Via: Senior Member, Physical Evaluation Board (insert appropriate mailing address shown in subdivision (iv) of this subparagraph). Subj: Authorization to appear before a Physical Evaluation Board. Ref: (a) Disability Separation Manual, NAVEXOS P-1990. Encl: (1) Statement of Rights in triplicate (NAVEXOS-3332). 1. When notified by the via addressee that the necessary records are available for presentation of your case, you are authorized to report to that officer for an evaluation of your present physical condition. 2. In the evaluation of your physical condition, the Physical Evaluation Board is directed to conduct the proceedings in all respects as provided for hearings in the case of active-duty members except that it will make only the recommended finding that you are or are not physically qualified for active duty in the U.S. Marine Corps Reserve. The Board's attention is invited to paragraph 0427 of reference (a). 3. The above is authorized with the understanding that you will not be entitled to reimbursement for mileage or expense in connection therewith. In case you do not desire to bear this expense or if for any reason you fail to report to the Physical Evaluation Board on the date specified, you will regard paragraph 1 of this authorization as revoked. 4. You are advised that if for any reason you are unable to report in person to the Physical Evaluation Board on the date specified, you may waive your right to appear in person. If you waive your right to appear in person, your case will be submitted to the Physical Evaluation Board for an examination on the record. It is requested that you execute the enclosed Statement of Rights and return it to the via addressee prior to the date set for your examination. 5. Whether you appear in person or waive your right to appear in person you may be represented by counsel if you so desire. You are advised that if you desire counsel to assist or represent you in presenting your case before the Physical Evaluation Board, competent legal assistance is available without expense to you. Should you desire to avail yourself of this service, you may apply to the Senior Member of the Physical Evaluation Board. BuMed (Code 3351) CMC (Code DMB) Individual concerned-4 (iv) Mailing list of Physical Evaluation Boards. First Naval District, U.S. Naval Hospital, Chelsea 50, Mass. Third Naval District, U.S. Naval Hospital, St. Albans, Long Island 12, N.Y. Fourth Naval District, U.S. Naval Hospital, 17th Street and Pattison Avenue, Philadelphia 45, Pa. Fifth Naval District, U.S. Naval Hospital, Sixth Naval District, U.S. Naval Hospital, Eleventh Naval District, U.S. Naval Hospital, San Diego 34, Calif. Twelfth Naval District, U.S. Naval Hospital, Oakland 14, Calif. Headquarters Marine Corps, Henderson Hall, Building No. 3, Washington 25, D.C. U.S. Naval Hospital, Camp Lejeune, N.C. U.S. Naval Hospital, Camp Pendleton, Calif. NOTE: Address all correspondence to Senior Member. Example: Senior Member, Physical Evaluation Board, Headquarters, Ninth Naval District, Great Lakes, Ill. [26 FR 9543, Oct. 10, 1961, as amended at 31 FR 16405, Dec. 23, 1966] § 730.162 Discharge certificate. (a) A reservist who has served on active duty other than active duty for training during his current enlistment will be discharged in accordance with instructions governing enlisted Marines of the Regular Marine Corps discharged under similar conditions, and the type of discharge certificate prescribed therefor will be used. (b) A reservist who has not served on active duty, other than active duty for training during current enlistment, will be issued the Honorable Discharge Certificate, DD Form 256-MC, on discharge, unless otherwise directed in the individual case by the Commandant of the Marine Corps. (c) Instructions governing preparation of discharge certificates are con tained in paragraph 15074 of the Marine Corps Personnel Manual. (d) Upon transmittal of discharge certificates, inform each Marine that it is his responsibility to report his change of status to his local board of the Selective Service System. [26 FR 9544, Oct. 10, 1961] § 730.163 Discharge of women who become a parent or custodian of a child. Commanders shall discharge an enlisted woman in accordance with § 730.61(b)(2) wher it is established that such woman comes within its purview. [26 FR 9544, Oct. 10, 1961] § 730.164 Discharge of reservists on inactive duty who have become regular cr duly ordained ministers of religion or who desire to take final vows in a religious order. (a) Members of the Marine Corps Reserve on inactive duty who have become regular or duly ordained ministers of religion or who desire to take final vows in a religious order may request separation as follows: (1) Officers will submit resignation of commission to the Secretary of the Navy through official channels via the Commandant of the Marine Corps (Code DMA). (2) Enlisted personnel will submit requests for discharge via official channels to the Commandant of the Marine Corps (Code DMB). (b) The following definitions apply for the purposes of his paragraph: (1) "Regular minister of religion" is defined as a person who as his customary vocation preaches and teaches the principles of religion of a church, a religious sect, or religious organization of which he is a member, without having been formally ordained as a minister of religion, and who is recognized by such church, sect or organization as a regular minister. (2) "Duly ordained minister of religion" is defined as a person who has been ordained in accordance with the ceremonial ritual, or discipline of a church, religious sect, or religious organization established on the basis of a community of faith and belief, doc trines and practices of a religious character, to preach and to teach the doctrines of such church, sect, or organization and to administer the rites and ceremonies thereof in public worship, and who as his regular and customary vocation preaches and teaches the principles of religion and administers the ordinances of public worship as embodied in the creed or principles of such church, sect, or organization. (3) The above definitions do not include a person who irregularly or incidentally preaches and teaches the principles of religion of a church, religious sect or religious organization or who may have been duly ordained a minister in accordance with the ceremonial rite, or discipline of a church, religious sect or religious organization, but who does not regularly, as a vocation, teach and preach the principles of religion and administer the ordinances of public worship as embodied in the creed or principles of his church, sect, or organization. (c) Resignation of a commission or application for discharge must be accompanied by a statement or certificate from an appropriate official of the church, religious sect, or religious organization attesting that the reservist is a regular or duly ordained minister of religion as defined in the foregoing paragraph, or if the reservist desires to take final vows in a religious order, his resignation or application for discharge must be accompanied by a statement or certificate from an appropriate official of the religious order showing that in order to proceed further with his acceptance into the religious order, it is required that the reservist be separated from any military status he may have. [26 FR 9544, Oct. 10, 1961] Subpart C-Navy and Marine Corps SOURCE: 31 FR 16405, Dec. 23, 1966, unless otherwise noted. § 730.301 Purpose. To prescribe certain criteria, policy, and procedures for the administrative separation of enlisted members of the naval service pursuant to Part 41 of this title. § 730.302 Policy. The administrative separation of enlisted members of the naval service will be accomplished by the authority of and pursuant to the criteria, policy, and procedures set forth in this subpart, the Marine Corps Personnel Manual, the Bureau of Naval Personnel Manual, the Manual of the Medical Department, and such other orders and regulations as may be published by the Secretary of the Navy, the Commandant of the Marine Corps, the Chief of Naval Personnel, and the Chief, Bureau of Medicine and Surgery. § 730.303 Requirements. Pursuant to the provisions of §§ 41.4(d), 41.6(b)(10), and 41.8(b) of this title, the following policies, criteria, and procedures are established: (a) Periodic explanation of types of discharge certificates. The Commandant of the Marine Corps and the Chief of Naval Personnel will, for their respective services, prescribe appropriate internal procedures for periodic explanation to enlisted members of the naval service of the various types of discharge certificates, the basis for their issuance, and their possible effects upon reenlistment, civilian employment, veterans' benefits, and related matters. As a minimum such explanation will be given each time the Articles of the Uniform Code of Military Justice (10 U.S.C. 801-940) are explained pursuant to Article 137 thereof (10 U.S.C. 937). Failure on the part of any member to receive or to understand such explanation, however, shall in no event be considered a defense in an administrative discharge proceeding or a bar thereto. (b) Discharge for the convenience of the Government. In addition to the reasons specified in § 41.6(b) of this title, administrative separation for the convenience of the Government may be authorized, directed or further prescribed by the Commandant of the Marine Corps or the Chief of Naval Personnel in their respective services for the following reasons: (1) For the purpose of holding public office as prescribed by the Commandant of the Marine Corps or the Chief of Naval Personnel. (2) In the case of a married enlisted woman on active duty at her written request, provided she is not serving at a duty station which is sufficiently close to the location of her husband to permit the establishment of a joint household, and provided she meets such other conditions as may be prescribed by the Commandant of the Marine Corps or the Chief of Naval Personnel for their respective services. (3) Obesity, provided that a medical officer certifies that the proximate cause of the obesity is the excessive voluntary intake of food and/or drink, rather than from organic or other similar causes apparently beyond the control of the member. (4) Repeated below average or unsatisfactory markings or unfavorable or less than favorable remarks on noncommissioned or petty officer fitness or enlisted performance evaluation reports. (5) Substandard personal behavior which reflects discredit upon the service or adversely affects the member's performance of duty, including but not limited to: (i) A history of repeated minor disciplinary infractions, so as to present an administrative burden to the com mand. (ii) Repeated overindulgence in alcoholic beverages, even though such overindulgence does not exist to a degree which would permit a medical officer to diagnose the member as an alcoholic. (6) In the case of a member of the Naval or Marine Corps Reserve, on inactive duty, who, as a result of an annual or quadrennial physical examination required by Article 15-76, Manual of the Medical Department, or any other official physical examination, is determined by the Chief, Bureau of Medicine and Surgery, to be temporarily physically disqualified for retention in the Naval or Marine Corps Reserve or whose physical qualification status is undetermined pending further information or examination and the member fails to submit to or cooperate in such further physical examinations as are directed by competent authority in order to permit a final determination to be made regarding the member's physical qualification for retention in the Naval or Marine Corps Reserve. (7) Upon the individual member's written request, where there is a demonstrated dependency or hardship, even though such dependency or hardship does not meet the criteria specified in § 41.6(d) of this title. (8) Upon the recommendation of the Chief, Eureau of Medicine and Surgery, that a member of the naval service be separated for administrative reasons when such member is suffering from a condition not considered a physical disability and such condition has interfered with his performance of duty. (9) When, as determined by a medical officer or his commanding officer, a member is allergic to clothing material or cannot be fitted with appropriate uniform clothing or provided with appropriate bedding. (10) As a result of action taken with respect to the decisions or recommendations of the Naval Clemency Board, a Navy or Marine Corps Selection and Review Board, or a Navy or Marine Corps Enlisted Performance Board or other similar board. (11) When, as determined by a medical officer, the member suffers from motion/travel sickness (989-), as listed in Department of Defense Disease and Injury Codes (TB MED 15/NAVMED P-5082/AFM 160-24). (12) Upon the individual member's request, when a member becomes a "regular or duly ordained minister of religion," as that quoted phrase is defined in section 16(g) of the Universal Military Training and Service Act, as amended (50 U.S.C. App. 466(g)). (13) Upon determination by a medical officer that a member of the Naval or Marine Corps Reserve, whether on active or inactive duty, as a member of any of the various Navy or Marine Corps officer candidate, officer training, or officer procurement programs, is not physically qualified for appointment as an officer in the naval service, although the member's physical disqualification does not fall within the purview of § 41.6(f) of this title, and although the member is physically qualified to serve as an enlisted member of the naval service. (15) Where a member of the Naval Reserve, or the Marine Corps Reserve (Component Class Reserve Status Code "J"), on inactive duty, becomes disqualified for enlistment in the Regular Navy or Marine Corps. (16) Where a member is properly inducted, enlisted, or reenlisted, but is erroneously given a higher grade than that to which he is entitled under applicable Navy and Marine Corps directives. (17) Where a member is properly inducted, enlisted, or reenlisted, but has more than the maximum number of dependents authorized by applicable Navy and Marine Corps directives. (18) Where a member is properly inducted, enlisted, or reenlisted, but, because of subsequent increased height, cannot be assigned duties appropriate to his office, rank, grade, or rating. (19) Where a member is erroneously delivered a punitive discharge before review of the adjudged punitive discharge is final and, as a result of final review, the punitive discharge is set aside, suspended, or remitted. (20) Where a recruit, upon enlistment, concealed the fact that he was married, or where a recruit, upon enlistment, concealed a juvenile youthful offender record. or (21) At the individual member's written request, to permit the member to enter or return to an accredited college or university. (22) At the individual member's written request, to permit the member to take final vows in a religious order. (23) At the individual member's written request, to permit the member to accept employment of a seasonal nature. (24) At the individual member's written request, on the grounds of being an alien. (25) Where a member cannot be assigned appropriate duties because of security reasons. (26) When a member is found to be serving in a constructive enlistment. (27) As a result of the issuance of a writ of habeas corpus wherein it has been determined that the member's retention in the naval service is illegal. (28) Where a member of the Naval or Marine Corps Reserve on inactive duty receives formal notice of induction from the Selective Service System, or enlists in the active service of any branch of the Armed Forces; or enlists in another Reserve component of any branch of the Armed Forces, or accepts an appointment as an officer in any branch of the Armed Forces. (29) [Reserved] (30) Upon written request of a married woman member of the Naval or Marine Corps Reserve on inactive duty, provided she has completed a minimum of 1 year of service and has served 6 months following any period of active duty for training. (31) When a member of the Naval or Marine Corps Reserve on inactive duty fails to complete military training, is erroneously assigned a military obligation, or demonstrates a lack of interest. (32) In the case of a member of the Naval or Marine Corps Reserve on inactive duty who fails to comply with request for physical examination or to submit additional information in connection therewith. (33) When a member of the Naval or Marine Corps Reserve, on inactive duty, is classified in either a IV-F or IY status by the Selective Service System. (c) Record of proceedings of administrative discharge boards. The record of proceedings of each administrative discharge board will be maintained as prescribed by the Commandant of the Marine Corps or by the Chief of Naval Personnel, for their respective services, but, as a minimum, shall contain: (1) A resume of the facts and circumstances, accompanied by supporting documents upon which the recommendation of the administrative dis |