GUIDANCE ON BENEFITS FOR SAME-SEX SPOUSES

RTTUZYUW RUEWMCS0000 2412252-UUUU--RUCRNAD
ZNR UUUUU
R 292252Z AUG 13
FM CNO WASHINGTON DC//N1//
TO NAVADMIN
INFO CNO WASHINGTON DC//N1//
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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.//

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