RTTUZYUW RUEWMCS0000 2412252-UUUU--RUCRNAD ZNR UUUUU R 292252Z AUG 13 FM CNO WASHINGTON DC//N1// TO NAVADMIN INFO CNO WASHINGTON DC//N1// BT UNCLAS//N01740// NAVADMIN 218/13 MSGID/GENADMIN/CNO WASHINGTON DC/N1/AUG// SUBJ/GUIDANCE ON BENEFITS FOR SAME-SEX SPOUSES// REF/A/DOC/SECDEF/11FEB13// REF/B/DOC/SECDEF/13AUG13// REF/C/MSG/CNO WASHINGTON DC/N1/121907ZFEB13// REF/D/MSG/CNO WASHINGTON DC/N1/040155ZJUN13// REF/E/DOC/JFTR/01JUL13// REF/F/DOC/NAVPERS/10NOV09// NARR/REF A IS A SECDEF MEMO EXTENDING BENEFITS TO THE SAME-SEX DOMESTIC PARTNERS OF MILITARY MEMBERS. REF B IS A SECDEF MEMO EXTENDING BENEFITS TO SAME-SEX SPOUSES OF MILITARY MEMBERS AND ELIMINATING DOMESTIC PARTNER BENEFITS ANNOUNCED IN REF A. REF C IS NAVADMIN 024/13 ANNOUNCING MEMBER-DESIGNATED BENEFITS AND GUIDANCE ON BENEFITS FOR SAME-SEX DOMESTIC PARTNERS. REF D IS NAVADMIN 152/13 IMPLEMENTING TRAINING REQUIREMENTS TO EXTEND BENEFITS TO SAME-SEX DOMESTIC PARTNERS. REF E IS APPENDIX A1 OF THE JOINT FEDERAL TRAVEL REGULATIONS. REF F IS MILITARY PERSONNEL MANUAL SECTION 1300-302, SUITABILITY AND SELECTION FOR OVERSEAS SERVICE. RMKS/1. Benefits for Same-Sex Spouses. As a result of the 26 June 2013 Supreme Court decision on the Defense of Marriage Act, ref (b) announced that the Department of Defense (DoD) will work to make the same benefits available to all spouses of military members, to include retirees and reservists, regardless of whether they are in a same-sex or opposite-sex marriage. The DoD will continue to recognize all marriages that are certified with a valid marriage license. DoD ID cards (DD Form 1173) will be made available to same-sex spouses as will all spousal and family benefits NLT 3 September 2013. See paragraph 4 of this message for guidance on the effective date of spousal benefits. 2. Cancellation of the Domestic Partner Declaration. Refs (c) and (d) are hereby cancelled. As the Supreme Court's ruling has made it possible for same-sex couples to marry and be afforded benefits available to any military spouse and family, SECDEF determined that the extension of benefits to same- sex domestic partners of military members is no longer necessary. The Declaration of Domestic Partnership (DD653) for same-sex partners will no longer be implemented. Cancellation of ref (c) does not affect member- designated benefits which will be detailed in a future NAVADMIN. 3. Administrative Absence for Marriage. Ref (b) granted military personnel in same-sex relationships up to 10 days of non-chargeable leave for service members assigned OCONUS and up to 7 days for service members assigned CONUS for the purpose of traveling to a jurisdiction that allows same-sex marriage, if they are stationed more than 100 miles from such a jurisdiction. This policy is being revised by the Office of the Secretary of Defense. Upon receipt of this revised guidance, MILPERSMAN 1050-440 will implement policy details for the administrative absence. 4. Allowances. The earliest effective date for married same-sex couples to receive dependent-based allowances such as basic allowance for housing, overseas housing allowance, family separation allowance and travel and transportation allowances for permanent change of station (PCS) is 26 June 2013 or their date of marriage, whichever is later. Payments of allowances before 26 June 2013 are not authorized. Waiver requests to pay allowances before 26 June 2013 will not be considered. Per ref (e), PCS travel and transportation allowances are authorized for dependents who were married on or before the effective date of current orders (determined in accordance with ref (e)). 5. TRICARE. Healthcare received between 26 June 2013 and 1 October 2013 will be reimbursed using TRICARE Standard/TRICARE for Life benefit since TRICARE does not offer retroactive TRICARE Prime coverage. 1 October 2013 is the first day of the normal TRICARE Prime enrollment cycle for spouses who receive an ID card on or after 3 September 2013. Refer all questions to TRICARE. 6. Married Dual-Military Collocation. Available 3 September 2013 for same- sex married personnel. On 3 September 2013, and thereafter, a collocation request may be considered as with any other married person per Navy policy. 7. Accompanied Overseas Assignment. In accordance with DoD policy, all service members will continue to be eligible for world-wide assignment without consideration of sexual orientation. However, host nation law may impact whether a same-sex spouse can accompany the service member. DoD is working with the Department of State to conduct a careful review of command sponsorship for overseas tours, as well as all applicable host nation laws and Status of Forces Agreements. At this time, because it is unclear whether a same-sex dependent will be recognized by the host nation, the Navy will not authorize an accompanied overseas assignment to a foreign country for a same- sex spouse. Until these issues are resolved, PCS authorization for same-sex spouses who would normally accompany a service member in receipt of OCONUS PCS orders are on hold except for Hawaii, Alaska, Guam, and Puerto Rico, the U.S. Virgin Islands, and U.S. territories and possessions (excluding the former Trust Territories of the Pacific Islands). This is to ensure appropriate legal protections are in place for the service members and their spouses. Until further notice, the commanding officer of the transferring command must make a finding that same-sex spouses are unsuitable for overseas accompanied orders per ref (f). Personnel Support Detachments shall not issue an official passport or plane tickets to a same-sex spouse. As DOD and Navy determine overseas assignment eligibility in different countries for same-sex spouses, updates will be posted on http://www.public.navy.mil /BUPERS-NPC/SUPPORT/21ST_CENTURY_SAILOR/DADT/Pages/default.aspx. 8. DoD ID Cards. Active and reserve uniformed and retired service members will be able to obtain a DoD ID card (DD Form 1173) for their eligible dependents on or after 3 September 2013, upon producing a valid state-issued marriage certificate to a DEERS ID card location. Retirees are encouraged to contact the local Veteran's Administration offices in their area for all other issues. 9. Ombudsmen and Family Readiness Groups (FRG). Per previous Navy Knowledge Online Command Triad training requirement, COs shall meet with their Ombudsman and FRG NLT 15 September 2013 to discuss these changes and ensure respectful and inclusive family support continues to be provided. This is not an additional requirement. Those COs who have already complied are not required to meet with the Ombudsman and FRG a second time. 10. Training Requirements. With the cancellation of ref (d), the training that was underway is cancelled with several exceptions: PERS-4 is providing specific direction to the detailers with regard to overseas assignment; the JAG Corps has executed revised training in accordance with the policy changes in ref (b); and the Chaplain Corps training is being revised and will be required at a future date determined by OPNAV N097. No other training is mandated. Other training desired or required by individual resource sponsors requires OPNAV N1 and OJAG, Code 13 review prior to execution. Contact the POC in paragraph 11 of this message for additional guidance. 11. For commanding officers: Commanders are encouraged to seek guidance from the chain of command or their command legal counsel concerning policy or legal issues. Specific policy guidance issues may be addressed to Captain Janet Bristol, N13 at (703) 604-5002 or via e-mail at janet.bristol(at)navy.mil Additional information can be found on Navy's DADT post repeal website on the Navy Personnel Command homepage at http://www.public.navy.mil/bupers-pc/support/dadt/pages/default.aspx. 12. Released by Vice Admiral W. F. Moran, N1.// BT #0000 NNNN