How do you get out of the army claiming hardship?
State/Country: United States
I have'nt tried anything so far. But i have a lot of medical issues as well. i'll give you the list of whats going on and maybe you can help me.
My fiancee is pregnant 6 months in now
I have kidneys issues, microscopic hematuria
i have been diagnosed with clinical depression in the past, i have even had mono twice, i am currently getting depressed again, i eat once a day and i feel empty and can't sleep
and just severe chest pains and shortness of breath.
Due to the fact that my fiancee is pregnant i can't stand to be away in the fear of me missing important things with my child, she will be a senior this year in high shcool. and if i'm not there to help you can only imagin how hard that is going to be. i need to be there, for me and for my child and fiancee.
Thanks for the chance to assist
I will paste the Army regulation below along with some commentary regarding the regulation. The one point I would make is that the Army will treat a fiance much different than a spouse. So if its an ok case with a spouse, it will be a weaker case with a fiance. Until your married, your not. SO if the plan is to marry soon, you may want to file the request AFTER the marriage.
Also, your past issues with depression will not carry much weight. A current diagnosis by Army psychiatry of mental health issues will. So you may want to present to medical for an evaluation if you believe its an issue.
Same with physical complaints...past problems will not matter much, but current physical problems (like chest pains) may be an issue that can lead to your separation.
Here is more info on the regulation
Families of servicemembers frequently experience some financial hardship or psychological strain resulting from the disruptions of family life associated with military duty. To be granted discharge, however, a member must be experiencing more extraordinary conditions. Grounds for hardship or dependency discharge do "not necessarily exist solely because of altered present or expected income, family separation, or other inconveniences normally incident to Military Service."
The basic standards for both hardship and dependency discharges are the same:
"The hardship or dependency is not temporary [usually interpreted as lasting more than a year];
"Conditions have arisen or have been aggravated to an excessive degree since entry into the Service, and the member has made every reasonable effort to remedy the situation;
"The administrative separation will eliminate or materially alleviate the condition; and W "There are no other means of alleviation reasonably available."
A discharge application cannot be denied merely because the person is in debt to the military or government or because the person's services are needed by the military
If the hardship or dependency is of short duration, the member can apply for "humanitarian reassignment" (or "compassionate reassignment" in the Army) to a duty station closer to home: Criteria:
The problem is temporary and is expected to be resolved within one year; The problem cannot be resolved through the use of leave, correspondence, power of attorney, or the help of family members or other parties; The problem neither existed nor was foreseen at the time of latest entry on active duty;
If the problem involves the health and welfare of a family member, in the Army and Navy the family member must meet their definition of "immediate family." (However, parents-in-law may also be considered.); A vacancy must exist at the requested duty station.
The Actual Army Regulation on Harship Discharge says:
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 aabove.
(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.
You can read all of the regulations here:
Consider getting help in putting your ducks in order, and pulling together the documents and written statements you will need. The Army Regs say:
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.
(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,XXXXX St. Louis, MONNN-NN-NNNN 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 individual's family, a physician's 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 oldier, 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.
f. Procedures. On receipt of a written application with required supporting evidence, the separation authority will-
(1) Consider carefully the facts on which the request is based.
(2) Obtain any other information that may be necessary to determine the validity of the request.
(3) Take final action to approve or disapprove the application.
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 credit for my work.
so whats the whole process with the depression discharge then?
Thanks is a different process. It would be a medical separation. You can read about it here
Like the Hardship, its not automatic...but if you have a medical condition that limits your service you certainly may qualify.
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:
Early release to further education
While not voluntary, a "convenience of the government" discharge may also get you where you want to go. As the title says, its for the government's convenience, not yours..but if you can convince the command to support you this is also way out.
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 NCO or better who 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.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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