I hate to tell you but with anyone in the IRR you are subject to being deployed unless it's written into your contract that you will not be deployed for a specified number of months. There is not way to promise getting out but the only thing you can do is make a hardship request. Hardship and Dependency
Some men and women in the military have family problems which can be resolved onlyby their discharge from the military. A member of the military may be granted avoluntary separation for a “genuine dependency or undue hardship” if all of the followingconditions are met:
The hardship is severe and not temporary.
It has arisen or been aggravated since entry into the military.
The member has made every reasonable effort to remedy the situation.
Separation is the only remedy.An application for a hardship or dependency separation can result in either discharge ortransfer to the inactive reserves. Servicemembers may also apply for humanitarianreassignment closer to home for hardships of shorter duration. Characterization of servicewill be Honorable or General (under Honorable Conditions).Hardship and dependency conditions can consist of financial, emotional, and physicalneeds of a member’s immediate family. These needs must be fully documented. Thedischarge is requested by the servicemember, although a sympathetic commander maysometimes suggest a member apply for the discharge.
Families of servicemembers frequently experience some financial hardship orpsychological strain resulting from the disruptions of family life associated with militaryduty. To be granted discharge, however, a member must be experiencing moreextraordinary conditions. Grounds for hardship or dependency discharge do “notnecessarily 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 morethan a year];
“Conditions have arisen or have been aggravated to an excessive degree since entryinto the Service, and the member has made every reasonable effort to remedy thesituation;
“The administrative separation will eliminate or materially alleviate the condition;and
“There are no other means of alleviation reasonably available.”A discharge application cannot be denied merely because the person is in debt to themilitary or government or because the person’s services are needed by the military.Counseling
The military has strict standards for hardship and dependency discharges, and the chancesof success are greatly increased if the claim is carefully thought out and thoroughlydocumented. Servicemembers will likely need help explaining just what the problem athome is and how a discharge could help solve it, as well as identifying who can writesupporting letters.The servicemember can, and as a general rule should, request emergency leave (or leaveextension if the person is already on leave) both to temporarily help the situation at homeand to gather the information needed to apply for discharge. In addition, asking foremergency leave shows that the member is making every effort to solve the problem. (Ifleave is denied, the person should state this in their application for discharge.)If applying for a hardship discharge based on financial considerations, the applicant mustprove that he or she will be able to earn more money, or realize significant savings, as acivilian. If applying for a dependency discharge, the applicant must show that:
His or her presence will, if discharged, significantly improve the situation or keep itfrom deteriorating; and
No one else can provide the same help.When experiencing hardships, servicemembers and their families are distressed and oftensomewhat nonfunctional. The documentation process can add to that stress. Counselorscan work with the member of the family most capable of gathering documentation, butoften counselors must decide how much documentation they are personally willing togather for the client. It is important to take the time to document the case as well aspossible and review all documentation before submitting the claim.
Request for Humanitarian Reassignment
If the hardship or dependency is of short duration, the member can apply for“humanitarian reassignment” (or “compassionate reassignment” in the Army) to a dutystation closer to home. The military may also provide for a delay of a scheduledreassignment for 90 days.To be granted humanitarian reassignment, the following conditions must be met:
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 ofattorney, or the help of family members or other parties.
The problem neither existed nor was foreseen at the time of latest entry on activeduty.
If the problem involves the health and welfare of a family member, in the Army andNavy 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 documentation for humanitarian reassignment should include:
A statement by the servicemember explaining the situation and how his or herpresence will alleviate the problem.
A statement from the dependent(s) concerned, indicating the nature of the hardshipand why the enlisted member’s presence is considered necessary.
Supporting statements from responsible persons (for example, clergy, social workers,court clerks) who have personal knowledge of the problem.
If illness is involved, a current statement from all attending physicians. It is importantthat this statement include both the diagnosis and prognosis, and, if applicable, thelife expectancy of the dependent concerned. The doctor should also comment on theeffect the servicemember would have on the patient’s recovery, or the adverse effectif the member is absent.
If a legal problem exists, copies of all pertinent legal documents with a signedstatement from an attorney stating the problem and why reassignment is necessary(including a discussion of why other possible solutions will not work).
Documentation is likely to make or break a case. The request for discharge will bereviewed by military officials who are not acquainted with the dependents or theirsituation. The decision of whether to grant discharge will be based on the informationsupplied by the applicant and therefore the application must be as clear, factual, andcomplete as possible. If both dependency and hardship conditions exist, make clear theseverity of both the hardship and dependency conditions.Members may request assistance from the Red Cross to obtain evidence for theirapplication. However, the Red Cross will not make a formal report unless requested to doso by the member’s commanding officer.The regulations of each Service provide specific guidance on the documentation theyrequire. Those regulations also require the command to inform the applicant of thecorrect procedures to follow and often ask that the command assist the applicant ingathering and preparing documentation for their claim. The documentation generallyrequired by all the Services is outlined below.The most important documentation is the applicant’s statement, which should include:
A complete and specific description of the hardship or dependency using names,dates, and places. Include a history of the problem, if any.
A specific description of what action has been taken to solve the problem.
A description of specifically how the applicant expects to alleviate or resolve thehardship or dependency if request for separation is approved.The applicant must also provide the:
Names, addresses, and ages of the applicant and their family.
Names, addresses, and ages of other immediate family members.
Dates of any previous requests for emergency leave, humanitarian reassignment, orhardship discharge.
A statement by, or on behalf of, the person(s) experiencing hardship or dependencymust be submitted in substantiation of the claim. Family members should write lettersthat explain the situation, describe in detail why they can not give financial orpersonal help (including, where appropriate, statements of income and expenses), orwhy the help that family members do provide is not enough. (Usually it is not enoughfor the member to assert that relatives cannot or will not help with the situation.)Provide statements from at least two persons who know of the situation, but are notmembers of the family (such as doctors, employers, neighbors, etc.).
A claim of financial hardship must be supported by a carefully prepared and itemizedbudget. The member will also be expected to visit a base financial counseling service,where available. These service centers assist with budgeting and debt relief and canhelp draft an itemized budget. If possible, provide a notarized letter from aprospective employer with a job offer after discharge, including the salary, type ofwork, and hours of work per week.
If there is an illness or disability in the family, include a statement from all attendingphysicians or psychologists giving the history (including the date when the illnessbecame serious or acute), diagnosis, and, most importantly, the prognosis of theillness.
If dependency is the result of a death in the servicemember’s family, provide a copyof the death certificate or other valid proof of death. Death certificates are usuallykept in the city hall of the town where the person died or at the state capital. If theapplicant has trouble getting a copy, they should ask a doctor or minister to write astatement saying when the person died.If the family works a farm and the member is needed there, a statement from the CountyFarm Agent or Farm Bureau can be submitted. It should report the size of the farm, thearea under cultivation, numbers of livestock, the availability of other farm labor in thearea, and any other pertinent information.People asked to make statements will write most effectively if the applicant explains theextent of the problem and the standards the military sets for discharge. (See Appendix 7,Supporting Statements for Hardship & Dependency Claims.) All letters anddocumentation should be sent to the applicant, not directly to the commander. Aftergathering the documentation, the applicant should check that the information is complete,accurate, and consistent.Approaching the Command
It is generally best for the member to approach the command as an individual seekinghelp with the hardship. The visible presence of a counselor will not likely be helpfulunless the command refuses to process the claim or the claim is wrongly denied.Each Service has different rules about submitting hardship or dependency dischargeapplications.
If a person is assigned overseas and is in the US on leave or on a temporary dutyassignment (TDY), the application can be submitted to the Army installation nearestthe person’s home or TDY station (excluding Military Entrance and ProcessingStations or Recruiting Stations).
If a person is assigned to the US, but is overseas on leave or TDY, they can apply tothe nearest overseas command.
If on overseas orders from a US base, a person can apply at their duty station prior toleaving that base, and will be held there pending a final decision. If on orders fromone US base to another, the applicant can file with the losing commander (the personin charge of the base the member wishes to leave), who will decide whether or not tocancel the orders.A person en route to an overseas station can submit a claim at the base nearest theirhome. If after an interview the commander is convinced that separation is justified, theperson will be held there for separation proceedings. If a hardship or dependency claim issubmitted at the point of embarkation, the member will be assigned to the base nearestthat point for the separation process.A person assigned to a US base who is on leave in the US can apply and be attached atthe base nearest home if the commanders of both units agree that the person is needednear home.
Navy and Marine Corps
The policy of the Navy and Marine Corps is less formal, and there is little guidance in theregulations. If a person submits a claim to his or her commanding officer at the homestation before receiving orders, he or she may be held in the unit. After the applicantreceives orders, the commander will likely ask the Chief of Naval Personnel or theCommandant of the Marine Corps for instructions.
The applicant’s immediate commander will review the application and make arecommendation to the discharge authority, who makes the final decision. Sometimes theapplicant will be interviewed by the immediate commander or his or her delegate. In theMarine Corps a board may be appointed to interview the applicant. This board consists ofthree military members (usually officers) who make a recommendation to the dischargeauthority.
ype of Separation
The separation authority will determine whether a member will be discharged ortransferred to the Individual Ready Reserve (IRR), using Service standards. (See Chapter2, Overview of Military Discharges, under “Discharge or Separation?” on page 2.4.)Characterization of service will be Honorable or General (under Honorable Conditions),depending on the member’s military record.
If discharge is denied, the military must give reasons for the denial. If an application isdenied because specific documentation required by the command is missing, obtain therequired documentation and resubmit the application. When reapplying for hardship ordependency discharges include anything that has happened since submitting the previousclaim and collect much more documentation for the second application. It can sometimeshelp to send a copy of the application with a request for assistance to the client’sCongressional representative. (See Chapter 6, Grievances and Filing Complaints, under“Congressional Assistance” on page 6.5.)If a claim was improperly denied, and the member has exhausted every means of appealwithin the military, it is possible to file a suit in federal court seeking a release from themilitary. (See Chapter 3, Understanding the Discharge Process, under “Further Appeals”on page 3.11.)See also “Request for Humanitarian Reassignment” on page 10.3.
According to Department of Defense Directive 1200.7, “Ready Reservists whoseimmediate recall to active duty during an emergency would create an extreme personal orcommunity hardship shall be transferred to the Standby Reserve or the Retired Reserve orshall be discharged, as appropriate.” (See Chapter 18, Mobilization and InvoluntaryActive Duty.) Reservists follow the same general procedures as their active dutycounterparts.The Army will transfer a reservist to the Individual Ready Reserve (IRR) upon approvalof a hardship claim. The Navy and Marine Corps will either discharge or transfer areservist to the IRR depending on the circumstances of the case. Air Force Reservists willbe completely discharged from all military obligations if the application is approved.Supporting Statements for Hardship & Dependency Claims
The military provides for the discharge of people who are needed at home becausesomeone in their immediate family becomes severely dependent on the servicemember.In order to qualify for discharge on the basis of hardship or dependency, theservicemember must document for military authorities that his or her retention in themilitary perpetuates this hardship on the dependent.The person submitting the application for discharge on the basis of dependency orhardship must submit letters which substantiate the claim. These letters can come frompersons who know the situation well, such as friends, neighbors, clergy, social workers,and doctors. These letters greatly improve the likelihood of discharge.The servicemember who has requested that you write a letter of support must show thefollowing:
That his or her presence and/or increased financial support is essential to prevent thedependent from suffering severe hardship, and that there is no one else both able andwilling to take the servicemember’s place.
That the hardship condition developed after the member entered the military.
That the condition is not temporary in nature.
That every other means of attempting to solve the problem has been tried and thatdischarge from the military is now the only remaining solution which offers thepossibility of greatly reducing or eliminating the problem.To help you write an effective supporting letter, the following guidelines are offered.Please use specific examples to support your statements.
State how you are familiar with the situation.
Your relationship to the family (friend, employer, grocer, minister, doctor, teacher,etc.).
How long you have known the family and the person filing the claim.
How much contact you have with them (note frequency of visits, correspondence,etc.).
Describe the circumstances of the hardship or dependency.
Include information such as:
How long the problem has existed.
When it began, or got worse, after the person entered the military.
What services and support are needed and how the servicemember could providethese.
Why no one else in the family can provide the support in his or her place.
What other solutions have been tried.Explain the consequences of the member’s discharge, including:
Why and how the discharge would help.
What, in your opinion, will happen to the dependent if the discharge is denied.Make the letter concise — usually no longer than two pages. If possible, it should betyped, and where applicable, on letterhead indicating title and organizational affiliation. Ifit is convenient, it helps to have the letter notarized.Address the letter to “Commanding Officer of [applicant’s name]” but send it to theapplicant to include in the request for discharge. Please keep a copy for your records.