Hardship/Dependency Example
PVT Snuffy, I am counseling you in regard to your request for voluntary separation and to inform you of the circumstances that are required to be met in order to be separated prior to your contract end date IAW AR 635-200, Chapter 6, Section 3, Criteria.
6-3 Criteria:
Soldiers may be discharged or released from active duty because of genuine dependency or hardship (see para 6-10). Discharge or REFRAD under this chapter should only be approved when the dependency or hardship can only be materially alleviated or eliminated by the discharge or REFRAD of the Soldier. Unless otherwise provided in this chapter, the burden is on the Soldier to prove the dependency or hardship and that discharge or REFRAD is in the best interest of the Soldier and the Army.
a. Dependency. Dependency exists when death of a member of a Soldier's (or spouse's) immediate Family or disability of a member of a Soldier's (or spouse's) immediate Family causes the Soldier's (or spouse's) immediate Family to rely upon the Soldier for principal care or support (see para 6-5 for definition of Soldier's "immediate Family") and such care or support cannot be provided while on active duty in the Army.
b. Hardship. Hardship exists in cases, not involving death or disability of a member of the Soldier's (or spouse's) immediate Family, that causes the Soldier's (or spouse's) immediate Family to rely upon the Soldier for principal care or support (see para 6-5 for definition of Soldier's "immediate Family") and such care or support cannot be provided while on active duty in the Army.
c. Special considerations.
(1) Parenthood of married Soldiers. A married Soldier who becomes a parent by birth, adoption, or marriage (step parent) and whose child (or children) is less than 18 years of age and resides within the household, may apply for separation under hardship. The Soldier must submit evidence that the roles of parent and Soldier are clearly incompatible and that the Soldier cannot adequately fulfill his or her military obligation without neglecting the child or children (see para 6-7b(5)).
(2) Sole parents. Soldiers who are sole parents and whose children are under 18 years of age and reside within the household, may apply for separation under hardship. A "sole parent" is defined as a parent who is single by reason of never having been married, who is divorced or legally separated and has been awarded child custody by judicial decree or court order, or who is a widow/widower.
Based on information that you provided to your squad leader and myself, you will be unable to institute an effective Family Care Plan which will hinder your abilities to perform basic soldiering tasks IAW AR 600-20, Chapter 5, Section 3, Family Care Plans. Due to this knowledge and your wishes, I am recommending you for voluntary separation from Active-Duty service prior to your first contract end date.
