been determined that the member's retention in the naval service is illegal. (26) When a member is disenrolled from the Naval Academy and is not considered qualified for enlisted

status.

(b) Subject to the following instructions, the commanding officer shall, as appropriate, discharge or transfer for discharge for the convenience of the Government, an enlisted woman for any one of the following reasons: (The instructions contained in this paragraph should not be interpreted as precluding the commanding officer from forwarding any case to the Chief of Naval Personnel for decision should he consider such action appropriate. In the case of either parenthood or pregnancy of a married enlisted woman who has over 18 years of service but insufficient time for retirement the commanding officer will forward the case to the Chief of Naval Personnel for a decision.)

(1) Parenthood, when it is established that a woman is the parent, by birth or adoption, of a child under 18; has personal custody of a child under 18; is the stepparent of a child under 18 and the child resides within the household of the woman for a period of more than 30 days a year; or during her current enlistment or extension of enlistment, has given birth to a living child. In any case wherein a woman is the natural parent of a child born prior to her entry into the naval service and wherein all rights to custody and control of the child are asserted to have been lost through formal adoption proceedings prior to the woman's entry into the service, the commanding officer shall not effect discharge of the woman concerned without specific authorization of the Chief of Naval Personnel.

(2) Pregnancy, regardless of marital status, upon determination by a naval medical officer. The type of discharge shall be as warranted by her service record regardless of marital status. If pregnancy is terminated prior to separation, a full report of the circumstances shall be submitted to the Chief of Naval Personnel including whether or not the termination was a result of a spontaneous or therapeutic abortion or a still birth, or if there is

evidence of nontherapeutic abortion, together with servicewoman's desires as to retention in the service and the Commanding Officer's recommendation thereon.

(3) Marriage, upon written request to the commanding officer 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 further provided member meets all the conditions set forth below which are applicable in her case. (If two or more of the conditions apply, the period of time which results in retaining her to the latest date shall govern). In any case discharge will not be effected earlier than six months from the date of submission of written request therefor except that commanding officers may waive the six months' delay in discharge in those cases wherein a contact relief is not required or at such time as a relief becomes available.

(i) Must have served not less than 12 months subsequent to completion of recruit training and not less than 12 months at current duty station, or not less than 12 months at new duty station if separation requested after issuance of transfer orders.

(ii) If member attended a service school during her enlistment:

(a) If length of course was 24 weeks, must have served 24 months after completion of the course or disenrollment therefrom.

(b) If length of course was over 24 weeks or less, must have served 18 months after completion of the course or disenrollment therefrom.

Ensure that a copy of the member's request and information as to the command's action thereon is submitted to the Bureau of Naval Personnel (Pers B2122) and the cognizant personnel distributor in all cases. (Article A-4204 of the Bureau of Naval Personnel Manual contains instructions relative to recoupment of reenlistment bonus, if paid.)

(c) Attend college: (1) Commanding officers are hereby authorized to separate or transfer for separation enlisted personnel for the purpose of commencing or resuming their college education provided eligibility is estab

lished in accordance with the following:

(i) The requested date of separation must be within 3 months of the individual's normal expiration of activeobligated service and, within this limitation, not earlier than 10 days prior to the date of registration as prescribed by the educational institution. (Normal expiration of active-obligated service is the date on which the individual would normally be eligible for release to inactive duty. It is not the "advanced" separation date established by any early separation program which may be in effect.)

(ii) The applicant must demonstrate an ability and willingness to make the required payment of an entrance fee, if required, provided he has not already done so. The applicant must also demonstrate that the specific school term for which he is seeking early release is academically the most opportune time for him to begin or resume his education; and that delay of enrollment until a date subsequent to normal separation date would handicap him in the pursuit of his education.

(iii) The applicant must obtain a statement from the educational institution which establishes:

(a) That the applicant has been accepted for enrollment without qualification for entrance in a specified school term. (A summer term may be used to fulfill this requirement.)

(b) That the applicant will be enrolled in a full-time course of instruction leading to a baccalaureate or higher degree. (Enrollment in an accredited Junior College may be used to fulfill this requirement.)

(c) The convening date of class for the specified school term.

(d) The registration dates for the specified school term.

(e) That the educational institution is currently listed in Part III of the Educational Directory published by U.S. Department of Health, Education and Welfare.

(iv) The applicant's performance of duty must have been such that he is deserving of consideration for early separation. Additionally, requirements for honorable discharge in article C

7821(10)(b) of the Bureau of Naval Personnel Manual must be met.

(v) The loss occasioned by the early release of the applicant, without immediate replacement, will not reduce the operational readiness of the command to an unacceptable degree.

(vi) The commanding officer will assure, to his satisfaction, that early release is not being requested for the purpose of avoiding service.

(2) Exceptions: The Chief of Naval Personnel, as a policy, will not authorize the early separation of personnel who do not fully meet the requirements set forth in paragraph (c)(1) of this section. In no case will early release for educational purposes be authorized earlier than 3 months in advance of normal expiration of activeobligated service. While the Chief of Naval Personnel does not desire to prevent personnel who are not fully qualified under paragraph (c)(1) of this section above from applying for early release, such personnel should be carefully and completely informed of the Bureau's firm policy in this regard and discouraged from submitting an official request except for unusual reasons. However, if the individual concerned still wishes to submit a request for early release in accordance with article B-1105 of the Bureau of Naval Personnel Manual, the request should be forwarded to the Chief of Naval Personnel (Attn: Pers B222) with the information listed in paragraphs (c)(1) (i) to (iii) of this section. The commanding officer in his endorsement will comment on the factors listed in paragraphs (c)(1) (iv) to (vi) of this section.

(3) Personnel not eligible for early release to attend college. Personnel in the following categories are not eligible for early release under the provisions of paragraph (c)(1) of this section.

(i) Aliens seeking to qualify for citizenship by completion of 3 years' active military service, since early release might jeopardize their expeditious naturalization.

(ii) Personnel who will have a reserve obligation remaining upon separation, as determined by article C-1402 of the BUPERS Manual, will not be separated until they have completed

21 months' active duty on their current term of active-obligated service.

(iii) Personnel who are ordered to 6 months' active duty for training.

(iv) Personnel whose services are essential to the mission of the command.

(d) Commanding officers shall discharge or transfer for discharge those non-petty officers serving in their first enlistment who have served continuously on active duty for more than 12 months and are considered to be a burden to the Command due to substandard performance or inability to adapt to military service provided (1) they have a tenth grade education or less or a GCT of 41 or less, (2) are not potential petty officer material, and (3) have average performance marks below the minimum required for honorable discharge and reenlistment.

(e) Full information regarding the reason for separation and a recommendation concerning reenlistment in accordance with article C-10103 of the Bureau of Naval Personnel Manual based upon enlisted performance evaluations (article C-7821 of the Bureau of Naval Personnel Manual and applicable Bureau directives) shall be entered on page 13 of the service record in connection with all cases within the purview of this section.

[29 FR 18280, Dec. 24, 1964, as amended at 31 FR 10187, July 28, 1966]

§ 730.7 Discharge of enlisted personnel for own convenience and furlough without pay.

(a) The Bureau of Naval Personnel, as a policy, will not discharge enlisted personnel for their own convenience. In this category are requests for discharge for the purpose of:

(1) Accepting civilian employment. (2) Returning to school, except as provided in § 730.6(c).

(3) Entering another branch of the Armed Forces in an enlisted status.

(4) Accepting employment with Government agencies in a civilian capacity.

(b) While the Bureau does not desire to prevent personnel from applying for discharges for personal reasons, such as the reasons stated in this section, such personnel should be carefully and completely informed of the Bureau's policy in this regard and dis

couraged from submitting an official request for discharge for any of these reasons. However, if the individual concerned still wishes to submit a request for discharge, permission should be granted to do so; in which case substantiating documents bearing on the particular case should be required of the applicant to accompany the request.

(c) Discharges by purchase will not be authorized.

(d) Furlough without pay: In time of peace, and under such regulations as the Secretary of the Navy may prescribe, furlough without pay for the period covering the unexpired portion of their enlistments may be granted enlisted personnel in lieu of discharge by purchase or by special directive. Furlough without pay is a privilege and not a right, and personnel granted such a furlough are subject to recall to duty in time of war or national emergency, to complete the unexpired portion of their enlistment. (10 U.S.C. 6296.)

(1) It is not the present policy to grant extended furloughs without pay. Should it be found expedient to grant such furloughs, the Chief of Naval Personnel may do so either without requiring refund or under the conditions listed below:

(i) Personnel serving in first enlistment:

(a) Seamen recruits or other enlisted personnel undergoing a period of recruit training, by reimbursing the Government for the cost of that portion of the outfit drawn and for the cost of transportation from the place of enlistment to the training station;

(b) Personnel other than those who enlist as seamen recruits, during the first 6 months of enlistment, by reimbursing the Government for the portion of uniform allowance drawn and the cost of transportation from the place of enlistment to the place of first duty;

(c) After the first year of enlistment, by reimbursing the Government for the cost of uniform furnished.

(ii) Personnel serving in second or subsequent enlistment, or extension of enlistment, who received no reenlistment allowance or uniform allowance upon reenlistment:

(a) During the first year of said reenlistment, or extension of enlistment, by reimbursing the Government for the cost of transportation from the place of enlistment to place of first duty thereafter;

(b) After first year of said reenlistment or extensions of enlistment, no refund.

a

(iii) Personnel serving in second or subsequent enlistment, or under extended enlistment, who received reenlistment allowance upon reenlistment or upon extension of enlistment, and those who were credited with clothing allowance:

(a) During the first year of reenlistment or extension of enlistment, by reimbursing the Government for the total amount of the reenlistment allowance, the portion of clothing allowance issued, and the cost of transportation from place of enlistment to place of first duty.

(b) During the second year of reenlistment or extension of enlistment, by reimbursing the Government an amount equal to three-fourths of the reenlistment allowance and threefourths of the clothing allowance issued.

(c) During the third year of reenlistment or extension of enlistment, by reimbursing the Government an amount equal to one-half the reenlistment allowance and one-half of the clothing allowance issued.

(d) After completion of the first 9 months of the fourth year of a 6-year reenlistment by reimbursing the Government an amount equal to onefourth of the reenlistment allowance.

(2) Furloughs without pay will not be authorized for the manifest purpose of avoiding duty on a particular ship or station. It would be required that all applications be forwarded through official channels, that applicants state their reasons for desiring the furlough and, further, that they waive all claim to transportation and travel allowance to their home or place of acceptance for enlistment; also that officers through whom applications are forwarded make comments and recommendations in each case by

endorsement.

[24 FR 7445, Sept. 16, 1959, as amended at 29 FR 18282, Dec. 24, 1964]

§ 730.8 Discharge or release to inactive duty for reasons of dependency and hardship.

(a) The Chief of Naval Personnel may authorize or direct the discharge or release to inactive duty of enlisted personnel for reason of dependency or hardship. Personnel who have an additional service obligation remaining under any provisions of law will normally be transferred to the U.S. Naval Reserve if otherwise eligible therefor and released to inactive duty, or, if already a member of the Naval Reserve, released to inactive duty to serve the remainder of the obligated service therein. Where the individual does not have an additional service obligation remaining, discharge may be directed. Article H-31202(1)(d) of the Bureau of Naval Personnel Manual pertains to submission of requests for hardship or dependency discharge of Naval Reservists while on inactive duty.

(b) Enlisted personnel who desire to request discharge or release to inactive duty, as appropriate, for dependency or hardship reasons shall be informed of the proper procedure to follow. It should be clearly explained to each applicant that a request shall be submitted via official channels and that submission of a request is no assurance that discharge or release to inactive duty will be authorized. Each such request received will be carefully and sympathetically considered and a final decision will be based upon its individual merits. It should be further explained to the individual, prior to submission of his request for discharge, or when a request for hardship discharge is included as an alternative in a request for Humanitarian shore duty, that such a request, once approved by the Chief of Naval Personnel is irrevocable, except in the most unusual circumstances. In instances of this nature it will be necessary for the individual to submit a request for cancellation of discharge authority to the Chief of Naval Personnel via official channels, stating how the hardship has been eliminated, and including affidavits attesting to this fact.

(c) Policies governing discharge or release to inactive duty on account of dependency or hardship—

(1) Dependency or hardship discharges, or releases to inactive duty, will not be authorized solely for financial or business reasons; for indebtedness; for personal convenience; when an individual is under charges or in confinement; or because of the member's physical or mental condition.

(2) Discharges or releases to inactive duty will not be disapproved under the provisions of this section solely because an individual's services are needed in his assigned duties, or because he is indebted to the Government or to an individual.

(3) The Chief of Naval Personnel may direct discharge or release to inactive duty when it is considered that undue and genuine hardship exists, that the hardship is not of a temporary nature, that the conditions have arisen or have been aggravated to an excessive degree since entry into the service, and the member has made every reasonable effort by means of application for basic allowance for quarters and voluntary contributions which have proven inadequate; that the discharge or release of the individual will result in the elimination of, or will materially alleviate, the condition and that there are no means of alleviation readily available other than by such discharge or release. Examples of meritorious cases are those in which the evidence shows that, either as a result of the death or disability of a member of an enlisted person's family, the separation of the person concerned is necessary for the support or care of a member or members of the family; or that the individual or the family is undergoing hardships more severe than normally encountered by dependents of families of members of the naval service. Undue hardship does not necessarily exist solely because of altered present or expected income or because the individual is separated from his family or must suffer the inconveniences normally incident to military service. Pregnancy of an enlisted man's wife is not in itself a circumstance for which separation will be authorized.

(d) A written application for discharge or release to inactive duty for dependency or hardship shall be forwarded to the Chief of Naval Person

nel via the enlisted person's commanding officer. In unusual circumstances, personnel in an authorized leave status may submit requests for dependency or hardship discharge to the Chief of Naval Personnel. To facilitate and expedite the request and to ensure that it is properly prepared in accordance with existing instructions, it should be prepared by and submitted via the nearest naval activity. The anticipated date of the individual's departure from the leave address must be included in the request. All requests must be accompanied by affidavits substantiating the dependency or hardship claim. Where practicable, one affidavit should be from the dependent concerned. The request should contain the following additional information:

(1) Reason in full for request.

(2) Complete home address of dependent and applicant.

(3) Names and addresses of persons familiar with the situation.

(4) Statement as to marital status and date of marriage.

(5) Financial statement: Complete itemized budget for serviceman and/or dependent family members, including rent, food, clothing, utilities, fuel, medical expenses, and other regular expenses; list of existing debts including names of creditors, original amount of debt, amount of debt remaining to be paid, amount of monthly payments, date debt contracted and purpose; specific amounts and modes of contributions of serviceman to dependents.

(6) Names, ages, occupations, and monthly incomes of members of the individual's family, if any, and the reasons why these members cannot contribute to the necessary care or support of the individual's family. If dependency is the result of death of a member of the enlisted person's family occurring after entrance into the service, a certificate or other valid proof of death should be furnished. If dependency or hardship is the result of disability of a member of the enlisted person's family occurring after entrance into the service, a physician's certificate should be furnished showing specifically when such disability