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AR 635-200 Active Duty Enlisted Administrative Separations (28 June 2021)

Source
AR 635-200 Active Duty Enlisted Administrative Separations (28 JUN 2021) (7.3 MB)

6–3. Criteria Soldiers may be discharged or released from active duty because of genuine dependency or hardship (see para 6–10). Discharge or REFRAD under this chapter should only be approved when the dependency or hardship can only be materially alleviated or eliminated by the discharge or REFRAD of the Soldier.

 

Unless otherwise provided in this chapter, the burden is on the Soldier to prove the dependency or hardship and that discharge or REFRAD is in the best interest of the Soldier and the Army.

 

a. Dependency. Dependency exists when death of a member of a Soldier’s (or spouse’s) immediate Family or disability of a member of a Soldier’s (or spouse’s) immediate Family causes the Soldier’s (or spouse’s) immediate Family to rely upon the Soldier for principal care or support (see para 6–5 for definition of Soldier’s “immediate Family”) and such care or support cannot be provided while on active duty in the Army.

 

b. Hardship. Hardship exists in cases, not involving death or disability of a member of the Soldier's (or spouse's) immediate Family, that causes the Soldier’s (or spouse’s) immediate Family to rely upon the Soldier for principal care or support (see para 6–5 for definition of Soldier’s “immediate Family”) and such care or support cannot be provided while on active duty in the Army.

 

c. Special considerations.

 

(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 that the roles of parent and Soldier are clearly incompatible and that the Soldier cannot adequately fulfill his or her military obligation without neglecting the child or children (see para 6–7b(5)).

 

(2) Sole parents. Soldiers who are sole parents and whose children are under 18 years of age and reside within the household, may apply for separation under hardship. A “sole parent” is defined as a parent who is single by reason of never having been married, who is divorced or legally separated and has been awarded child custody by judicial decree or court order, or who is a widow/widower.

 

(3) Intent. Except in exceptional cases, it is not the intent of the Army to allow the separation of a Soldier who elects to remain in the Army during her pregnancy and then request release after receiving the medical and monetary benefits related to prenatal and postnatal absence and delivery. Also, barring exceptional circumstances, it is also not the intent of the Army to allow parenthood alone to form the basis for hardship. An example of unexpected and exceptional circumstances is the birth of a child with a serious birth defect requiring constant care. Inability to obtain an approved dependent care plan does not qualify the Soldier for separation under this provision.

 

(4) Supporting evidence. Supporting evidence will be provided as required in paragraph 6–7b(5).

 

(5) Surviving spouse. Soldiers may request separation for hardship when the death of military or civilian spouse occurs. There will be a presumption of approval in these cases, especially cases when the death of the spouse causes the Soldier to become a sole parent.

 

6–4. Application of criteria a. Separation from the service of Soldiers because of dependency may be granted when all the following circumstances exist:

 

(1) Conditions have arisen or have been aggravated to an excessive degree since entry on active duty or ADT.

 

(2) Conditions are not of a temporary nature.

 

(3) Every reasonable effort has been made by the Soldier to alleviate the dependency or hardship conditions without success.

 

(4) Separation from active military service of the Soldier is the only readily available means of eliminating or materially alleviating the dependency or hardship conditions.

 

b. The circumstances outlined below do not justify separation because of dependency or hardship. However, the existence of these circumstances does not prevent separation because of dependency or hardship, provided the application meets the criteria in paragraph 6–4a.

 

(1) Pregnancy of a Soldier’s wife is not considered a condition for which separation is justified. However, this does not prevent separation because of a permanent medical disability resulting from pregnancy.

 

(2) Undue and genuine hardship does not necessarily exist solely because of altered income or because the Soldier is separated from his or her Family or must suffer the inconvenience normally incident to military service.

 

6–5. Conditions affecting determination regarding separation for dependency or hardship a. In determining eligibility for separation, “members of the immediate Family” include only:

(1) Spouse.

(2) Children.

(3) Father.

(4) Mother.

(5) Brothers.

(6) Sisters.

(7) Only living blood relative.

(8) Any person who stood “in loco parentis” to the Soldier (or spouse) before entry into the Service. “In loco parentis” is any person who has stood in the place of a parent to the Soldier (or spouse) for a continuous period of at least 5 years before he or she reached 21 years of age.

 

b. When a Soldier is eligible for separation under this chapter, separation will not be disapproved because of the Soldier’s indebtedness to the Government or to an individual.

 

c. When Soldiers are eligible for separation, their separation will not be disapproved because their services are needed by their organization.

 

d. Soldiers will not be separated because of dependency or hardship until proper disposition is made of the case if they are:

 

(1) Under charges.

(2) In confinement.

(3) Being processed for involuntary separation under this regulation.

(4) Being investigated under the military personnel security program. (5) Being processed for discharge or retirement for physical disability; however, the application will be accepted and processed to final decision.

 

e. A sentence to confinement (not including dishonorable or bad conduct discharge) will be fully served unless terminated by proper authority before a separation for dependency or hardship may be given.

 

f. A Soldier may withdraw his or her request at any time prior to approval by the separation authority. After approval by the separation authority but prior to the effective date, a Soldier may request withdrawal of his or her approved separation. The separation authority, based on the evidence provided by the Soldier, has the discretion to vacate the approved separation before its effective date.

 

g. Commanders authorized to approve separation under this chapter will withdraw approval before its effective date when—

(1) The separation is being achieved by fraud by the Soldier.

(2) An error is discovered that would have prevented approval.

(3) The Soldier, who has been approved for separation based on sole parenthood, and later marries.

 

h. The separation authority will ensure that this chapter is not used solely to procure a reassignment, a curtailment of assignment, or an avoidance of an assignment. A Soldier whose separation is not approved and requires a new PCS assignment will be reported immediately available for assignment per AR 614–200.

 

6–6. Application for separation The Soldier must complete a DA Form 4187 for separation from the Army because of dependency or hardship.

 

a. Submitting the application.

(1) A person serving in the United States or stationed overseas will submit a DA Form 4187 to his or her commanding officer. The evidence required in paragraph 6–7 must support the DA Form 4187.

(2) A person assigned to an overseas unit who is temporarily in the United States on leave or TDY will submit a DA Form 4187 to the commander of the Army installation (except military entrance processing station (MEPS) and recruiting main stations) nearest the Soldier’s leave address or the installation to which temporarily assigned. In addition, no attachments to Army medical centers are authorized for personnel unless the applicant is a patient or is being treated at that medical facility or unless commuting distance to garrison or troop unit would create additional hardship to the applicant.

 

(3) A person assigned to a unit or installation within the United States who is temporarily in an overseas command on leave or TDY will submit a DA Form 4187 to the commander for the area in which he or she is located (see AR 614–200). The commander specified in paragraph 1–20 will specify the unit to which the Soldier will be attached while the DA Form 4187 is being considered. However, attachment to the nonpermanent party element of transfer points or stations is not authorized.

 

(4) Soldiers on orders for overseas shipment, either as individuals or as members of units, who apply for dependency or hardship separation before departure from unit of assignment will be held at the losing station pending final disposition of the DA Form 4187 (see AR 614–30).

 

(5) Soldiers on orders for reassignment from one continental United States (CONUS) installation to another CONUS installation (either as individuals or as members of units) who apply for dependency or hardship separation before departure from unit of assignment will comply with reassignment orders if considered appropriate by the losing commander. The Soldier will be held at the losing installation if the DA Form 4187 reflects sufficient grounds for approval. If not, the Soldier will be advised to submit the DA Form 4187 upon arrival at the gaining installation.

 

(6) DA Form 4187 for dependency or hardship separation from personnel en route overseas may be accepted at the Army installation (except MEPS and recruiting main stations) nearest the Soldier’s leave address if an interview reveals information that may justify separation.

(a) The Soldier will be attached at that installation until a final decision is made on the application.

(b) No attachments are authorized to Army medical centers for personnel unless the applicant is a patient or is being treated at that medical facility or unless commuting distance to garrison or troop unit would create additional hardship to the applicant.

(c) The losing commander and the U.S. Army Military Personnel and Transportation Assistance Office at the aerial port of embarkation through which the Soldier is scheduled to travel will be notified of the attachment and any later decision.

(d) The U.S. Army Military Personnel and Transportation Assistance Office will notify the gaining commander and the Passenger Liaison Office, Surface Deployment and Distribution Command.

(e) The Soldier en route overseas who arrives at the aerial port of embarkation and has not been previously attached to another installation for the same purpose may be referred to the U.S. Army Military Personnel and Transportation Assistance Office at the aerial port of embarkation, and to the Army installation nearest the port, for consideration of the application, if an interview reveals information that may justify separation for dependency or hardship. The Soldier will be attached to the installation nearest the aerial port until final determination is reached on the application.

(7) The Soldier assigned to a CONUS unit who is on leave within CONUS normally will submit a DA Form 4187 to his or her commanding officer per paragraph 6–6a

(1). However, when exceptional circumstances require the Soldier’s continued presence, and if the commanders concerned agree, attachment to an installation to submit a DA Form 4187 is authorized. Attachment to the nonpermanent party element at TCs is not authorized.

 

b. Forwarding to the separation authority. Forwarding memorandums prepared by commanders having records management responsibility for the applicant’s records will contain the following information if it does not appear elsewhere in the enclosures:

 

(1) Amount and type of allotments the Soldier has in effect, along with the name and relationship of each allottee.

 

(2) A statement whether a determination of dependency for benefits has been requested and the decision of the Defense Finance and Accounting Center, Allotments and Deposits Operations.

 

(3) Date of current enlistment, entry on active duty, and ETS.

 

(4) Whether the applicant is under charges, in confinement, or under investigation or consideration for involuntary separation per AR 635–40, AR 380–67, or this regulation.

 

6–7. Evidence required The supporting evidence for an application for separation because of dependency or hardship normally will be in affidavit form. The evidence must substantiate the dependency or hardship conditions.

 

a. The evidence required will depend upon the nature of the claimed hardship. The DA Form 4187 should include, as a minimum, the following:

 

(1) A personal affidavit requesting separation and explaining the nature of the dependency or hardship condition and addressing the four required criteria in paragraph 6–4a.

 

(2) An affidavit or statement by, or on behalf of, the Soldier’s Family members substantiating the dependency or hardship claim.

 

(3) Affidavits by at least two agencies or individuals, other than members of the Soldier’s Family, substantiating the dependency or hardship claim.

 

b. Additional evidence may be required as follows:

 

(1) When the basis for the application is financial difficulty, a detailed statement is required to establish the monthly income and expenses of the Family.

 

(2) When the basis for the application is death of a member of the Soldier’s Family, a death certificate or other valid proof of death should be furnished.

 

(3) When the basis for the application is disability of a member of the Soldier’s Family, provide documentation, statements, or certificates showing the diagnosis, prognosis, and date of disability.

 

(4) When the Soldier requests separation to support members of his or her Family, other than spouse or children, the DA Form 4187 should show the names, addresses, and contact information of other members of the Family and proof that they cannot aid in the care of the Soldier’s Family.

 

(5) When the basis for separation is the Soldier’s parenthood, supporting evidence will be in affidavit form.

 

(a) Evidence will support the applicant’s claim that unexpected circumstances, or circumstances beyond his or her control, have occurred since acquired parenthood that prevent adequate fulfillment of military obligations without neglect of the child.

 

(b) Affidavits or sworn statements from the Soldier’s immediate commander or officer who is the job supervisor, as appropriate, will be considered sufficient to substantiate the applicant’s claim. The affidavit or sworn statement will indicate what efforts have been made to accommodate or alleviate the condition(s) and why such efforts have failed or are not sustainable.

 

(c) Evidence in paragraphs 6–7a(2) and 6–7a(3) is not required for these applications; however, a judicial decree or court order awarding child custody to the Soldier will substantiate sole parenthood resulting from divorce or legal separation.

 

Comments: Paragraph 1-11 says that Army National Guard of the United States (ARNGUS) personnel will be released from active duty (AD) or active duty for training (ADT) and returned to the control of the appropriate State National Guard authorities. U.S. Army Reserve (USAR) personnel will be released from AD or ADT and returned to their appropriate USAR status. This discharge does not affect the characterization of service warranted by the Soldier's record.


AR 135-178 Army National Guard and Army Reserve Enlisted Administrative Separations (7 November 2017)

Source
AR 135-178 Army National Guard and Army Reserve Enlisted Administrative Separations (18 March 2014) (3.7 MB)

Comments: To view or download the complete regulation, click on the link to it in the box above these comments.

6-2. Dependency or hardship Upon the request of a Soldier and approval of the separation authority, separation may be directed when it is considered that continued membership and service on AD, full-time National Guard duty (FTNGD), or ADT, would result in genuine dependency or undue hardship.

a. Criteria for separation. Separation may be approved when all of the following circumstances exist:

(1) The hardship or dependency is not temporary;

(2) Conditions have arisen or have been aggravated to an excessive degree since entry in the Army, and the Soldier has made every reasonable effort to remedy the situation;

(3) The administrative separation will eliminate or materially alleviate the condition; and

(4) There are no other means of alleviation reasonably available.

b. Limitation of criteria for separation. The following circumstances do not justify separation because of dependency or hardship. However, the existence of these circumstances does not preclude separation because of dependency or hardship provided the application meets the criteria in a above.

(1) Normal pregnancy of a Soldier's wife is not a condition for which his separation is justified.

(2) Undue hardship does not necessarily exist solely because of altered income, separation from family, or the inconvenience normally incident to military service.

c. Conditions of dependency or hardship.

(1) Dependency. Dependency exists when, because of death or disability of a member of a Soldier's family, other members of his or her family become principally dependent on him or her for care or support to the extent that continued membership and service on AD, FTNGD, or ADT, would result in undue hardship.

(2) Hardship. Hardship exists when, in circumstances not involving death or disability of a member of a Soldiers family, separation from the service would materially affect the care or support of the Soldier's family by materially alleviating undue hardship.

(a) Parenthood. A married Soldier who becomes a parent by birth, adoption, or marriage (step parent) and whose children under 18 years of age reside within the household, may apply for separation under hardship. The Soldier must submit evidence in accordance with paragraph e below that the roles of parent and Soldier are incompatible and that he or she cannot fulfill his or her military obligation on AD, FTNGD, or ADT, without neglecting the children.

(b) Sole parents. Soldiers who are sole parents and whose children under 18 years of age reside within the household may apply for separation under hardship. A sole parent is a parent who is single by reason of never being married, or is divorced or legally separated and has been awarded child custody by judicial decree or court order, or is a widow or widower. Basis for separation is as prescribed in (a) above.

(c) Intent. It is not the intent of the Army to arbitrarily allow the separation of an enlisted woman who remained in the service during her pregnancy and then requests release immediately after receiving the medical and monetary benefits related to her prenatal and postnatal absence and delivery.

(d) Supporting evidence. Supporting evidence will be provided in accordance with paragraph ebelow. Paragraph 6-4e(2) below minimizes the supporting evidence when the basis is parenthood of either a sole parent or a married Soldier. However, Soldiers must meet the application criteria in paragraph dbelow, in addition to the requirement that there be unexpected circumstances beyond the Soldier's control justifying separation. An example of these circumstances is the birth of a child with a serious birth defect requiring constant care. Inability to obtain an approved Family Care Plan (AR 600-20) does not qualify the Soldier for separation under this provision.

(3) Members of the family. For the purpose of separation under dependency or hardship conditions, the term members of the family includes only spouse, children, father, mother, brothers, sisters, and any person who stood in loco parentis to the Soldier before enlistment. (The term in loco parentis, as used here, means any person who has stood in the place of a parent to a Soldier for 5 continuous years when the Soldier was a child.)

d. Application for separation. A Soldier must submit a written application to be separated because of dependency or hardship. A request for separation will be submitted as follows:

(1) An ARNGUS Soldier, or USAR Soldier assigned to a TPU or IMA duty position, must submit a written application to the unit commander who will immediately forward it with recommendations and Soldier's records through channels to the separation authority (para 1-10) for final action.

Comments: "TPU" is Troop Program Unit, "IMA" is Individual Mobilization Augmentation.

(2) A Soldier assigned to the IRR, Standby Reserve, or Retired Reserve, must submit a written application to the Commander, HRC-St. Louis, ATTN: AHRC-PAR, 1 Reserve Way, St. Louis, MO 63132-5200. The Chief, Regional Personnel Actions Division, will immediately forward it with recommendations and Soldier's records through the Director, Personnel Actions and Services Directorate, and Director, Enlisted Personnel Management Directorate, to the Commander, HRC-St. Louis (para 1-10b(1)) for final action.

e. Evidence required. The evidence required for dependency or hardship separation will normally be in affidavit form. The evidence must substantiate dependency or hardship conditions on which the application for separation is based.

(1) The evidence will include affidavits or statements submitted by or in behalf of the Soldier's dependents and by at least two disinterested persons or agencies having firsthand knowledge of the circumstances. If dependency or hardship is the result of disability of a member of the individuals family, a physicians certificate should be furnished showing specifically when such disability occurred, the nature thereof, and prognosis for recovery. There also will be furnished the names, ages, occupations, home addresses, and monthly incomes of other members of the applicant's family. The affidavits of disinterested individuals and agencies should include reasons within their knowledge that these members of the family can or cannot aid in the financial or physical care of the dependents concerned for the period the Soldier is to continue membership or is ordered to AD, FTNGD, or ADT. When the basis for the application is the death of a member of the Soldier's family, a death certificate or other proof of death should be furnished.

(2) If the basis for the application is parenthood of either a sole parent or a married Soldier, the supporting evidence will be in affidavit form and will substantiate the applicant's claim that unexpected circumstances or circumstances beyond his or her control have occurred. These circumstances prevent fulfillment of military obligations without resultant neglect of the child. Affidavits from the Soldier's immediate commander and officer who is the job supervisor will be considered sufficient. Evidence in (1) above is not required for these applications; however, sole parenthood resulting from divorce or legal separation will be substantiated by a judicial decree or court order awarding child custody to the Soldier.