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Need to know how to get a hardship discharge started,

Customer Question
Need to know how...

Need to know how to get a hardship discharge started

Lawyer's Assistant: Are you overseas or stateside?

Stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Not yet wanted to know what to do and how to do it before I started it

Submitted: 6 months ago.Category: Military Law
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Answered in 28 minutes by:
1/2/2018
Military Lawyer: Marsha411JD, Lawyer replied 6 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,932
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

In order to assist you I will need to know what Branch of Service you are in, your time in service, rank and the basis for the hardship discharge. Thank you

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Customer reply replied 6 months ago
Branch of service is usmc been just got out of soi and to my unit so total about 7 or 8 months pfc private first class my mother and brother and sissters cant provide for themselves sutch as a stable supply of food and housing tried sending them money to get them back on there feet but its just temporarily helps untill they run out
Military Lawyer: Marsha411JD, Lawyer replied 6 months ago

Thank you for your reply. I can't say whether or not your situation would even qualify and is likely doubtful if you can't prove that this is your only option (for example why going home would result in changing their situation versus sending money to them or them supporting themselves or applying for Government aid, etc.). So, I just can't guess. However, below is the section of the MARCORPSMAN that applies and what you need to do to apply.

You will start by telling your reporting senior what your situation is and that you are going to request a hardship discharge. Then you follow the directives below.

Please feel free to ask for clarification if needed. If none is needed, then if you could respond to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

6407. DEPENDENCY OR HARDSHIP

1. General. The CMC and the GCMCA may direct the separation of enlisted Marines for dependency or hardship. Applications from Marines who have been granted temporary additional duty with a unit for the purpose of applying for this type of separation will be forwarded to the CMC (MMSR-3) for consideration. Marines granted Permissive Temporary Additional Duty (PTAD) to a unit for humanitarian reasons and subsequently request a hardship discharge will continue to submit this request to the CMC (MMEA 86) for consideration per paragraph 1301 of MCO P1000.6G (ACTSMAN). The CMC (MMEA 86 and MMSR-3) will determine if the request meets humanitarian/hardship discharge criteria. The GCMCA will consider applications from Marines at their parent command; these applications are not reviewed or considered by CMC.

2. Criteria. Separation may be directed when genuine dependency or undue hardship exists under the following circumstances:

a. The hardship or dependency is not temporary;

b. Conditions have arisen, or have aggravated, to an excessive degree since entry into the Marine Corps and the Marine has made every effort to remedy the situation;

c. The administrative separation will eliminate or materially alleviate the condition; and

d. There are no other means of alleviation reasonably available.

3. Undue hardship does not necessarily exist because of altered present or expected income, family separation, or other inconveniences normally incident to military service.

a. Separation will not be authorized for personal convenience alone; when the Marine requires medical treatment; or solely by reason of the Marine's wife being pregnant.

b. Separation will not be disapproved solely because the Marine's services are needed in the unit or because the Marine is indebted to the Government or to an individual. All attempts should be made to collect the debt before separation, if this will not place further hardship on the Marine.

4. Application. The Marine's request consists of two parts, a statement of the circumstances and substantiating documentation, as explained below.

a. The Marine must submit a statement containing the following:

(1) Reason for Request. The clearer the "picture" of the situation the Marine provides, the greater the likelihood a proper decision will be made. It would be helpful to address the criteria in paragraph 6407.2;

(2) Complete home address of the family member and the Marine;

(3) The Marine's marital status, date of marriage, and number of family members;

(4) Names and addresses of persons familiar with the situation;

(5) Names, ages, addresses, and occupations of all immediate family members and reasons why they cannot provide the necessary help (if deceased indicate date of death); and

(6) If the request is based on the financial difficulties of a Marine's family member(s), provide statements of both income and expenses, and assets and liabilities of that (those) family member(s). Assets will include a listing of all property, securities, and funds owned except clothing and household furnishings. For this type of request, also provide a statement of the Marine's own financial obligations including specific amounts and methods of past and current contributions/allotments to the family member(s).

b. The Marine must submit substantiating documentation as enclosures to the request.

(1) Where practicable, statements must be submitted from the family members concerned. If applicable, indicate the status of parents (unmarried, divorced or widowed). The intent is on quality of information provided, not quantity.

(2) If dependency or hardship is the result of a family member's death, provide a certificate or other proof.

(3) If dependency or hardship is the result of a family member's disability, provide a doctor's statement showing when the disability occurred, the nature of the disability, probable duration, and the requirement for the service member to medically assist the family member.

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Military Lawyer: Marsha411JD, Lawyer replied 6 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 2nd. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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