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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26323
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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How can I get out of the Marine Corps

Customer Question

How can I get out of the Marine Corps>?
Submitted: 6 years ago.
Category: Military Law
Expert:  P. Simmons replied 6 years ago.
If your situation warrants I would apply for a hardship transfer or separation to relocate with your spouse.

Short of that I recommend you finish your contract...the bad paper you will get if you do not will follow you for the rest of your life



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green button, its the only way I get paid.
Customer: replied 6 years ago.

hardship transfer or separation to relocate with your spouse? if you cand give me more information or links that give the applications or place in which I can obtain this idea of seperation to relocate with my spouse... I mean by no means do I not like the Marine Corps sure I'd rather finish college and do my degree in engineering but a simple PCS or something would solve this porblem... if you can make sense of that and answer I'll be more than happy to pay the 45 bucks... thanks greatly.

 

Racap: Hardship Transfer requires what? and where can I get a form to fill out and turn in? to see if I qualify... Also, the "seperation to relocate with my wife" is there a form I can fill out and see if I qualify? Answering these will answer my original question...

Expert:  P. Simmons replied 6 years ago.
I recommend you look at the Marine Corps Separation Manual (a goggle search will get you a copy or your Admin shop will have a hard copy) Here also is a link: www.sldn.org/binary-data/SLDN_ARTICLES/pdf_file/2338.pdf.

Chapter 6 is where you want to start. I would read this carefully and see if your situation will apply.

There are 2 types of Administrative Separations...Voluntary and Involuntary. You want, if at all possible, voluntary. If you can fit your circumstances into a voluntary separation you will typically rate an honorable separation.

Some examples of reasons for voluntary separation include:
Conscientious objector
Hardship
Pregnancy
Early release to further education


If you can not find a voluntary separation reason that fits your circumstances, I would urge you to finish your term, since if you attempt an involuntary separation, this will typically result in a less than favorable characterization of your discharge, a loss in veterans benefits and difficulty going forward in a job search. Still, if you can not find a voluntary separation that fits, you can look closely at the different involuntary methods, as one or more may apply

Either way it is very important that someone in your command is "on your side" If there is a Staff Sergeant of better how can speak to the command on your behalf this will help quite a bit. In the end it is the Commanding Officer who will likely make the decision whether or not to discharge you and if so, how. You want someone in the command who can advocate your case.



Relating to hardship discharge. Here is some basic information

Marine Corps Humanitarian Transfers to another duty station or the cancellation of PCS (permanent chage of station) orders to permit retention on station are initiated at the request of the individual. The transfer action is for the personal convenience of the Marine and is designed to solve short-term situations.

Such transfers are for the member's convenience and there are no entitlements to travel or transportation allowances for the member to return to the old permanent duty station to assist in the movement of dependents or household goods. Travel and transportation allowances will be allowed from the member/dependents location to the new permanent duty station upon receipt of the authorization for the humanitarian transfer.

For the purposes of Humanitarian Transfers, "short-term" is defined as 36 months or less, or date of released from active duty/discharge, whichever comes first. Approvals for retention on station are normally approved for 12 months.

Personal and family problems that can reasonably be expected to continue beyond three years from the date of transfer are considered long-term in nature, and could constitute a limitation on the availability of the Marine for worldwide assignment. As such, the solution to the Marine's problem may more appropriately be a hardship discharge; or transfer to the FMCR or Retired List in lieu of being discharged.

Criteria

To qualify for consideration under this program, the following criteria must be satisfied:

The situation must be of such severity as to present a personal problem that is more severe than those normally encountered by Marines and their families in the course of military service.

The hardship occurred or was aggravated as a result of the Marine's beginning the initial term of service, or subsequent to the date of the last reenlistment.

The Marine has made every effort to solve the personal problem by taking leave; corresponding with social service agencies in the locale of the hardship; filing dependency applications and registering allotments for financial support to immediate family members; seeking legal assistance at the present duty station; and seeking medical treatment (including psychological counseling/therapy) for family members at the present CONUS duty station, i.e., Chaplains, Family Service Centers.

The problem described must be controlled or resolved to permit the unrestricted assignment of the Marine within the time frame of a normal CONUS tour (36 months).

The problem must involve the Marine's immediate family and the individual's presence must be required to alleviate or eliminate the hardship. For the purpose of humanitarian transfer/TAD/retention on station, the term "immediate family" is defined as the spouse, natural or step-children, brothers, sisters, and the Marine's or spouse's parents. A person who has stood in loco parentis for at least 2 years preceding the Marine's entry on active duty qualifies as a parent for the purpose of this paragraph.

Requests for humanitarian transfer will not receive favorable consideration when the basis therefore is to assist in farming/mining ventures, personal business ventures, or to attend to personal legal matters. When the Marine's presence is requested solely to provide moral support, transfer/reassignment will not be directed.
Examples of Requests which are Normally Approved

Requests for humanitarian transfer/TAD/retention on station generally will receive favorable consideration when the following conditions exist:

Terminal illness (life expectancy less than 6 months) of a member of the Marine's or spouse's immediate family (as defined above), where the presence of the Marine is required.

Illness of a member of the Marine's or spouse's immediate family where the attending physician certifies the Marine's presence is required for the well-being or welfare of the patient.

No other relatives are capable of providing the assistance necessary to alleviate the hardship.

A Marine becomes a single parent as a result of unforeseen circumstances; for example, the death of a spouse.

Where humanitarian transfer is desired, the requested duty station must
have a billet vacancy requiring the grade and MOS of the Marine. As a matter of general policy, when a humanitarian transfer request is approved, a Marine will not be assigned to a recruiting station, Marine Corps district headquarters, or to small Marine Corps detachments (one for one billets).

Where no billet vacancy exists at the Marine Corps activity closest to the location of the hardship, TAD (Temporary Duty) may be authorized up to a total of 6 months, as described below.


Temporary Duty (TAD)

When possible, if an individual's problem is of short duration, and the requirement for the Marine's presence is substantiated by documentation, permissive TAD will be authorized at the Marine Corps activity closest to the location desired by the Marine. Orders to such TAD must be clearly in the best interest of the Marine Corps, and may be for a period of not more than 6 months. Any request for an additional period of TAD will advise the CMC (MMOA/MMEA or RA) of the current status of the Marine's problem, and an estimate of the time needed to resolve it.

Since the TAD is for the personal convenience of the Marine, no per diem or travel expenses will be authorized. Travel-time expended in conjunction with permissive TAD is chargeable as annual leave.

TAD will not be authorized by the CMC where the appropriate solution to the Marine's problem could be achieved through the use of annual or emergency leave. It is expected that prior to granting a Marine TAD, the individual will exhaust the current authorized leave period in attempting to resolve the problem.


Reference

Marine Corps Order P1000.6, Assignment, Classification and Travel Systems Manual, paragraph 1301


For what its worth, in my military law practice, over 1/2 the calls I get are from adults who received an OTH years back and are attempting to upgrade. I tell them the same thing...its very difficult if not impossible to do. What seemed a good idea to them 10 years ago is really causing problems today.



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get paid.
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26323
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 6 years ago.
thank you

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