16/11/2021
Navy updates guidance for COVID-19 vaccine refusal.
https://www.navy.mil/Press-Office/News-Stories/Article/2844225/navy-updates-guidance-for-covid-19-vaccine-refusal/
NAVADMIN 256/21
SUBJ/CCDA GUIDANCE TO COMMANDERS//
RMKS/1. Purpose. This NAVADMIN provides guidance to Commanders
regarding Navy service members who fail to obey a lawful order by
refusing the COVID-19 vaccine directed in references (a) through (c).
2. Policy. In order to ensure a fully vaccinated force, U.S. Navy
policy is to process for separation all Navy service members who
refuse the lawful order to receive the COVID-19 vaccination and do
not have an approved exemption. Specific administrative actions are
directed herein, however, additional administrative actions and any
punitive actions based solely on vaccine refusal continue to be
withheld.
2.a. The least favorable characterization of service for Navy
service members refusing the vaccine, without extenuating
circumstances, will be GENERAL (under honorable conditions). A
general discharge will, at the discretion of the Department of
Veterans Affairs (VA), result in the loss of eligibility for some VA
benefits such as the GI Bill, to include the transfer of GI Bill
benefits to dependents.
2.b. Navy service members with approved or pending COVID-19
vaccination exemption requests shall not be processed for separation
or be subject to the other administrative actions described in this
NAVADMIN due solely to their lack of COVID-19 vaccination. However,
in line with reference (d), Navy service members who are not
vaccinated, regardless of exemption status, may be temporarily
reassigned with concurrence of the first flag officer in the
administrative chain of command based on operational readiness and
mission requirements. Where applicable, the first flag officer in
the operational chain of command should be notified regarding
temporary reassignments.
2.c. Navy service members whose COVID-19 vaccination exemption
request is denied are required to receive the COVID-19 vaccine as
directed by the exemption adjudicating authority or commence
vaccination within 5 days of being notified of the denial, if the
exemption adjudicating authority does not specify. Navy service
members who refuse the COVID-19 vaccine after expiration of the
specified time to commence vaccination, will be processed for
separation and be subject to the other administrative actions
described in this NAVADMIN and reference (d).
2.d. Navy service members who initiate vaccination such that they
cannot meet the deadline described in references (b) and (c) or the
applicable deadline established by receipt of an exemption denial,
should notify their chain of command as soon as possible. The Navy
service members command must expeditiously report the case to the
COVID Consolidated Disposition Authority via *PERS-834(at)navy.mil*
for officers and *PERS832COVIDVAXADSEPS(at)us.navy.mil* for enlisted,
in order to expedite determination regarding whether to initiate or
suspend administrative separation and the other actions directed by
this NAVADMIN.
2.e. Notwithstanding the policy to separate Navy service members
refusing the vaccine, each and every Navy service member shall be
treated with dignity and respect at all times throughout the
ex*****on of the policies described herein.
3. Definitions.
3.a. Navy Service Members. Active-duty service members and service
members in the Selected Reserve only. Service members in the
Individual Ready Reserve and U.S. Naval Academy (USNA) and Naval
Reserve Officers Training Corps (ROTC) midshipmen remain subject to
the vaccine mandates in references (a) through (c), but will be
adjudicated per their governing instructions.
3.b. Active-Duty Navy Service Members. Active-duty Navy service
members include members of the Active Component and members of the
Reserve Component on active duty in a full time support (FTS) status
(also known as Training and Administration of the Reserve (TAR)).
3.c. Refusing the Vaccine. A Navy service member refusing the
vaccine is one who has: (1) received a lawful order to be fully
vaccinated against COVID-19, (2) is not or will not be fully
vaccinated on the date required by the order, and (3) does not have
a pending or approved exemption request per references (e) through
(h).
3.d. Fully Vaccinated. Service members are considered fully
vaccinated two weeks after completing an approved COVID-19
vaccination series per reference (c).
3.e. Commanders. Commanders, Commanding Officers and Officers-in-
Charge of naval units or organizations.
4. General Guidance.
4.a. Continue to hold submission of administrative separation
(ADSEP) cases or convening administrative separation boards until
directed by the CCDA.
4.a.(1). Final directions for submission of misconduct and ADSEP
requests based solely on vaccine refusal are expected to be
promulgated during the first week of December 2021. In preparation
for submission, Commanders shall prepare Reports of Misconduct,
applicable NAVPERS 1070/613s and any other supporting documents.
Templates and additional information can be found at
*https://www.mynavyhr.navy.mil/Career-Management/Personnel-Conduct-
Sep/Officer-Performance-Separation/* and
*https://www.mynavyhr.navy.mil/Career-Management/Personnel-Conduct-
Sep/Enlisted-Separations/*. A NAVPERS 1070/613 specifically written
for Navy service members who refuse the COVID-19 vaccine is located
at *https://www.mnp.navy.mil/group/navy-covid-19-reporting* for
Commanders use.
4.a.(2). Entry Level Separation (ELS). Commanders will continue
separation of Navy enlisted service members refusing the vaccine who
meet ELS criteria per MILPERSMAN (MPM) 1910-154. In accordance with
MPM 1910-600, forward completed administrative separation records to
PERS-832 via email at *PERS832COVIDVAXADSEPS(at)us.navy.mil* for
filing in members official military personnel file (OMPF).
4.b. Commanders will notify those Navy service members refusing the
vaccine who are executing funded or no-cost TAD orders for training,
or any other official purpose, to halt their assigned activity and
return to their command within five working days.
4.c. Generally, Navy service members refusing the vaccine will
continue in their assigned duties pending adjudication of separation
processing and other applicable administrative actions described
within this NAVADMIN. Commanders shall ensure appropriate risk
mitigations remain in place to prevent the spread of COVID-19. If,
in the Commanders judgment, a local reassignment becomes necessary,
Commanders should coordinate disposition and timing with their
Immediate Superior in Command (ISIC).
5. Administrative Disposition Guidance.
5.a. The data reporting required by NAVADMIN 249/21, reference (k),
meets the requirements of MPM 1611-010 (officers) and MPM 1616-040
(enlisted) to inform PERS-834 (officers) and PERS-832 (enlisted) of
incidents that could result in adverse action for officers and
enlisted (E-6 through E-9). However, if a Navy service member
refusing the vaccine (including those E5 and below) has a pending
transfer, promotion or advancement: submit the additional
information, as described below, as soon as feasible to ensure
appropriate preemptive action is taken. Include *COVID-19 Vaccine
Refusal* in the subject line of the email.
5.a.(1). Officers. Email *PERS-834(at)navy.mil* with members name,
rank, brief description of the offense (e.g. COVID-19 Vaccine
Refusal), pending promotion/advancement status, and the commands POC
(Name, rank/rate, email and phone number).
5.a.(2). Enlisted. Email *PERS832COVIDVAXADSEPS(at)us.navy.mil*
with members name, rank and rate, brief description of the offense
(e.g. COVID-19 Vaccine Refusal), pending promotion/advancement
status, and the commands POC (Name, rank/rate, email and phone
number).
6. Documentation in Fitness Reports and Enlisted Evaluations.
6.a. Officers.
6.a.(1). In accordance with reference (d), within 30 days of a Navy
service member refusing the vaccine, the reporting senior shall
issue an adverse special Fitness Report (FITREP) per MPM 1610-015
and BUPERSINST 1610.10E. These reports should be submitted no
earlier than the *to* date described below.
6.a.(2). The adverse special FITREP will document failure of the
member to comply with Individual Medical Readiness responsibilities
as outlined below. The adverse special FITREP shall document other
facts as appropriate, including any additional misconduct associated
with vaccine refusal, as described in BUPERSINST 1610.10E. The *to*
date in block 15 of this adverse special FITREP will be as follows:
2021Nov28 (active duty service members and FTS/TAR), 2021Dec28
(SELRES). For Navy service members who requested an exemption which
was denied and subsequently refuse the vaccine, the *to* date in
block 15 shall be 14 days after expiration of the specified time to
commence vaccination as discussed in para 2.c. or the applicable
date specified in the previous sentence, whichever is later.
6.a.(3). The adverse special FITREP will contain no greater than a
2.0 in block 35 (Military Bearing/Character) and no greater than a
2.0 in block 38 (Leadership). Block 42 (Promotion Recommendation)
will be marked as *Significant Problems*. The following sentence
must be the opening statement in block 41: *Member failed to
maintain deployability or individual readiness standards by refusing
the order to receive the COVID-19 vaccine.* A report without these
marks and this statement will be rejected and returned for
correction.
6.b. Enlisted members.
6.b.(1). In accordance with reference (d), within 30 days of a Navy
service member refusing the vaccine, the reporting senior shall
issue an adverse special evaluation per MPM 1610-015 and BUPERSINST
1610.10E. The adverse special evaluation will document failure of
the member to comply with Individual Medical Readiness
responsibilities as outlined below. The adverse special evaluation
shall document other facts as appropriate, including any additional
misconduct associated with vaccine refusal, as described in
BUPERSINST 1610.10E. The *to* date in block 15 of this adverse
special evaluation will be as follows: 2021Nov28 (active duty
service members and FTS/TAR), 2021Dec28 (SELRES). For Navy service
members who requested an exemption which was denied and subsequently
refuse the vaccine, the *to* date in block 15 shall be 14 days after
expiration of the specified time to commence vaccination as
discussed in para 2.c. or the applicable date specified in the
previous sentence, whichever is later. These reports should be
submitted no earlier than the *to* date described above.
6.b.(2). E-1 to E-6 Evaluations. The adverse special evaluation
will contain no greater than a 2.0 in block 36 (Military
Bearing/Character) and no greater than a 2.0 in block 39
(Leadership). Block 45 (Promotion Recommendation) will be marked as
*Significant Problems* and block 47 (Retention) will be marked as
*Not Recommended*. The following sentence must be the opening
statement in block 43: *Member failed to maintain deployability or
individual readiness standards by refusing the order to receive the
COVID-19 vaccine.* A report without these marks and this statement
will be rejected and returned for correction.
6.b.(3). E-7 to E-9 Evaluations. The adverse special evaluation
will contain no greater than a 2.0 in block 37 (Character) and no
greater than a 2.0 in block 33 (Deckplate Leadership). Block 42
(Promotion Recommendation) will be marked as *Significant Problems*.
The following sentence must be the opening statement in block 41:
*Member failed to maintain deployability or individual readiness
standards by refusing the order to receive the COVID-19 vaccine.* A
report without these marks and this statement will be rejected and
returned for correction.
7. Permanent Change of Station (PCS) orders ex*****on guidance.
Navy service members refusing the vaccine who are under PCS orders
will adhere to the following guidance.
7.a. Navy service members and dependents who have not yet initiated
PCS travel shall not execute orders. Commands are directed to
contact Navy Personnel Command (NPC) for follow-on guidance per MPM
1611-010, MPM 1616-040, and MPM 1616-050. NPC is standing by to
address each specific case and will authorize entitlements based on
current location and situation.
7.b. For Navy service members and/or dependents who have already
initiated PCS travel, detaching and gaining commands shall make
every effort to contact those service members to advise them of the
requirements of this message. The service member should contact
their detailer directly and each case will be evaluated by NPC on a
case by case basis. Commands are directed to contact NPC for
follow-on guidance per MPM 1611-010, MPM 1616-040 and MPM 1616-050.
Per MPM 1320-308, members traveling under orders are considered to
be attached to the gaining command.
7.c. Commanders should contact their ISIC to discuss impacts on
manning resulting from this PCS orders ex*****on guidance. ISICs
should discuss manning impacts with their respective Type Commander
N1, officer and enlisted community detailers, and placement
coordinator (PERS 4013).
7.d. For new accession Navy service members in the accession
training pipeline, (e.g. Recruit Training Command and A and C
Schools) who refuse the vaccine and do not have a pending exemption
request, Commanders will immediately interrupt their training, place
them in an Interrupted Instruction (II) status and hold them at
current activity.
7.e. For new accession Navy service members in the accession
training pipeline, (e.g. Recruit Training Command and A and C
Schools) who have a pending exemption request, Commanders will
continue their accession level training (including transfer between
schools), but will not transfer them to their ultimate assignment
until adjudication of their exemption request. Once complete with
all available accession level training, Commanders will place the
service member in an Interrupted Instruction (II) status and hold
them at current activity until the exemption request is adjudicated.
8. Bonuses, Special Pays and Incentive Pays. Navy service members
refusing the vaccine may not enter into any new agreements for
bonuses, special pays, or incentive pays and any unearned portion of
current bonuses, special pays and incentive pays will be recouped in
accordance with references (r) through (u). Examples include, but
are not limited to, the following: career retention bonuses,
enlistment bonuses and incentive pays (such as flight pay).
Bonuses, special pays and incentive pays become unearned when a Navy
service member refusing the vaccine is no longer performing duties
for which they are receiving such a bonus, special pay, or incentive
pay (i.e. removed from assignment).
8.a. Bonuses, special pays and incentive pays become unearned as
soon as one of the following criteria is met:
8.a.(1). Removed from the assignment.
8.a.(2). Associated NEC/AQD/warfare qualification is removed.
8.a.(3). Separated.
8.b. Actions required by Commanders with regard to special and
incentive pays.
8.b.(1). For assignment or incentive pays, if a Navy service member
is removed from an assignment, the Commander shall notify the office
responsible for any special and incentive pays of the change of
assignment. For Assignment Incentive Pay (AIP), notify PERS-40DD
via email at *Mill_aip(at)navy.mil*. For Special Duty Incentive Pay
notify PERS-40DD via email at *Mill_sdip(at)navy.mil*. For Special
Duty Assignment Pay, notify the servicing Personnel Support
Detachment/Transaction Support Center and the rating detailer.
8.b.(2). For bonuses, if a Navy service member is removed from an
assignment and is no longer eligible for a bonus, notify the office
responsible for that bonus. For Selective Reenlistment Bonuses,
notify OPNAV (N130) via email at *nxag_N130D(at)navy.mil*.
8.b.(3). Upon removal from an assignment, Commanders will ensure
the NAVPERS 1070/613 specifically written for Navy service members
refusing the vaccine is completed and saved in the service members
electronic service record. This NAVPERs 1070/613 can be found at
*https://www.mnp.navy.mil/group/navy-covid-19-reporting*.
9. Education. Navy service members refusing the vaccine are not
eligible to continue Navy education opportunities and those who fail
to complete a service obligation incurred for participating in Navy
funded full-time, part-time, or off-duty education programs per
OPNAVINST 1520.23C will be required to reimburse the cost of the
education received, prorated for the obligated time served.
9.a. Institutional Education. Navy service members refusing the
vaccine who incurred a service obligation for an education benefit
(e.g. USNA, ROTC, Naval Postgraduate School, Health Professional
Scholarship Program or in-residence Professional Military Education),
will have any unearned portion of that education benefit recouped if
separated before completing the service obligation. Navy service
members refusing the vaccine (as defined in para. 3) currently
enrolled in such an education program will be dis-enrolled from
their program as soon as feasible and held at their institution or
command pending administrative separation. Note: Current USNA and
ROTC Midshipmen will be adjudicated by governing instructions as
discussed in para. 3.a.
9.b. Tuition Assistance (TA). Navy service members refusing the
vaccine are ineligible to receive TA. Commanders must withdraw
command approval for any TA courses not yet convened. Commanders
will direct withdrawal from TA courses which have convened and
require proof of withdrawal. Navy service members will be
responsible for reimbursing the Navy for the amount listed on the TA
Authorization Voucher. Officers administratively separated prior to
completing the statutory two year obligation for receipt of TA will
incur a debt.
9.c. SkillBridge. Navy service members refusing the vaccine are
not eligible to participate in the SkillBridge program. Commanders
will immediately remove SkillBridge approval and recall Navy service
members refusing the vaccine as indicated below.
9.c.(1). Navy service members assigned to commands in the
Continental United States (CONUS) will return to their permanent
duty station at their own cost within five days of recall order. If
the command is deployed or underway, Sailors will report to the
Transient Personnel Detachment in their home port.
9.c.(2). Navy service members assigned to commands outside the
Continental United States (OCONUS) will report to the nearest CONUS
Transient Personnel Detachment at their own cost as directed by
their command within five days of recall order.
9.d. Navy Credentialing Opportunities Online (COOL). Navy service
members refusing the vaccine are not eligible for Navy COOL funding
for examinations or related credentialing fees. Commanders will
withdraw approval of unexecuted vouchers and withhold future voucher
approval for Navy service members refusing the vaccine.
10. Navy Training. In cases where there is a clearly defined
service obligation that is not met, the cost of Navy training will
be recouped, prorated to the obligated time served. Additionally,
each case of a Navy service member refusing the vaccine will be
evaluated for recoupment of training costs based on individual
circumstances such as total cost, service obligation, and the Navys
realized return on investment for training received.
11. Reenlistments and Extensions. Navy service members refusing
the vaccine are not eligible for re-enlistment, and may not extend
their enlistment. If a Navy service member refusing the vaccine has
entered into an extension agreement that is not yet operative (has
not yet taken effect), Commanders must cancel these agreements to
extend enlistment. The inoperative extension can be cancelled by
the personnel office by completing the cancellation section of
NAVPERS 1070/621 or NAVPERS 1070/622 and processing the
corresponding NSIPS event per MPM 1160-040.
12. Promotion and Advancement. Navy service members refusing the
vaccine who are in a frocked status should be defrocked as soon as
feasible (officers per SECNAVINST 1420.2B, enlisted per BUPERSINST
1430.16G). Spot promoted officers refusing the vaccine should be
replaced as soon as feasible. Once removed from the applicable spot
promote billet, the command should contact the members detailer and
PERS-806 to remove the spot promotion.
12.a. Officer Promotion Delay. Commanders shall delay the
promotion of any officer refusing the vaccine and shall submit a
NAVPERS 1070/13 to *NPC_promotionwithholds.fct(at)navy.mil* stating
the members promotion is delayed due to COVID-19 vaccine refusal
(per SECNAVINST 1420.3 or SECNAVINST 1412.6M). Delays shall be
based upon pending administrative action and physical qualification.
Navy Personnel Command will make formal written notice to the
officer following notification from the Commander. A NAVPERS
1070/613 specifically written for Navy service members who refuse
the COVID-19 vaccine is located at
*https://www.mnp.navy.mil/group/navy-covid-19-reporting* for
Commanders use.
12.b. Enlisted Advancement Withhold. Commanders shall withhold the
advancements of any enlisted member refusing the vaccine, to include
preventing automatic Time-In-Rate advancements for E-2/E-3 and
advancement for any Sailors in a frocked status for paygrades E-3
through E-9.
12.c. Enlisted Advancement Withdrawal. The date of the special
adverse evaluation from paragraph 6.b. above constitutes a permanent
withdrawal of advancement recommendation effective as of the date of
the reporting seniors signature. An example NAVPERS 1070/13 for
enlisted members pending advancement is available in BUPERSINST
1430.16G, Chapter 7.
13. Community sponsor flag officers are authorized to make
determinations within their communities regarding removal of warfare
qualifications, additional qualification designations (AQD), Navy
Enlisted Classifications (NEC), or sub-specialties for Navy service
members refusing the vaccine. Any decision to remove warfare
qualifications, AQDs, NECs, or sub-specialties shall be consistent
with current community policies and normal practices for Navy
service members who do not maintain deployability or individual
readiness through their own actions. These decisions, when based
solely on refusing the vaccine, must be administrative in nature
rather than punitive.
14. If in doubt as to how to adjudicate issues related to a Navy
service member refusing the vaccine, Commanders should seek guidance
from their chain of command, their staff judge advocate, and/or the
CCDA before acting. In all cases, Commanders are accountable to
ensure the health and safety of their command while treating every
Navy service member with dignity and respect.
15. Points of contact.
My Navy Career Center: 833-330-6622, *askmncc(at)navy.mil*.
Retirements and Separations (PERS-8): *MILL_Pers-8(at)navy.mil*,
(901) 874-3264.
Bonus Programs, Special and Incentive Pays (OPNAV N130D):
*nxag_n130d(at)navy.mil*.
Enlisted Force Plans and Policy (OPNAV N132):
*NXAG_N132C(AT)navy.mil*.
OPNAV POC: CAPT Jason Grizzle, *ALTN_N1_NAVY_SCR.FCT(AT)NAVY.MIL*.
16. Released by VADM John B. Nowell, Jr, COVID Consolidated
Disposition Authority.
