Options after an informal request for a hardship discharge is denied?

2022-02-14T10:01:08-05:00

My mother is terminally ill. She is not projected to live until my ETS date, but has more than the amount of time to live than I would be able to be gone for on emergency leave. I’ve submitted a request for a hardship discharge, and my formal packet isn’t even built let alone submitted, but I was just told that coming down from staff my request has been denied. What does that mean, and is there any option for some kind of appeal or reconsideration?

Response by CPT Lawrence Cable made Feb 15 at 2022 6:04 AM

2022-02-15T06:04:31-05:00

The regulation for a Hardship Discharge is vague enough to be flexible, but it does have some specific requirements. You meet two of them, an immediate family member with a long term condition, but you don't seem to be involved in her day to day care now. Don't mean to sound like an unfeeling bastard, but what does your discharge do for your mother? I doubt that quitting your job does anything to solve the problem, which is not solvable.
My suggestion is to use any of your accrued leave to go home when possible. Then at the end, make sure that someone knows how to arrange Emergency Leave through the Red Cross. The Army will allow you 30 days of emergency leave for a parent. Then if you don't want to re-enlist, don't.
And yes, I've been though all of this before. I'm 66 and I've buried family and friends.
The rules. https://www.benning.army.mil/mcoe/sja/content/pdf/hardship%20discharge.pdf

hardship%2520discharge.pdf

Response by SSgt Christophe Murphy made Feb 15 at 2022 8:31 AM

2022-02-15T08:31:32-05:00

I'm not sure if the Army has something like this but in the Marine Corps we call it a humanitarian transfer. It allows you to transfer to a local Reserve Unit and serve as part of the AD contingent at that Unit so you can be closer to family to help with everything going on. I had several Marines and close friends who used this function while family had severe injuries and/or terminal illness.

Response by SPC Private RallyPoint Member made Feb 15 at 2022 8:58 AM

2022-02-15T08:58:58-05:00

Your "staff" denied a packet that hasn't been submitted.

I have issue with that statement, do you mean staff sergeant? Do you mean staff NCO's? Do you mean battalion staff?

To be clear, NCO's have no say whatsoever in whether a packet goes forward or not, that belongs to the realm of commanders. Additionally, intermediate commanders only get a recommendation on yes or no, the approval authority makes the final decision and the approval authority is a general officer.

So I question who denied a packet that hasn't been submitted even if the request is informal at this time. Talk with your Chaplain and your local JAG on how to process the packet as well as any other options available to you. Additionally if you are being deterred and blocked by someone not in the chain of custody for that packet utilize the open door policy with your commander.

Response by MSG Private RallyPoint Member made Feb 15 at 2022 10:35 AM

2022-02-15T10:35:10-05:00

You didn't submit a packet? You NEED to submit a packet. You are REQUIRED to submit a packet. Informal requests for discharge will go as far as the latrine. I gave you the regulations a bit ago. Those regulations have the steps in which you NEED to complete. Just asking for a hardship with no papertrail......yea....that dog won't hunt.

Response by Sgt Private RallyPoint Member made Feb 15 at 2022 10:54 AM

2022-02-15T10:54:45-05:00

PFC Private RallyPoint Member On your previous post, SFC Thomas Livingston provided you with your options. Why have you not followed his guidance?

Response by SSgt Christophe Murphy made Feb 15 at 2022 11:53 AM

2022-02-15T11:53:41-05:00

After doing some research after my last post I found some basic info for Compassionate Action requests. I understand that a discharge seems like a good idea in the moment but a compassionate transfer to something close to home may be a better fit. You keep your job and all the benefits that go along with it to include support functions that will help you while dealing with this. I recommend looking at the options and consequences before jumping at a discharge thinking it will be the catch all to fix your issues. Keeping a job and an income may be a better option for you.

https://www.hrc.army.mil/content/Enlisted%20Compassionate%20Actions

HRC Homepage

Response by SFC Private RallyPoint Member made Feb 15 at 2022 11:59 AM

2022-02-15T11:59:28-05:00

Didn't you ask about this a few weeks ago? You know doctors can't predict when someone is going to die, even when terminal. There are stories out there of people being told they had six months to live who lived for years and then people who suddenly drop dead.

I think we told you it's unlikely you would get a hardship discharge; however, if you haven't even submitted a packet, who on "staff" said the request was denied? That's not really how it works. They can't deny a request that hasn't been submitted.

I suggest you go back to the prior post to see guidance that was given. Also put in for leave to go see her now while you can. I'm sure they'd accommodate that.

AR 600-14. Section III. That's where you need to look and read through ALL of it. It also has to get signed off by an O6 - there has to also be a slot for your MOS at the nearest duty station to your mother and compassionates are usually for something that can be resolved in a year but not always I suppose.

I would just start with putting in emergency leave.

Response by SFC Private RallyPoint Member made Feb 15 at 2022 3:06 PM

2022-02-15T15:06:54-05:00

There's no such thing as an informal hardship discharge request.

If you didn't build your packet and submit it, then you didn't submit a request for a hardship discharge. It is your request, nobody is going to build your packet for you or submit it for you.

There is nothing to appeal or reconsider, because you never submitted anything so nothing was denied.

Response by CW3 Michael Clifford made Apr 24 at 2022 11:07 PM

2022-04-24T23:07:06-04:00

You haven’t said whether you like the Army or where home is. Have you thought of a compassionate reassignment over a discharge? In that manner, you can support yourself. You will need a letter from her physician and possibly a chaplain. See you personnel office for guidance on a compassionate reassignment application.