ADMINISTRATIVE ABSENCE OR FUNDED TRAVEL FOR NON-COVERED REPRODUCTIVE HEALTH CARE

[Tony]

CLASSIFICATION: UNCLASSIFIED//
ROUTINE
R 271617Z FEB 23 MID200080757107U
FM SECNAV WASHINGTON DC
TO ALNAV
INFO SECNAV WASHINGTON DC
CNO WASHINGTON DC
CMC WASHINGTON DC
BT
UNCLAS
 
ALNAV 018/23

MSGID/GENADMIN/SECNAV WASHINGTON DC/-/FEB//

SUBJ/ADMINISTRATIVE ABSENCE OR FUNDED TRAVEL FOR NON-COVERED REPRODUCTIVE 
HEALTH CARE//

REF/A/SECDEF MEMORANDUM/20OCT22//
REF/B/ALNAV 071/22//
REF/C/USD-PR MEMORANDUM/16FEB23//
REF/D/DODI 1327.06/15JAN21
REF/E/JOINT TRAVEL REGULATIONS//
REF/F/SECNAVINST 1000.10B/16JAN19//
REF/G/OPNAVINST 6000.1D/12MAR18//
REF/H/MCO 5000.12F CH-1/10MAR21//

NARR/REF A IS GUIDANCE FROM THE SECRETARY OF DEFENSE ENTITLED, "ENSURING 
ACCESS TO REPRODUCTIVE HEALTH CARE."   
REF B IS ALNAV ENTITLED "REPRODUCTIVE HEALTH SERVICES AND SUPPORT."   
REF C IS UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS GUIDANCE 
ENTITLED "ADMINISTRATIVE ABSENCE FOR NON-COVERED REPRODUCTIVE HEALTH CARE."  
REF D IS DOD INSTRUCTION 1327.06 ENTITLED "LEAVE AND LIBERTY PROCEDURES."  
REF E IS JOINT TRAVEL REGULATIONS.
REF F REF F IS SECNAV INSTRUCTION ENTITLED "DEPARTMENT OF THE NAVY POLICY ON 
PARENTHOOD AND PREGNANCY."   
REF G OPNAV INSTRUCTION ENTITLED "NAVY GUIDELINES CONCERNING PREGNANCY AND 
PARENTHOOD."   
REF H IS MARINE CORPS ORDER ENTITLED "MARINE CORPS POLICY CONCERNING 
PARENTHOOD AND PREGNANCY."//

RMKS/1.  The Department of the Navy (DON) is committed to ensuring the 
health, safety, and well-being of those who serve our country, and their 
families in an environment of safety, privacy, and respect.  Our Sailors, 
Marines, and their families are often required to travel or relocate their 
households to meet our staffing, operational, and training requirements.  
Such relocations should not limit their access to reproductive health care.  
References (a) and (b) announced the intent to establish policies allowing 
Service Members authorization to either an administrative absence to obtain 
non-covered reproductive health care or provided travel and transportation 
allowances to facilitate official travel to access non-covered reproductive 
health care that is unavailable within the local area of a Service Member's 
permanent duty station.

2.  It is the responsibility of the commanding officer (CO) or approval 
authorities to meet operational requirements and protect the health and 
safety of those in their care.  COs or approval authorities are expected to 
continue to display objectivity, compassion, and discretion when addressing 
all health care matters, including reproductive health care matters, and have 
a duty to enforce existing policies against discrimination and retaliation in 
the context of reproductive health care choices.

3.  Consistent with existing law and Department policy, COs will protect the 
privacy of protected health information received under this policy, as they 
should with any other protected health information.  Such health care 
information shall be restricted to personnel with a specific need to know; 
that is, access to the information must be necessary for the conduct of 
official duties.  Personnel shall also be accountable for safeguarding this 
health care information consistent with existing law and Departmental policy.

4.  Administrative absence to obtain non-covered reproductive health care.
    a.  Reference (c) authorizes the expanded use of administrative absence 
to include the ability for a Sailor or Marine to request administrative 
absence from their duties at their normal duty station for non-covered 
reproductive health care without loss of pay or being charged leave, thus 
ensuring access to lawfully available non-covered reproductive health care 
regardless of duty station.  Reference (d) will be updated to reflect this 
change.
    b.  Eligibility.  Active duty Service Members, including Reserve 
Component members when on active duty orders for 30 or more consecutive days, 
may be granted an administrative absence to receive, or to accompany a dual-
military spouse or a dependent who receives, non-covered reproductive health 
care as defined in paragraph 6.  This administrative absence should be 
granted whether or not such care is available within the local area of the 
eligible Service Member's duty location as defined in reference (e), section 
0206, "Travel In and Around the Permanent Duty Station (PDS)," or whether the 
dual-military spouse or dependent resides with, or are geographically 
separated from, the eligible Service Member.
   c.  Duration.  The administrative absence may be granted for a period up 
to
21 days per request.  The period of absence will be limited to the minimum 
number of days essential to receive the required care and travel needed to 
access the care by the most expeditious means of transportation practicable.  
COs will limit health information required to the minimum amount necessary to 
ensure eligibility and be reasonably sure the duration of the time authorized 
meets this criteria.  Should a Service Member or dependent decide not to 
proceed with the non-covered reproductive care, the DON will not charge the 
time away as leave and the member should expeditiously return to the unit.
    d.  Approval Guidance.  COs or approval authorities should grant an 
administrative absence to eligible Sailors and Marines when a non-covered 
reproductive health care need is identified by the eligible Service Member.  
Requests for administrative absence should be given all due consideration and 
should be granted to the greatest extent practicable, unless, in the CO's 
judgment, the Service Member's absence would impair proper execution of the 
military mission.  If the CO denies the request, the Sailor or Marine may 
appeal the request to the next level of leadership.
        (1)  It is essential that COs or approval authorities act promptly 
and with appropriate discretion when considering a Service Member's request 
for an administrative absence to obtain non-covered reproductive health care, 
with due regard to the time-sensitive nature of many non-covered reproductive 
health care services.  To the greatest extent practicable, delay in granting 
an administrative absence should not result in an eligible Service Member 
being unable to access the non-covered reproductive health care that served 
as the basis for the administrative absence request.
        (2)  In considering the mission impact of a Service Member's request 
for an administrative absence for non-covered reproductive health care - for 
example, where recurring care may be necessary over a period of time - COs or 
approval authorities should coordinate with the eligible Service Member to 
balance operational requirements and the reproductive health care schedule.
        (3)  COs or approval authorities will not levy additional 
requirements on the eligible Service Member (including, but not limited to, 
consultations with a mental health provider or a chaplain, medical testing, 
or other forms of
counseling) prior to approving or denying the administrative absence request.
        (4)  Eligible Service Members shall not be granted an administrative 
absence if their intention is to sell, to offer for sale, or to receive 
proceeds from a sale resulting from an Assisted Reproductive Technology (ART) 
procedure while on, or in connection with taking, such absence (including, 
but not limited to, selling eggs, embryos, sperm, or services as a 
surrogate).
    e.  Convalescent Leave.  COs or approval authorities may also grant a 
Service Member convalescent leave, as permitted under reference (d), 
following receipt of non-covered reproductive health care based on a 
recommendation from a Department of Defense (DoD) health care provider or a 
non-DoD health care provider from whom the Service Member is receiving care.

5.  Travel allowances
    a.  Eligibility, reimbursement amounts, and procedures for travel 
allowances to obtain non-covered reproductive health care services will be 
provided in reference (e).  This policy does not apply to travel for covered 
procedures, such as when a pregnancy termination is covered because the 
pregnancy was the result of rape or incest, or where the life of the mother 
would be endangered if the fetus were carried to term.
    b.  Travel funding is the responsibility of the command authorizing the 
travel.  Commands must adhere to fiscal regulations and may not authorize 
travel which is not required or for which funding is not available, but all 
levels of leadership are expected to support this policy and prioritize 
available resources accordingly.  If funding is an issue, commands will work 
with their chain of command and budget submitting office to obtain additional 
funds.
    c.  Should a Service Member or dependent decide not to proceed with non -
covered reproductive health care after travel requested in good faith has 
commenced, the DON will not recoup travel funds and the Service Member should 
expeditiously return.

6.  Non-covered reproductive health care consists of lawfully available ART 
and non-covered abortion.
    a.  A covered abortion is an abortion, either medical or surgical, where 
the life of the mother would be endangered if the fetus were carried to term 
or in a case in which the pregnancy is the result of an act of rape or 
incest.
b.  A non-covered abortion is an abortion, either medical or surgical, that 
is not a covered abortion.
c.  ART consists of only the following:
        (1)  Ovarian stimulation and egg retrieval, including any needed 
medications and procedures required for retrieval, processing, and 
utilization for ART or cryopreservation.
        (2)  Sperm collection and processing for ART or cryopreservation.
        (3)  Intrauterine insemination (IUI).
        (4)  In vitro fertilization (IVF) inclusive of the following 
procedures for beneficiaries when clinically indicated.
             (a) IVF with fresh embryo transfer.
             (b) Gamete intrafallopian transfer (GIFT).
             (c) Zygote intrafallopian transfer (ZIFT).
             (d) Pronuclear stage tubal transfer (PROST).
             (e) Tubal embryo transfer (TET).
             (f) Frozen embryo transfer.

7.  Tracking Mechanisms.  The DON will be tasked to report cost and usage of 
the administrative absence and funded travel policies authorized by reference 
(c), changes to reference (e), and this ALNAV.
    a.  The tracking requirements in this message apply to DON organizations 
and Service Members assigned to DON organizations.  The cost and usage by 
Sailors and Marines assigned to organizations in other DoD components will be 
tracked using the mechanisms established by those components.
    b.  The Navy and Marine Corps are directed to provide plans to track days 
used for administrative absence to the Office of the Assistant Secretary of 
the Navy (Manpower and Reserve Affairs (ASN (M&A)) by 27 March 2023.  The 
number of days used will be reported by the Service of the member, regardless 
of whether assigned to a Navy or Marine unit.  Reports will include no 
Personally Identifiable Information (PII) or Health Insurance Portability and 
Accountability Act (HIPAA) information and will not disclose the type of non 
-covered reproductive health care.
        (1)  The Navy will be responsible for reporting use by Sailors, 
regardless of whether assigned to a Navy or Marine Corps unit.
        (2)  The Marine Corps will be responsible for reporting use by 
Marines, regardless of whether assigned to a Navy or Marine Corps unit.
    c.  The Navy and Marine Corps are directed to provide their plans to 
track cost and usage of travel and transportation allowances to the Office of 
the ASN (M&RA) by 27 March 2023.
        (1)  The Marine Corps will be responsible for reporting usage by 
Service Members whose travel was funded by Marine Corps commands, regardless 
of the branch of the Service Member.
        (2)  The Navy will be responsible for reporting usage by Service 
members whose travel was funded by Navy commands, regardless of the branch of 
the Service Member.
        (3)  The reports will not include PII or HIPAA information.  The 
reports will not specify whether the travel was for ART or a non-covered 
abortion.
        (4)  The Navy and Marine Corps will be responsible for tracking and 
reporting the following information for each TDY period authorized:
             (a)  Command name.
             (b)  Branch of the Service Member (e.g., Navy, Marine Corps).
             (c)  Fiscal quarter in which the travel completed.
             (d)  Number of travel days used by the Service Member.  Note 
that the days authorized or used by a dependent on the same trip may be more 
or less than this amount.  Days of travel by non-Service Members are not 
required to be reported.
             (e)  Total cost.  A single cost is to be provided for the entire 
trip and inclusive of all authorized travelers.  Do not break down costs by 
traveler or by any other basis.  Provide the actual cost of the trip after 
travel claims are completed.

8.  References (f) through (h) will be updated to conform with this policy.

9.  I encourage you to visit the Navy and Marine Corps Public Health 
Center's, "Women's Health Toolbox," at https://www.med.navy.mil/Navy-Marine-
Corps-Public-Health-Center/Womens-Health/ for additional information and 
resources on myriad women's health issues.  Additional information on these 
policies can also be found at 
http://www.health.mil/ensuringaccesstoreproductivehealth.

10.  Rest assured that the DON's work to implement the DoD's new policy is a 
priority.  I expect cooperation from leaders across the Navy and Marine Corps 
to ensure appropriate input and efficient implementation of this new policy.

11.  Released by the Honorable Carlos Del Toro, Secretary of the Navy.//

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CLASSIFICATION: UNCLASSIFIED//