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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: 11861
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

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