military environment is significantly impaired.

c. Some non-disabling medical conditions may preclude the member from overcoming the deficiency (i.e., asthmas or allergies). Commanding officers (CO), based on a written opinion of appropriate medical providers, will determine if the condition warrants an opportunity to overcome the medical condition and the resulting negative impact on performance.

d. Authorization from Office of the Chief of Naval Operations, Nuclear Propulsion Program Manager (OPNAV N133) must be attained, per reference (h), prior to commencing administrative separation (ADSEP) processing for nuclear-trained Sailors under this section.

e. Sailors may not be separated for chronic adjustment disorder without being medically evaluated for possible referral into the Disability Evaluation System (DES) per references (d) and (e).

f. Separation is not appropriate, nor should it be pursued under this article, when separation is warranted on the basis of unsatisfactory performance or misconduct.

g. The command or the member may initiate a separation request per this article.

Comments: Members can request a discharge for ODPMC.

(1) Command-Initiated Request.

Involuntary separation processing may not be initiated until the enlisted Service member has been notified formally via NAVPERS 1070/613 Administrative Remarks entry, or until the commissioned officer has been formally counseled about performance deficiencies related to the medical condition and the Service member has been advised of medical resources (if applicable) that may assist in the member’s retention, exhibit 1 refers. The CO must provide reasonable time to the Service member to overcome deficiencies as reflected in appropriate counseling or personnel records, unless an appropriate medical provider finds that the condition precludes the member from overcoming deficiencies. Documentation will include history from 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 member was counseled and afforded an opportunity to overcome the deficiencies.

(2) Service Member-Initiated Request.

The Service member may request separation based on CnD that the Service member’s attending military physician believes exists and hinders the member’s potential for continued naval service. The member may request separation only after all medical avenues of relief have been exhausted, exhibit 2 refers. This request is considered a voluntary separation and the Service member will not receive separation pay entitlements. Selective reenlistment bonus, enlistment bonus, officer educational costs, and or officer community managed bonuses (if applicable) will be recouped.

h. Whether initiated by the command or the Service member, a letter from a medical officer recommending ADSEP for CnD is required. Medical officer recommendations must document

  • (1) diagnosis warranting recommendation for ADSEP,
  • (2) rationale for ADSEP recommendation,
  • (3) determination that no conditions potentially warrant a DES referral and
  • (4) international statistical classification of diseases and related health problems (ICD-10) code(s).

i. All medical officer recommendations for ADSEP for CnD must be endorsed by a Bureau of Medicine and Surgery (BUMED)-appointed medical evaluation board (MEB) prior to separating a Service member.

j. A flag medical officer review is required when one or more of the following conditions apply:

  • (1) personality disorder is the basis for CnD ADSEP,
  • (2) Service member has greater than 4years of service,
  • (3) Service member has deployed to an imminent danger pay area in the last 24 months or
  • (4) Service member has ever completed or flagged to complete a post-deployment health assessment.

Note: For Service members who have served or are currently serving in imminent danger pay areas, a diagnosis of a mental disorder not constituting a disability must be corroborated by a peer or higher-level mental health professional and endorsed by a full MEB prior to separation. Additionally, post-traumatic stress disorder (PTSD)and other mental illness co-morbidity must be addressed. Unless found fit for duty by the DES, separation for a mental disorder not constituting a physical disability or personality disorder is not authorized if Service-related PTSD, another trauma-related disorder, or any condition that may trigger the protections of reference (I) is also diagnosed.

k. Convening authorities will forward the convening authority separation recommendation to Commander, Navy Medicine East or West for endorsement(as appropriate). For Navy Service members assigned to U.S. Marine Corps activities, convening authorities will forward the convening authority separation recommendation to the Director of Health Services/Medical Officer of the Marine Corps. Note: If the request is forwarded to Navy Personnel Command (NAVPERSCOM) for disposition without the specific documentation mentioned above, the request will be disapproved.

l. Members found fit for continued naval service by a physical evaluation board and found not world-wide assignable after completing a medical assignment screening will not be involuntarily administratively separated for the condition(s),per this article, nor will the member be denied reenlistment, per reference (d), unless the ADSEP is approved by the Secretary of Defense.

Comments: See the complete regulation for the sample format to submit a member's request for separation under this chapter.