Posted on Feb 14, 2022
Options after an informal request for a hardship discharge is denied?
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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?
Discharge
Issues
Family
Legal Services
Posted 4 y ago
Responses: 8
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.
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SPC (Join to see)
SSgt Christophe Murphy - Lack of understanding about request processes, and unfortunately some junior leaders encourage that perceptions rather than providing factual information.
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MSG (Join to see)
SSgt Christophe Murphy - What I am looking at is that he stated the Doctor gave an estimated TOD around his ETS (which is a few years from now). Unless the Command sees something that the mother has no definitive capability to self care and/or not have medical assistance (such as home health visits or other family in the AO), I just don't see the packet being approved. Obviously I don't have the full details, but what I do have is not blowing up my skirt.
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PFC (Join to see)
I was in the process of sending everything to legal to have the packet built when I was pulled aside and told that coming down from staff, my request had been denied. It was very confusing. I’m unaware of what staff is being referred to, and I never told my leadership I wanted to submit that request prior to the packet being built. It was actually the NCO that originally told me to talk to legal in order to build a packet that pulled me aside to tell me my request had been denied. I don’t know if they submitted only part of a packet or no packet at all, and that’s why it was denied? I asked him if there was anything else I could do given the fact that my packet want even finished, and he said the legal team had looked at it from every angle, and there just wasn’t any way for them to sell that. He did say that I would be able to appeal it once I get to my duty station (Campbell), but there isn’t anything else they could do as of right now. The bright side to this is my command reassigned me to Campbell in order to make me closer to my mom, because I was going to Fort Hood. This makes me think that something was either skipped over or done differently than it was supposed to be. Any advice for when I get to Fort Campbell and attempt to once again get this discharge would be very much appreciated.
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MSG (Join to see)
PFC (Join to see) - Ok. So, you have not arrived to your duty station...which means you are still in training. Am I correct? If so, there is what you need to do. Read those regs I gave you previously. IF....and that's a big IF....you qualify then you NEED to fill out that packet. Get with your NCO and Leadership as soon as you get there. Be prepared to be told NO since you are just getting there. Considering they rerouted you to be closer...take that as a blessing. Do not be surprised if this is all you can get. Regardless, you need to have that packet filled out completely with all required forms. Again, be prepared to be told no.
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PFC (Join to see) On your previous post, SFC Thomas Livingston provided you with your options. Why have you not followed his guidance?
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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.
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.
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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
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
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CPT Lawrence Cable
SFC Kelly Fuerhoff - No, I understood the reason. That's the reason I suggested taking regular leave time and save Emergency Leave for the end. A terminal patient may be around for days or it may be years. I've been though it with everything from a 3 year old nephew to my 91 year old Grandmother. My serious advice is to spend as much time as possible, but don't redesign your life around someone's dying.
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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.
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SGT Morrison (Mike) Hogwood
When I was in this would have been considered a compasionent (sp) re-assignment ,I retired in 1994
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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.
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.
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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
https://www.hrc.army.mil/content/Enlisted%20Compassionate%20Actions
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SP5 Peter Keane
Nothing in the regulation states dependency is a requirement. While the regulation has probably been rewritten, amended, updated many times since, I received a compassionate reassignment based on my father's condition. He was not my dependent.
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SSgt Christophe Murphy
SFC Kelly Fuerhoff - I've seen the transfers go through when a terminal diagnosis was involved. It's worth a shot.
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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.
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