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Posted 8 y ago
Responses: 2
SSG (Join to see)
Thanks Battle... I have a Soldier (College degrees, Skilled) who just attended BLC for 30 days, his wife took care of their EFMP dependent with no issues while he was gone at school, now that he's back and our company can place him to work on a dedicated (2-4 months) task... he is saying CANNOT do it, due to his wife not able to drive to appointments.
He is not requesting to be chaptered, we are trying to find out if he is not able to perform as a Soldier, can he be separated?
What about deployments, EFMP doesnt exclude him from deploying!
He is not requesting to be chaptered, we are trying to find out if he is not able to perform as a Soldier, can he be separated?
What about deployments, EFMP doesnt exclude him from deploying!
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MSG (Join to see)
SSG (Join to see) - No worries. That sounds fishy though. I think this regulation will still cover (possibly) your question. Will just take some digging.
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MSG (Join to see)
SSG (Join to see) - As I think about it, it would probably fall in the grey area, but he could get nailed for failure to follow orders or even malingering (harder to prove though), as since there is evidence his spouse was able to operate the house while he was gone for 30 days but can't operate for 60-120 days.
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SGM Erik Marquez
SSG (Join to see) - He is required to care for his Dependants, be that a spouse or care giver. If he can not provide required care for his dependents, yes he can be separated involuntarily.. EFMP has nothing to do with it. ..
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There is a hardship chapter that the SM can request. Let me do some digging so I can find that for you.
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SGM Erik Marquez
b. Hardship. Hardship exists when in circumstances not involving death or disability of a member of the Soldier’s
60 AR 635–200 • 6 June 2005
(or spouse’s) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship. (See para 6–5 for definition of Soldier’s “immediate family.”)
(1) Parenthood of married Soldiers. A married Soldier who becomes a parent by birth, adoption, or marriage (stepparent) and whose child (or children) is less than 18 years of age and resides within the household, may apply for separation under hardship. The Soldier must submit evidence (see para 6–7b(5)) that the roles of parent and Soldier are
incompatible and that the Soldier cannot fulfill his/her military obligation without neglecting the child or children.
(4) Supporting evidence. Supporting evidence will be provided as per paragraph 6–7b(5). Paragraph 6–7b(5) minimizes the supporting evidence for these two policies. However, Soldiers must meet the application criteria in paragraph 6–4 in addition to the requirement that there be unexpected circumstances beyond the Soldier’s control
justifying separation. An example of unexpected circumstances beyond the Soldier’s control is the birth of a child with a serious birth defect requiring constant care.
60 AR 635–200 • 6 June 2005
(or spouse’s) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship. (See para 6–5 for definition of Soldier’s “immediate family.”)
(1) Parenthood of married Soldiers. A married Soldier who becomes a parent by birth, adoption, or marriage (stepparent) and whose child (or children) is less than 18 years of age and resides within the household, may apply for separation under hardship. The Soldier must submit evidence (see para 6–7b(5)) that the roles of parent and Soldier are
incompatible and that the Soldier cannot fulfill his/her military obligation without neglecting the child or children.
(4) Supporting evidence. Supporting evidence will be provided as per paragraph 6–7b(5). Paragraph 6–7b(5) minimizes the supporting evidence for these two policies. However, Soldiers must meet the application criteria in paragraph 6–4 in addition to the requirement that there be unexpected circumstances beyond the Soldier’s control
justifying separation. An example of unexpected circumstances beyond the Soldier’s control is the birth of a child with a serious birth defect requiring constant care.
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