If I receive a family care plan chapter, will I still receive my VA benefits?

CPL Private RallyPoint Member — Fri, 08 Jul 2022 12:42:30 -0400

I’ve been in the army for almost 10 years now…I enacting my family care plan. Due to my wife being mentally ill. Will I still receive my va benefits? Anyone ever been through this situation? Any help is appreciated

Response by MAJ Ken Landgren made Jul 8 at 2022 12:57 PM

MAJ Ken Landgren — Fri, 08 Jul 2022 12:57:28 -0400

Your wife's status will have no bearing on your VA benefits.

Response by SSgt Christophe Murphy made Jul 8 at 2022 2:18 PM

SSgt Christophe Murphy — Fri, 08 Jul 2022 14:18:54 -0400

VA eligibility is based on a few things. Length of service and type of discharge are two of the biggest requirements

https://www.va.gov/healthbenefits/resources/publications/hbco/hbco_basic_eligibility.asp

VA.gov | Veterans Affairs

Apply for and manage the VA benefits and services you’ve earned as a Veteran, Servicemember, or family member—like health care, disability, education, and more.

Response by MSG Private RallyPoint Member made Jul 8 at 2022 4:07 PM

MSG Private RallyPoint Member — Fri, 08 Jul 2022 16:07:16 -0400

A 10 year PFC? Interesting, but I digress. Being that it is a Chapter, your benefits are subject to your Commander in regards to the Chapter Packet. You need to speak with your Commander....

Response by SFC Private RallyPoint Member made Jul 8 at 2022 4:32 PM

SFC Private RallyPoint Member — Fri, 08 Jul 2022 16:32:50 -0400

You must be a PFC because that's not how FCP chapters work unless your spouse is in the Army.

"Enacting your Family Care Plan" literally means someone comes and picks up your kids. An FCP is a plan for short notice and long term care for your kids. As in, I'm a single parent or dual military with kids, I get held up at work late, and call someone to pick up my kids. Or, I'm scheduled for a deployment or TDY and someone watches my kids. That is enacting a Family Care Plan.

You should probably sit down with your commander and talk about the type of separation you're going to need to ask for. Of your commander says FCP, you need to go talk to JAG because the commander doesn't know what they're talking about, and that separation will get kicked back once it goes up to the Brigade level.

Response by SFC Private RallyPoint Member made Jul 8 at 2022 5:55 PM

SFC Private RallyPoint Member — Fri, 08 Jul 2022 17:55:12 -0400

Um...what? AR 600-20, Chapter 5-3 Family care plans:

"Commanders oversee mission, readiness, and deployability as they affect RA and USAR Soldiers who are: single parents; dual-military couples with dependent Family members; married with custody or joint custody of children whose non-custodial biological or adoptive parent is not the current spouse of the Soldier, or who otherwise bears sole responsibility for the care of children under the age of 18 or others unable to care for themselves in the absence of the Soldier; or primarily responsible for dependent Family members. Plans must be made to ensure Family members are properly and adequately cared for when an RA Soldier is deployed, on TDY, or otherwise not available due to
military requirements. "

It does also say "or who otherwise bears sole responsibility for the care of children under 18 or others unable to care for themselves in the absence of the soldier..."

So you had one for your wife since she couldn't take care of yourself and that failed? Or you didn't have a FCP for your wife when you'd be gone to have someone help care for her and so it's a family hardship discharge?

If you get an honorable discharge, you get VA benefits. So yes, if you get discharged because you can't come up with a valid FCP since your wife can't take care of herself without you around, you'll get VA benefits. It's still an honorable discharge.

So...do you have kids? Because it's in place for those who are single parents, dual military or otherwise bear sole responsibility for children (so if the spouse can't provide care alone). You don't get out by using a FCP - if you have a FCP that doesn't work you can get separated for not being able to have care for your kids.

Response by MAJ Byron Oyler made Jul 10 at 2022 11:45 PM

MAJ Byron Oyler — Sun, 10 Jul 2022 23:45:50 -0400

VA benefits for go or no go are based on the character of your discharge not the chapter of separation.