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Military Hardship Discharge

What is a Military Hardship Discharge?

A Military Hardship Discharge is where a service member can ask a separation from the military if their family or dependents are suffering from financial, physical or psychological issues. There are many ways to receive a hardship discharge. Those include death of or divorce from a spouse that leaves the service member the sole parent of a child, disability or death of a parent, or long term physical or mental illness of a spouse that requires the service member to be at home. In order to get this separation, the service member must show what the reason for hardship discharge is not temporary and has gotten worse since they have entered the military. Read below where many people have asked the Experts for legal answers to many complex questions.

How can someone receive a hardship discharge from the National Guard?

All military separations are based on the decision of the commander even those who have been involved in criminal activity. All they can do to receive a hardship discharge is present their hardship and ask.

If someone has received a hardship discharge from the National Guard can the National Guard send out reactivation orders?

If they have been discharged or separated from the military, then they should have not received any reactivation orders. However, if they were released from a portion, then they can receive these orders. They will need to find out when the unit released them for hardship, if they were releasing them from their obligation to that unit, or discharging them from the military.

What are the requirements in order to receive an army hardship discharge?

According to the Army Regulation (AR 635 200):
Hardship is present when in certain situations not involving death or disability of a member of the Soldier’s or spouse’s immediate family, separation from the service will greatly affect the care or support of the family by improving excessive and real hardship Separation from the service will be granted when the following situations exist:

1. Conditions have come up or have been motivated to an extreme amount since entry on Air Defense (AD) or Active Duty for Training (ADT).
2. Conditions are not temporary.
3. Reasonable effort has been made by the Soldier to improve the hardship conditions without success.
4. Separation from active military service of the Soldier is the only available option of eliminating or materially improving the hardship conditions.

In 1992 if someone has received a hardship because they were downsizing the army, and the army has offered to pay those who have served five years or more, why is it that they haven’t received any pay?

In this time, many jobs were given severance pay to leave. If they have not received this pay, it is probably because they didn’t rate it. They can check with the National Personnel Records Center and order their military records. The discharge papers will be in this, and state what they have received. Also, they can contact the Army Human Resources Command in the state and they can verify if this person was entitled to any severance pay.

Can someone receive hardship discharge if their deployment caused them to lose custody?

This can happen, if they show that their deployment will lead them to losing custody. Then the military would possibly grant a discharge. The only problem they may run into is that custody is always a subject to modification; they will need to show that their case is different.

There are many laws and regulations regarding receiving a hardship discharge from the military. For more information if one classifies for a hardship discharge ask the Experts.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11935
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
Military Lawyers are Online Now

How JustAnswer Works:

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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Military Lawyers are online & ready to help you now

P. Simmons
Military Lawyer
Satisfied Customers: 11441
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Allen M., Esq.
Lawyer
Satisfied Customers: 4035
Lawyer and current JAG officer.
Marsha411JD
Lawyer
Satisfied Customers: 1149
Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Recent Hardship Discharge Questions

  • I failed two consecutive record PT tests this year and was

    I failed two consecutive record PT tests this year and was given notice that I would be separated if I did not show significant improvement. I passed the next record test and that separation action was halted. I really want to return to civil***** *****fe (you could also give me under the "failure to adapt" label), so my question is would a third record PT test failure increase the odds of being chaptered out of the military after the test, or would I have to fail two more record tests again? I think the rule says two failures and you're out, but they have been much more lenient on that where I am.
  • I have two children with my ex-husband. He has primary custody.

    I have two children with my ex-husband. He has primary custody. I'm getting stationed overseas and want to take the children with me. He wants the kids to have the opportunity but doesn't want to give up custody. I can't get my kids command sponsored unless I have custody. My ex and I are good friends and have been discussing getting remarried so we can all go overseas together. He has always been the stay-at-home parent, so he would be my primary means of childcare. We have lived as roommates in the past, and that worked out well. Because I already have dependents, my pay/allowances don't change. Before I agree to getting remarried, I just want to make sure I won't be violating any rules.
  • While in Vietnam, I was wounded. They left me in Vietnam, eventhough

    While in Vietnam, I was wounded. They left me in Vietnam, eventhough suffered with migrains from mortar blast. During my last two months I developed Edema, severe. Swelled up all over. Last month..12th in Nam, sent to Japan with it. The doctor said probably from sprays being used in Nam. Siad he'd send me to the states. From there I'd be medically discharged. That never happened. First day at Ft. Hood, swellled. went untreated. Left the Army 3 months early for school. And basically to get care for unknown swelling. I still get it but not as bad. Wasn't my condition something they neglected and should have had enough to Medically discharge me? They have never still today service connected it. I have a claim in again for it. I feel they didn't even care after being wounded and then keeping me in Vietnam to suffer more with face swelling.
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