NAVPERS 15560, ARTICLE 1160 (PART 2) 040-050

Question 1

Uniform Code of Military Justice (UCMJ) and 10 U.S.C. 937 require that certain articles of the Code be carefully explained to each enlisted member when?

Answer 1

At the time of enlistment, After the member has completed 6 months of active duty, member of a Reserve component, after the member has completed basic or recruit training, At the time the member reenlists, and available upon request for the member’s personal examination.

Question 2

At reenlistment, each Service member will have the following NAVPERS 1070/613 entry made in the permanent service record:

Answer 2

“On (date), per UCMJ, article 137; member advised of the required provisions of the UCMJ.”

Question 3

“Agreement to Extend Active Duty” refers to the official form of agreement, NAVPERS 1070/622 (Rev 8-07), Agreement to Recall or Extend Active Duty (MILPERSMAN 1070-260).

Answer 3

“Execution of the Agreement to Extend Enlistment” or “execution of extension date” refers to the signature of an agreement by the member concerned.

Question 4

“Extension becomes operative” or “operative date” refers to the date the extension begins to run, that is, the date after expiration of enlistment.

Answer 4

Valid extension agreements may not be canceled after the operative date.

Question 5

“Retention eligible member” is defined as a member that meets minimum eligibility criteria outlined per MILPERSMAN 1160-030.

Answer 5

Enlisted Active Programs (PERS-811) manages extensions for active duty USN and Full Time Support Sailors.

Question 6

Enlisted Performance and Separations Branch (PERS-832) manages performance and separation matters.

Answer 6

Enlisted Retirement Branch (PERS-823) manages Fleet Reserve, retirement and High Year Tenure (HYT) matters for Active duty USN, and PERS-91 manages SELRES.

Question 7

Extension Increments. Reference (b) allows the term of enlistment to be extended up to 48 months. However, effective Oct 2009, it is Navy policy that all extension agreements are conditional for a specified reason. Extensions shall be executed in monthly increments of 1 to 23 months.

Answer 7

The enlistment contract cannot be extended for more than 24 aggregate months.

Question 8

Extensions greater than 23 months are not authorized.

Answer 8

A maximum of two extension agreements per enlistment contract are authorized.

Question 9

Circumstances Which Make a Sailor Ineligible to Execute an Extension are: a. Sailors in an overmanned rating (by zone), b. Sailors who are not retention eligible or fail to meet the minimum requirements of their rating, c. Sailors whose enlistment has already expired, d. Sailors transferred to a separation activity, e. Sailors in the Individual Ready Reserve (IRR), not in the Active Status pool,

Answer 9

Extension agreements authorized during initial recruit enlistment contracts for 6 Year Obligation (YO) enlistment programs (e.g., Nuclear Power, or Advanced Training programs) do not count against the two extensions authorized per enlistment contract.

Question 10

Extension Reasons: Match Projected Rotation Date (PRD), To obtain maternity care benefits, For a Sailor’s wife, For a pregnant Sailor, To obtain OBLISERV required to execute Permanent Change of Station (PCS) orders,

Answer 10

PRD adjustments should only be requested when the Sailor intends to separate after deployment.

Question 11

A member whose normal EAOS falls within the wife’s pregnancy may execute an extension not to exceed 2 months beyond spouse’s estimated delivery date.

Answer 11

Members may not extend their enlistment more than 29 days beyond their High Year Tenure (HYT) date without specific approval from PERS-823.

Question 12

Sailors without an HYT waiver who are extended beyond HYT are to be separated at HYT vice EAOS as extended (see MILPERSMAN 1160-120).

Answer 12

Extensions within 29 days of HYT do not require an HYT waiver.

Question 13

COs of recruit training centers and service school commands are authorized to cancel or adjust extensions executed for school/5YO/scholastic program

Answer 13

Extensions may not be canceled for failure to pay an enlistment bonus in a timely manner. When the oversight or delay of payment is identified, personnel officers are to promptly make the bonus payment, as extension cancellation is not an option.

Question 14

Enlisted members may volunteer to be
held beyond expiration of their enlistment or active duty
obligation, or other period of OBLISERV.

Answer 14

The normal date of expiration of enlistment or extension
of enlistment of a member serving aboard a ship in foreign
waters may be extended until return of the ship to a continental
port of the United States (U.S.) or until transfer of member
concerned to the separation activity nearest port of
debarkation.

Question 15

Members so retained

shall be separated not later than 30 days after arrival in the U.S.

Answer 15

Members in the Regular Navy,
Navy Reserve, and Fleet Reserve on active duty other than
training duty of less than 30 days, who are in need of medical care or hospitalization as a result of disease or injury
incident to service and not due to their own misconduct, may be
retained with their consent beyond the date of their normal
expiration of active OBLISERV.

Question 16

Untimely separation of a member who is the subject
of a PEB proceeding may prejudice their case since the law
requires SECNAV make necessary physical disability
determinations while the member is entitled to receive basic
pay, except in cases of Reservists on training duty of 30 days
or less.

Answer 16

The term of service of a member undergoing
hospitalization for injury, sickness, or disease, which is the
result of their own misconduct, is extended by such lost time.

Question 17

Enlistments and
periods of OBLISERV of enlisted personnel in Naval Service are
extended, or may be extended, in time of war or national
emergency

Answer 17

Members
may be extended involuntarily beyond their EAOS as a result of
apprehension, arrest, confinement, investigation, or filing of
charges that may result in a trial by court-martial, and
execution of any sentence thereof.

Question 18

At least 1 month before EAOS, member will be offered
opportunity to extend member’s enlistment voluntarily for the
duration of legal proceedings and any subsequent punishment.

Answer 18

A member who is otherwise
eligible for separation will not be retained beyond normal
expiration of obligated service date to satisfy an indebtedness
to the Government or an individual, or for the purpose of
obtaining remission of indebtedness.