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Posted
I have a question i need a black and white answer to. My wife is being chaptered on a INVOLUNTARY family care plan chapter. She re-enlisted a while back and they are telling her she has to pay her bonus back. I can find in the regs that if it were a voluntary chapter yes she would have to pay it back. could someone PLEASE give me a Yes or No on this with refrences that i can show others if it is a no she doesnt have to pay it back or a reference for yes she does? Thank you for your help

Jon
 
Posts: 2 | Location: Bagram AFGANISTAN | Registered: 04 March 2008Reply With QuoteReport This Post
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Did you ever get an answer to this question? I am going through the same thing right now. Any help anyone can give me will be greatly appreciated!!
 
Posts: 5 | Registered: 20 January 2009Reply With QuoteReport This Post


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Is she married to a Soldier (you)?

Failure to produce the required family care plan within the time periods required can result in involuntary separation from the military by reason of parenthood in accordance with DOD Directive 1332.14 (enlisted) or DOD Directive 1332.30 (officers).

DoD Directive 1332.14
E3.A1.1.3.4.5. Parenthood. A member may be separated by reason of parenthood if as a result thereof it is determined under the guidance set forth in paragraph E3.A2.1.1. of Part 2 that the member is unable satisfactorily to perform his or her duties or is unavailable for worldwide assignment or deployment. Prior to involuntary separation under this provision, the Notification Procedure (paragraph E3.A3.1.2. of Part 3) shall be used. Separation processing may not be initiated until the member has been counseled formally concerning deficiencies and has been afforded an opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records.

AR 635-200, Chapter 6, paragraph 6-3b(1)
Parenthood of married soldiers. A married soldier who becomes a parent by birth, adoption, or marriage (stepparent) 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 (see para 6–7b(5)) that the roles of parent and soldier are incompatible and that the soldier cannot fulfill his/her military obligation without neglecting the child or children.


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Posts: 7302 | Location: Fort McPherson, GA (FORSCOM) | Registered: 31 December 2004Reply With QuoteReport This Post

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If you are dual military then you can apply for a hardship chapter, "Hardship chapter for dual military couple due to parenthood" but if you are not dual military she will probobly have to pay the bonus back
 
Posts: 2 | Location: Bagram AFGANISTAN | Registered: 04 March 2008Reply With QuoteReport This Post
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