Introduction
In July 2018, the Department of Defense (DoD) issued Instruction 1332.45, outlining policies and procedures for managing non-deployable service members in the U.S. military. This policy, effective from October 1, 2018, aims to enhance the readiness and lethality of the armed forces by ensuring that all service members are deployable. Here’s an overview of the key elements of the directive.
Applicability and Goals
The instruction applies to all DoD components, including military departments, defense agencies, and field activities. It establishes guidelines for determining whether service members can remain in the military if they are non-deployable for extended periods. The overarching goal is to maintain a deployable and effective force while providing a framework for retention and separation decisions.
Retention Policy for Non-Deployable Service Members
Under this policy, service members who are non-deployable for over 12 consecutive months are subject to a retention review. Depending on the circumstances, they may be referred to the Disability Evaluation System (DES), processed for administrative separation, or retained based on individual cases. Retention decisions are guided by factors such as:
- The likelihood of resolving the issue causing non-deployability.
- The service member’s ability to perform duties aligned with their rank, grade, or skills.
Retention can be approved for the remaining term of an enlistment contract or up to three years for officers and indefinite contract personnel. Extensions can also be granted case-by-case.
Non-Deployable Categories
Service members may be categorized as non-deployable under the following conditions:
- Temporary Non-Deployability:
- Medical reasons, such as hospitalization, pregnancy, or temporary health conditions.
- Legal reasons, including ongoing investigations or legal proceedings.
- Administrative reasons, like failure to establish family care plans, being underage, or humanitarian assignments.
- Permanent Non-Deployability:
- Medical conditions deemed permanent, such as those processed through DES.
- Administrative factors, including conscientious objector status or inability to carry a firearm.
- Service members retained for special reasons, such as combat-wounded individuals who wish to continue serving.
- Individual Medical Readiness (IMR) Deficits:
- IMR deficits, like overdue medical screenings or dental care, do not automatically classify a service member as non-deployable but require immediate correction.
Reporting and Monitoring
The policy mandates a robust tracking and reporting system to monitor non-deployable personnel across all branches of the military. Military departments are required to:
- Submit monthly reports detailing the status and numbers of non-deployable personnel.
- Categorize individuals based on their deployability status, ensuring accurate and consistent data.
The DoD emphasizes prioritization in reporting, starting with currently deployed personnel, followed by those deployable with limitations, and then non-deployable categories.
Special Provisions and Exceptions
Certain groups, like pregnant or post-partum service members, combat-wounded personnel, and those nearing retirement eligibility, may be granted special exemptions or retention considerations. For instance, combat-wounded members evaluated through DES can request continued service, and those within three years of retirement eligibility may be retained for administrative reasons.
Separation Procedures
For service members unable to resolve their non-deployable status, the directive outlines separation procedures. Administrative separations are expedited for individuals non-deployable for over 12 months due to non-medical or non-legal reasons. Meanwhile, those with physical disabilities are referred to the DES.
Conclusion, Implications for Readiness and Force Management
DoDI 1332.45 underscores the DoD’s commitment to maintaining a deployable and mission-ready force. By addressing the challenges posed by non-deployable personnel, this policy aims to balance operational effectiveness with fairness and consideration for individual circumstances. It also ensures a transparent and standardized approach to retention and separation decisions across the military.
If you’re facing the IDES, LDES or NDR process due to deployability issues, please do not hesitate to contact Joel Pettit Law to discuss your potential case.