Policy Guidance for Activated Reservists (IRR/IMA/SMCR) and Retirees Who Have Incurred or Aggravated Medical Conditions While on Active Duty
This MARADMIN provides comprehensive policy guidance for activated Reserve and retired Marines (IRR/IMA/SMCR) who incur or aggravate medical conditions while on active duty. It establishes procedures for medical evaluations, extensions of active duty for medical treatment, disability evaluation processes, and outlines the roles of medical authorities and commands in managing these cases. The guidance ensures activated Marines receive proper medical care and benefits, including Notice of Eligibility (NOE) benefits and TRICARE coverage through the Transitional Assistance Medical Program (TAMP).
Issued: June 15, 2004
1. PURPOSE. THIS MARADMIN PROVIDES CLARIFICATION ON REFS A THRU G AND AMPLIFYING GUIDANCE AS IT RELATES TO ACTIVATED MARINES, RESERVE AND RETIRED, WHO HAVE INCURRED OR AGGRAVATED MEDICAL CONDITIONS SUBSEQUENT TO BEING ACTIVATED. BUPERS SENIOR MEDICAL OFFICER (SMO BUPERS) IS THE SOLE AUTHORITY FOR GRANTING EXTENSIONS OR RETAINING ON ACTIVE DUTY THOSE MARINES REQUIRING FURTHER MEDICAL OR DENTAL TREATMENT. 2. DEFINITIONS. A. LIGHT DUTY. A DUTY STATUS THAT A MARINE MAY BE ASSIGNED FOR A PERIOD UP TO 30 DAYS, WHEN COMPETENT MEDICAL AUTHORITY (PHYSICIAN) DETERMINES THAT A MEDICAL CONDITION EXISTS AND INTERFERES WITH THE PERFORMANCE OF DUTY. A MARINE MAY BE RECOMMENDED FOR LIGHT DUTY IF EXPECTED TO RETURN TO FULL DUTY WITHIN 30 DAYS. B. TEMPORARY LIMITED DUTY (TLD). A SPECIFIED PERIOD OF LIMITED DUTY, NORMALLY UP TO 8 MONTHS, RECOMMENDED BY A MEDICAL EVALUATION BOARD (MEB), OR A QUALIFIED MILITARY DOCTOR WHEN THE PROGNOSIS IS THAT THE MARINE CAN BE RESTORED TO FULL DUTY WITHIN THE SPECIFIED PERIOD, NO LONGER THAN 8 MONTHS. C. MEDICAL HOLD. CONVENIENCE OF THE GOVERNMENT MEDICAL (COFGM) HOLD IS A TEMPORARY STATUS IN WHICH A MARINE IS PLACED WHEN REQUIRED TO REMAIN ON ACTIVE DUTY BEYOND THE MARINES EAS/ECC TO COMPLETE MEDICAL TREATMENT, OR PREPARE FOR A MEB OR PHYSICAL EVALUATION BOARD (PEB). MARINES ARE PLACED ON MEDICAL HOLD IAW PAR 30305 OF REF A. D. MEDICAL EVALUATION BOARD (MEB). AN EVALUATION BOARD CONVENED AT A MILITARY TREATMENT FACILITY (MTF) TO REPORT ON: A MARINES DIAGNOSIS; PROGNOSIS; FOR RETURN TO DUTY; PLAN FOR TREATMENT; AND, MEDICAL RECOMMENDATIONS. A MEB OR A PHYSICIANS DISPOSITON MUST BE CONDUCTED OR RENDERED WITHIN 60 DAYS OF THE MARINE BEING PLACED IN A LIGHT DUTY STATUS. UNDER NO CIRCUMSTANCES CAN A MARINE REMAIN IN A LIGHT DUTY STATUS GREATER THAN 60 DAYS WITHOUT INITIATING A MEB. E. PHYSICAL EVALUATION BOARD (PEB). ESTABLISHED TO ACT ON BEHALF OF THE SECRETARY OF THE NAVY (SECNAV) TO MAKE DETERMINATIONS OF FITNESS TO CONTINUE NAVAL SERVICE, ENTITLEMENT TO BENEFITS, DISABILITY RATINGS, AND FINAL DISPOSITION OF MARINES REFERRED FOR DISABILITY EVALUATION. SMO BUPERS MUST BE INFORMED OF A MARINE'S STATUS PRIOR TO THE SCHEDULING OF A MEB/PEB. F. PHYSICAL DISABILITY. ANY IMPAIRMENT DUE TO DISEASE OR INJURY, REGARDLESS OF DEGREE, WHICH REDUCES A MARINE'S ABILITY TO PERFORM ASSIGNED DUTIES. THE TERM PHYSICAL DISABILITY INCLUDES MENTAL DISEASE, BUT NOT SUCH INHERENT CONDITIONS AS BEHAVIORAL DISORDERS, PERSONALITY DISORDERS, AND PRIMARY MENTAL DEFICIENCY. G. UNFIT. A FINDING BY THE PEB, THAT A MARINE IS UNFIT TO CONTINUE ACTIVE SERVICE BASED ON EVIDENCE WHICH ESTABLISHES THAT THE MARINE IS UNABLE TO PERFORM ASSIGNED DUTIES, TO INCLUDE ALL RESERVE OBLIGATIONS. H. FIT. A FINDING BY THE PEB, THAT A MARINE IS ABLE TO PERFORM ALL DUTIES REQUISITE TO THE BILLET ASSIGNMENT WITHOUT PHYSICAL IMPAIRMENT. I. DISABILITY EVALUATION SYSTEM (DES). A SYSTEM ESTABLISHED TO CONDUCT PHYSICAL DISABILITY EVALUATIONS IN A CONSISTENT AND TIMELY MANNER. 3. THE FOLLOWING GUIDANCE IS PROVIDED WHEN AN ACTIVATED MARINE BECOMES SICK, INJURED, OR AGGRAVATES AN EXISTING MEDICAL CONDITION. WHEN THE MARINE REPORTS TO THE LOCAL MTF FOR SCREENING, THE PHYSICIAN HAS THREE OPTIONS: A. RETURN THE MARINE TO FULL DUTY UPON INITIAL EXAMINATION; B. RECOMMEND ASSIGNMENT TO LIGHT DUTY IF THE PHYSICIAN ANTICIPATES THAT THE MARINE WILL RETURN TO FULL DUTY WITHIN 30 DAYS; OR, C. DETERMINE IF THE MARINE WILL NOT BE ABLE TO RETURN TO FULL DUTY WITHIN 30 DAYS AND INITIATE A MEB (SEE REF E) FOR ASSIGNMENT OF TLD AND/OR REFERRAL TO THE PEB FOR DISPOSITION. THE MTF WILL PROVIDE NOTIFICATION OF THE MARINE'S MEDICAL STATUS TO THE CMC (MPP-60) OR MARFORRES, GAINING FORCE COMMAND (GFC), AND PARENT COMMAND. D. MARINES ACTIVATED FOR A PERIOD OF MORE THAN 30 DAYS SHALL BE TREATED IN THE SAME MANNER AS ACTIVE COMPONENT MARINES. THEY WILL BE RETAINED ON ACTIVE DUTY UNTIL THEY ARE FIT FOR DUTY, OR HAD THEIR MEDICAL STATUS REVIEWED BY THE SMO BUPERS FOR DISPOSITION (EXTENDED FOR MEDICAL TREATEMENT, RELEASED AND RECOMMENDED FOR DRILLING NOTICE OF ELIGIBILITY (NOE) BENEFITS AND/OR PROCESSED THROUGH THE DES AS STATED IN REFS B THROUGH D. 4. WHEN A MARINE'S MEDICAL STATUS CHANGES TO OTHER THAN "FULL DUTY," THE MARINE'S COMMAND WILL ENTER IN MCTFS A DUTY LIMITATION CODE OF "Q" (TTC 157 006). WHEN A MARINE IS PLACED ON LIMITED DUTY OR ANY OTHER STATUS THAT RENDERS THE MARINE UNFIT FOR FULL DUTY: A. A STATEMENT FROM THE ATTENDING PHYSICIAN WILL BE THE SOURCE DOCUMENT FOR THIS ENTRY. THE DATE "Q" IS ENTERED INTO MCTFS IS RECORDED AS THE "FROM" DATE. IF THE MARINE IS SUBSEQUENTLY FOUND FIT FOR DUTY PRIOR TO THE TERMINATION DATE OF HIS OR HER ACTIVATION ORDERS (EAS/ECC), THE MARINE'S COMMAND WILL ENTER IN MCTFS A DUTY LIMITATION CODE OF "0" (TTC 157 005). THE "TO" DATE WILL RECORD IN MCTFS THE DATE THE MARINE WAS FOUND MEDICALLY FIT FOR DUTY. B. THE GFC WILL ENSURE THAT THE MCTFS AND IAMMS ARE UPDATED TO PROPERLY REFLECT THOSE MARINES IN MEDICAL STATUS, TO INCLUDE THE MOB STATUS CODE. C. ONLY WHEN A MARINE IS HELD BEYOND THE ORIGINAL TERMINATION DATE OF HIS/HER ORDERS (EAS/ECC) WILL THE COFGM ENTRY BE REPORTED ON THE UNIT DIARY. 5. MARINES HAVING INCURRED OR AGGRAVATED A MEDICAL CONDITION WHILE ACTIVATED MAY ELECT DEACTIVATION, UPON REACHING THEIR EAS/ECC. IMMEDIATELY FOLLOWING THE MARINE'S DEACTIVATION, THE COMMAND (CG MOBCOM FOR IRR/IMA AND RTC FOR SMCR) WILL SUBMIT THE MARINE'S REQUEST FOR NOE BENEFITS, THROUGH THE MARINE CORPS MEDICAL ENTITLEMENTS DETERMINATION SYSTEM (MCMEDS), FOR FOLLOW-ON CARE IF NECESSARY. TO INSURE CONTINUITY OF CARE, IT IS IMPERATIVE THAT THE DEPLOYMENT PROCESSING CENTER (DPC) COORDINATE CLOSELY WITH THE MOBILIZATION COMMAND (MOBCOM) FOR IRR AND IMA MARINES AND RESERVE TRAINING CENTER (RTC) COORDINATE CLOSELY FOR SMCR MARINES WHEN AN ACTIVATED MARINE IS RECOMMENDED FOR DRILLING NOE BENEFITS. TIMELY REPORTING OF UNIT DIARY ENTRIES AND IMMEDIATE SUBMISSION OF NOE REQUESTS IN MCMEDS IS IMPERATIVE. ADDITIONALY, THE MARINE CAN APPLY FOR TRICARE COVERAGE OFFERED UNDER THE TRANSITIONAL ASSISTANCE MEDICAL PROGRAM (TAMP). TAMP BENEFITS HAVE BEEN INCREASED TO 180 DAYS FOR THOSE MARINES ACTIVATED IN SUPPORT OF A CONTINGENCY OPERATION. THE PERIOD OF COVERAGE BEGINS ON THE MARINE'S DEACTIVATION DATE. UNLESS EXTENDED BY LAW, THE PERIOD FOR TRANSITIONAL HEALTH CARE BENEFITS WILL REVERT BACK TO THE STANDARD 60 OR 120 DAYS BEGINNING ON 1 JAN 2005. 6. EXTENSION OF IRR/IMA MARINES. A. TO REQUEST AN EXTENSION OF AN IRR/IMA MARINES ORDERS FOR THE PURPOSES OF MED HOLD, THE LIMITED DUTY COORDINATOR AT THE GFC, MUST SUBMIT A COMPLETED "SMO BUPERS MEDICAL EXTENSION CHECKLIST" AND FAX IT TO SMO BUPERS AT (202) 762-3490, ENSURING THE MARINE SIGNS THE PRIVACY ACT STATEMENT. SMO BUPERS WILL MAKE A RECOMMENDATION BASED UPON THE MEDICAL EVALUATION OF THE MARINE. BASED ON THIS GUIDANCE, CMC (MPP-60) WILL PROCESS THE RECOMMENDATION. B. TO REQUEST AN EXTENSION FOR SMCR PERSONNEL FOR THE PURPOSES OF MED HOLD, THE GFC (FOR MARINES ATTACHED TO THE GFC) OR RTC (FOR MARINES AT THE RTC) MUST SUBMIT A COMPLETED "SMO BUPERS MEDICAL EXTENSION CHECKLIST" AND FAX IT TO SMO BUPERS AT (202) 762-3490, ENSURING THE MARINE SIGNS THE PRIVACY ACT STATEMENT. SMO BUPERS WILL MAKE A RECOMMENDATION BASED UPON THE MEDICAL EVALUATION OF THE MARINE. BASED UPON THE SMO'S RECOMMENDATION, ORDERS MODIFICATIONS FOR MED HOLD PURPOSES WILL BE COORDINATED BETWEEN THE GFC AND THE PARENT SMCR UNIT ORIGINALLY INITIATING THE ACTIVATION ORDERS. EXTENSIONS ARE REQUIRED TO ENSURE THAT THE MARINE'S ENTITLEMENTS REMAIN IN EFFECT. SMCR UNITS OBTAIN A COPY OF THE "SMO BUPERS MEDICAL EXTENSION CHECKLIST" DIRECTLY FROM SMO BUPERS. C. BUPERS IS THE SOLE AUTHORITY FOR GRANTING EXTENSIONS (SEE REF C) FOR MED HOLD PURPOSES. D. UPON THE RECOMMENDATION OF SMO BUPERS TO EXTEND THE MARINE, THE MARINE MUST SIGN THE FOLLOWING PG 11 ENTRY: "(DATE), I AGREE TO REMAIN ON ACTIVE DUTY BEYOND MY EAS/ECC IN A MEDICAL HOLD STATUS TO RECEIVE CARE FOR AN INJURY/ILLNESS I INCURRED/AGGRAVATED WHILE ON ACTIVE DUTY" PER REF C. THE MARINE WILL BE COUNSELED PER REF E. THE MARINE'S MEDICAL CONDITION MUST BE FULLY DOCUMENTED IN HIS OR HER MEDICAL RECORD PRIOR TO RELEASE FROM ACTIVE DUTY. MARINES MAY REQUEST AN EXTENSION FROM THE CAREER MANAGEMENT TEAM (CMT) AT RESERVE AFFAIRS TO BE PLACED ON MEDICAL HOLD BEYOND THE EAS/ECC. 7. IF THE PHYSICIAN RECOMMENDS ASSIGNMENT TO LIGHT DUTY AND THE COMMAND CONCURS, THE PHYSICIAN MAY SUBSEQUENTLY RETURN THE MARINE TO FULL DUTY AT ANY TIME WHILE ASSIGNED TO LIGHT DUTY; OR DETERMINE THAT THE SITUATION HAS NOT IMPROVED; OR HAS BEEN AGGRAVATED; AND, THAT A MEB IS REQUIRED FOR EITHER TLD OR REFERRAL TO THE PEB FOR FITNESS FOR DUTY DETERMINATION. IF, AT ANY TIME DURING THE PROCESS, THE PHYSICIAN DETERMINES THAT A MEB IS REQUIRED, ONE WILL BE INITIATED. THE SMO BUPERS MUST BE CONTACTED TO RENDER A DISPOSITION. SUBMIT A COMPLETED "SMO BUMED EXTENSION REQUEST CHECKLIST AS DIRECTED ABOVE. OFFICIAL FINDINGS OF THE MEB PROCESS ARE LISTED BELOW: A. RETURN MARINE TO FULL DUTY. B. RECOMMEND A PERIOD OF TLD. C. FORWARD TO PEB. 8. THE MTF IS AUTHORIZED TO APPROVE UP TO AN INITIAL 8 MONTHS OF TLD FOR ENLISTED MARINES ONLY, BASED UPON THE EVALUATION OF THE INFORMATION SUBMITTED TO SMO BUPERS. MEBS THAT RECOMMEND SUBSEQUENT PERIODS OF TLD, OR INITIAL PERIODS OF TLD GREATER THAN 8 MONTHS FOR ENLISTED MARINES MUST BE FORWARDED TO SMO BUPERS. IN ALL CASES, A MEB MUST BE COMPLETED OR THE SNM STATUS MUST BE REVIEWED BY THE SMO BUPERS IF A MARINE IS NOT IN A FULL DUTY STATUS FOR A PERIOD OF 60 OR MORE CONSECUTIVE DAYS. UNDER NO CIRCUMSTANCES WILL A MARINE BE REMOVED FROM A FULL DUTY STATUS IN EXCESS OF 60 DAYS WITHOUT COMPLETING A MEB. THESE 60 DAYS INCLUDE LIGHT DUTY FOR 30 DAYS AND 30 DAYS FOR THE MTF TO COMPLETE A MEB. 9. UPON REVIEW OF A MEB, THE SMO BUPERS AND CMC (MPP-60) OR MARFORRES MAY: A. APPROVE A PERIOD OF TLD, OR B. ENDORSE AND FORWARD THE MEB TO THE PEB FOR A DETERMINATION OF FITNESS FOR CONTINUED NAVAL SERVICE. 10. WHEN A MEB IS FORWARDED TO THE PEB, THE PEB WILL EITHER FIND THAT THE MARINE IS: A. FIT FOR CONTINUED NAVAL SERVICE, OR B. UNFIT FOR DUTY WITH A RATABLE DISABILITY. LESS THAN 30 PERCENT DISABILITY RATING WITH LESS THAN 20 YEARS ACTIVE SERVICE RESULTS IN A MEDICAL DISCHARGE WITH DISABILITY SEVERANCE PAY. A DISABILITY RATING OF 30 PERCENT OR MORE RESULTS IN A MEDICAL RETIREMENT (TEMPORARY OR PERMANENT) (SEE REF E). C. UNFIT FOR DUTY, BUT NOT RATABLE WITH A DISABILITY PERCENTAGE RATING BECAUSE THE PHYSICAL DISABILITY WAS FOUND TO BE THE RESULT OF INTENTIONAL MISCONDUCT, WILLFUL NEGLECT, INCURRED DURING AN UNAUTHORIZED ABSENCE, OR WAS A CONDITION THAT EXISTED PRIOR TO SERVICE (EPTS). 11. ONCE THE DISABILITY PROCESS IS INITATED, INCLUDING THE COMPLETION OF AUTHORIZED HEARINGS AND PETITIONS FOR RELIEF, THE MARINE IS: A. RETURNED TO FULL DUTY, B. SEPARATED/RETIRED, OR C. AUTHORIZED A PERIOD OF PERMANENT LIMITED DUTY (PLD), PROVIDED THE CRITERIA ARE MET. 12. MARINES PROJECTED TO REACH THEIR RESERVE ECC WHILE ON MED HOLD MUST REQUEST AN EXTENSION VIA THE RELM PROCESS THROUGH THEIR CAREER RETENTION SPECIALIST. REQUESTS WILL BE SUBMITTED IAW PAR 5303.1A OF REF F. REQUESTS WILL BE SUBMITTED NO EARLIER THAN 3 MONTHS PRIOR TO THE MARINES RESERVE EXPIRATION OF CURRENT CONTRACT (RECC). 13. MARINES ON LIGHT DUTY OR TLD MUST MAINTAIN PROPER MILITARY APPEARANCE AND WEIGHT STANDARDS PER THE CURRENT EDITION OF REF G. 14. INDIVIDUAL AUGMENTEE (IA) MARINES MAY BE TRANSFERRED TO THE DPC CLOSEST TO THEIR HOME IF IT IS WITHIN COMMUTING DISTANCE OF A MTF CAPABLE OF PROVIDING THE REQUIRED TREATMENT. THE DECISION TO TRANSFER A MARINE WILL BE MADE BY THE SMO BUPERS AND CMC (MPP-60) AND COORDINATED WITH THE GFC AND DPC. SMCR MARINES CAN BE RELEASED BY THE GFC MTF AND RETURNED TO THE RTC. THE SMCR MARINE MAY THEN REQUEST NOE BENEFITS ONCE RETURNED TO THE RTC. 15. ALL COMMANDS (GFC'S AS WELL AS RTC'S) ARE REQUIRED TO ASSIGN A LIMITED DUTY COOORDINATOR (LDC). LDC'S ARE ESSENTIAL TO A COMMANDER'S ABILITY TO TRACK AND MANAGE MARINES WITH MEDICAL ISSUES AND ALSO PROVIDE A KNOWLEDGEABLE LIAISON BETWEEN MARINE UNITS AND NAVY MEDICAL CARE. EACH UNIT SHOULD IDENTIFY AND EMPLOY A QUALIFIED NCO OR SNCO TO OVERSEE THIS IMPORTANT COLLATERAL DUTY. RESULTS OF PAST INSPECTOR GENERAL (IG) INSPECTIONS IDENTIFY A COMPELLING NEED TO ESTABLISH A LDC AT THE BATTALION/SQUADRON LEVEL. REQUIREMENTS OF THIS COLLATERAL ASSIGNMENT WOULD INCLUDE THE IDENTIFICATION, TRACKING, AND PROPER ADMINISTRATION OF LIGHT DUTY, LIMITED DUTY, AND DISABILITY EVALUATION PROCESSING, PER REF C AND IN CHAP 8 OF REF D. CMC (MPP-60) EXPECTS COMMANDS TO TRACK AND MANAGE THEIR PERSONNEL. CMC (MPP-60) WILL REVIEW THE INTEGRITY OF REPORTS SUBMITTED BY COMMANDS. THE MOST COMMON DEFICIENCIES IDENTIFIED WITH TRACKING AND MANAGEMENT OF ACTIVATED MARINES INCLUDE: A. MARINES NOT IN A FULL DUTY STATUS FOR PERIODS IN EXCESS OF 24 MONTHS WITHOUT REQUIRED MEB DOCUMENTATION; B. MARINES INAPPROPRIATELY HELD IN A COFGM STATUS FOR MONTHS WITHOUT REQUIRED MEB'S; C. MARINES SENT HOME AWAITING FINAL PEB DISPOSITION, PER CHAP 8 OF REF D, WITHOUT PROPER AUTHORITY OR ACCOUNTABILITY; AND, D. MARINES CONTINUING TO RECEIVE PAY AND BENEFITS WHILE HOME AWAITING RESULTS OF PEB WITHOUT PROPER AUTHORIZATION OR ACCOUNTABILITY.