Separation due to the responsibilities of parenthood is covered under paragraph 5-8, AR 635-200, “Involuntary Separation Due to Parenthood.” IAW this paragraph, Soldiers will be considered for involuntary separation when the obligations of parenthood interfere with fulfillment of military responsibilities.
Specific reasons for separation under this paragraph include, but are not limited to:
- Inability to perform prescribed duties satisfactorily.
- Repeated absenteeism.
- Repeated tardiness.
- Inability to participate in field training exercises or perform special duties such as CQ and staff duty noncommissioned officer (NCO).
- Non-availability for worldwide assignment or deployment according to the needs of the Army.
Separation is not mandatory. If the command determines that they can work with the Soldier’s situation, then the command may decide not to separate. I have also seen units that decide if a Soldier is within 12 months of their ETS date, they will not separate the Soldier early, but work with that Soldier to complete their contract. This normally occurs when the unit is not on a rotation schedule for say NTC or JRTC before the Soldier’s ETS.
Separation for parenthood is one of the chapters that Soldiers in the past have used to “work the system” to get out of their military contract. Because of this, units are more cautious when initiating this chapter. In the legal offices that I have worked in, we make it a requirement for the unit 1SG or Commander to verify the conditions that the Soldier stated in his Family Care Counseling Packet. For example, if the Soldier states that their spouse left them with the children and the Soldier’s parents or siblings are unable/unwilling to care for the children if the Soldier gets deployed, the 1SG or Commander must submit a signed statement that they verified the information by personally contacting the Soldier’s relatives.
Normally though, if the Soldier can not come up with a valid Family Care Plan within 30 days of being formally counseled that a plan is required, the unit will initiate and separate the Soldier. Separation under this chapter will be characterized as honorable and the Soldier may be entitled to separation pay dependent upon their length of service.
See paragraph 5-5, AR 600-20 for the requirements pertaining to a valid Family Care Plan.
Refer to paragraph 5-8, AR 635-200 for the requirements pertaining to Involuntary Separation Due to Parenthood.
I hope this helps.
Disclaimer: I am not an attorney and any views presented are my own and are not to be
interpreted as legal advice. Furthermore, my views do not necessarily
represent the views of DoD or its Components.
Comments
Most Wanted
Me and my wife are dual military and she is currently pregnant. Neither of us have family members that would be able to take our child if anything were to come up ie deployment. My wife does not want to be separated from the military but I would be willing to voulnter for the purpose of my childern. Is this possible and if so what steps need to be taken?
Eck
I have had this issue a few times in the past. Of course your wife can separate voluntarily due to the pregnancy under chapter 8.
Since your wife does not want to separate either or both of you can be separated if you do not have a family care plan after the child is born. Neither of you qualify for separation under chapter 5-8 until the child is born.
Now, once the child is born, the following issues need to be considered.
1. Since both of you are military, you will both be required to submit a valid family care plan. If both of you cannot, then you both can be separated. Your wife’s family care plan cannot be you taking care of the child since you are still active. You would not be a valid care provider unless you are already separated. A spouse anticipating separation is not a valid provider. (Does this make sense?)
2. Do both of you fall under the same separation authority? (Special Court-Martial Convening Authority – Brigade (O-6) Commander). If so, then if your command supports you being separated and retaining your wife, then this can be coordinated through your chain of command up to the separation authority.
3. If you are under different separation authorities, then it may be more difficult to accomplish this coordination. Both commands could process each of you for separation. However, I have found, that most commands will support the wishes of the dual military spouses if both Soldiers have a solid record and no disciplinary actions.
4. Of course, you will both have to prove that extended family members are either unavailable, unwilling, unable, or unsuitable to care for your child in your absence.
The key thing is to be upfront and communicate your wishes with your chain of command now. Do not wait until the child is born and drop it on them at the last minute when you are required to come up with a family care plan. Let the command know that you do not anticipate being able to come up with valid family care plan once the child is born and it is you and your wife’s desire that she be allowed to continue her service and you be separated. This will also be easier if she outranks you or has a better career path.
I hope you found this useful.
Eck
Disclaimer: I am not an attorney and any views presented are my own and are not to be interpreted as legal advice. Furthermore, my views do not necessarily represent the views of DoD or its Components.
Part-Time-Commander
Good information about the Family Care Plan and voluntary separation, ECK. Thanks for sharing your wisdom.
Chuck