1Ol!fh Corl'gress '~]'04th Congress 104th Congress i US D 101.6/5: C 76/2/995 January 1995 Dear Staffer: This guide has been prepared to help with matters presented by your constituents. The information presented is a summary ofthe policies pertaining to subjects most frequently directed to the Army. I extend my commitment to provide you assistance regarding Army issues. My staff and I look forward to working with you and hope you will find this book helpful. Sincerely, ~ ajor eral, onU.S. Army ChiefofLegislative Liaison ,.J ' •. '-,~" •. "' ,: ~ 1.' :,_, ,. ; I -. .. )".": IINTRODUCTION I The ChiefofLegislative Liaison is responsible for providing liaison between the Army and Congress. Several divisions within Army Liaison perform this important work. The Legislative Liaison offices and their areas of responsibility are explained briefly to assist you in determining where your questions should be directed. Congressional inquiries pertaining to your constituents should include the following information: Privacy Release Constituent's Full Name Social Security Number Military Address House and Senate Liaison Divisions The House and Senate Liaison Divisions provide personal and telephonic liaison on matters requiring an urgent reply and can assist you in making a decision on how your constituent's inquiry should be processed. HOUSE Room B-325 Rayburn Building (202) 225-3853/6818 SENATE Room 183 Russell Building (202) 224-2881/2882 EMERGENCIES Nights, Weekends, and Holidays Army Operations Center (AOC) (703) 697-0218 lll Congressional Inquiry Division Programs Division Investigations and Legislative Division The Congressional Inquiry Division is located in the Pentagon and processes all written inquiries. The division is organized so that a civilian action officer and a military officer handle inquiries for a particular group of states. (703) 697-8381/9446 Address written inquiries to: OFFICE OF THE CIDEF LEGISLATIVE LIAISON 1600 ARMY PENTAGON WASHINGTON, DC 20310-1600 Courier service from Capitol Hill to the Army is avail able each weekday. Letters may be delivered to the Senate or House Liaison Division Offices for courier delivery. Telecopier service is available 24 hours a day (703) 697-6988/3847. To verify receipt, call (703) 6959190. The Programs Division coordinates the Army's role in the Congressional authorization process. It provides liaison between Congress and the Army leadership on matters pertaining to the following Army programs: Procurement; Research, Development, and Testing; Manpower and Personnel; Strategic Policy; Intelligence and Security; Military Construction and Real Estate; Installation Activities; Environmental and Chemical; Base Closures; Force Structure; Active Army, Army Reserve and National Guard Bureau Policies. (703) 695-4854/ 4828. The Investigations and Legislative Division responds to all legislative initiatives on behalf ofthe Army and provides military and civilian attorneys to monitor and participate in all relevant Congressional investigations. The division provides a designated legislative counsel for each legislative proposal and each hearing in which testimony is being given by Army witnesses. Responsible for required Department ofthe Army confirmations, and liaison with Congress on acquisition policy; morale, welfare and recreation matters; and environmental issues. (703) 697-6856/2106 lV Recruiting Program Assignments TABLE OF CONTENTS Enlistment Agreement Non-Prior Service Enlistment Standards Prior Service Enlistment Standards Reentry Codes Delayed Entry Program Waivers to Enlist Enlistment ofWomen Educational Credentials Officer Accessions United States Military Academy (USMA) U.S. Army Senior ROTC (Reserve Officers' Training Corps) Officer Candidate School (OCS) Direct Appointment Warrant Officer Appointments Army Health Professions Scholarship Program Uniformed Services University ofHealth Sciences (USUHS) School ofMedicine Compassionate Requests Attachment Pregnancy Deferment Married Army Couples Program Sole Parents Homebase/Advance Assignment Program Army Exceptional Family Member Program Overseas Travel ofFamily Members Passports 1 2 2 3 5 5 5 5 6 6 8 9 10 11 12 13 14 16 16 16 16 17 17 18 19 Emergency Situations Army Community Services Identification and Privilege Card Money Matters Emergency Notification 21 Hospitalized Soldiers 21 Next ofKin Travel Authorization 22 Death/Missing 22 Emergency Leave 22 Soldiers Stationed Overseas 22 Soldiers Stationed in the United States 23 Red Cross Assistance 23 Leave Extensions 24 Personnel Assistance Points 24 Threat to Life 25 Information, Referral, and Follow-Up Program 26 Consumer Affairs and Financial Assistance Program 26 Exceptional Family Member Program 27 Army Family Advocacy Program 27 Family Member Employment Assistance Program 28 Foster Care 29 Relocation Assistance Program 29 Outreach Program 30 Spouses 31 Children 32 Parents 33 Others 34 Basic Pay 35 Basic Allowance for Quarters 35 Basic Allowance for Subsistence 35 Family Separation Allowance 35 Special Pays 35 Hazardous Duty Incentive Pays 35 Station Allowances 36 Uniform Allowance 36 Advance Pay 36 Casual Pay 36 Local Pay 36 Variable Housing Allowance 36 V1 Medical and Health Care Variable Separation Incentive/ Special Separation Benefit 36 (VSI/SSB) Involuntary Separation Pay (AR 635-100) 37 Initial Active Duty Training 37 Inactive Duty for Training 37 Annual Training 38 Active Duty for Training 38 Active Duty for Special Work 38 Active Guard Reserve 39 39 Indebtedness Remission or Cancellation of 40 Indebtedness Survivor Benefit Plan (SBP) 40 Army Emergency Relief (AER) 41 Nonsupport 41 Wage Assignments, Garnishments and Involuntary Allotments 43 Child Custody 43 44 Paternity Additional Information Regarding Family Support, Child Custody, or Paternity 45 Involuntary Allotments for Judgment Indebtedness 45 Eligibility 47 Coverage 47 48 CHAMPUS 48 Deductibles Third Party Collection Program 48 Gateway to Care 48 Records Inpatient Records 49 Outpatient Records 49 Access to Records 49 49 TRICARE "Mystery Illnesses" Desert Shield/Desert Storm (ODS/OS) 50 Radiation Experiments Command 51 (RECC) Vll Military Justice Inspector General Request System Enlisted Separations Nonjudicial Punishment (Article 15) 53 Courts-Martial: Forwarding ofCharges 54 Levels ofCourts-Martial 54 Summary Court-Martial 54 Special Court-Martial 55 General Court-Martial 56 Pretrial Confinement 56 Action by the Convening Authority 57 Appellate Review 57 Other Review and Clemency Actions 58 Army Clemency and Parole Board 58 When to Consult the Inspector General (IG) 59 Congressional Inquiries 60 FOR ASSISTANCE 60 Hardship or Dependency Separation 61 Hardship 61 Dependency 62 Exceptions to Policy 62 Sole Survivors 62 Pregnancy 63 AR 635-200, Chapter 8 63 Separation for Medical Conditions which Existed Prior to Service 63 Involuntary Separation Due to Parenthood 64 Fraudulent Entry 64 Separation for Alcohol or Drug Abuse 64 Discharge for the Good ofthe Service 64 Entry Level Performance and Conduct 65 Separation for Unsatisfactory · Performance 65 Misconduct Convictions by Civil Court after Entry on Active Duty 66 Vlll Physical Disability System Army Review Boards Awards and Decorations Interment Notes & Numbers Appendixes Acts or Patterns ofMisconduct 66 Homosexuality 66 Bar to Reenlistment 66 Army Bar to Reenlistment 66 Field Commander's Bar to Reenlistment 67 Reenlistment 67 68 Army Discharge Review Board 72 Army Board for Correction of Military Records (ABCMR) 73 81 Arlington National Cemetery 84 Eligibility for Interment 84 The Columbarium 85 Unmarked Areas for Ashes 86 Other National Cemeteries 86 Military Honors 86 Limitations 88 89 Community Activities A-1 Publications B-1 Surpl\ls Property C-1 Official Military Personnel Files D-1 Reentry Codes E-1 Army Acronyms F-1 Discharge Benefits Administered by the Army G-1 Map: Major Installations in the United States H-1 lX ARMY RECRUITING PATCH Enlistment Agreement IRECRUITING PROGRAM I The United States Army Recruiting Command has the responsibility of recruiting applicants and determining their eligibility and qualifications for enlistment. Enlistment is permitted only after applicants meet the qualification standards. Soldiers sign an enlistment contract when they enlist or reenlist. The purpose ofthe contract is to ensure that guarantees promised by the Army are upheld in return for service rendered by the soldier. These guarantees include such options as station ofchoice, training ofchoice, and enlistment incentives (education and monetary bonuses). The Army recruiter explains the nature and availability of enlistment options to an applicant so the applicant is aware ofwhat the commitment involves. The availability ofenlistment options is dependent on current Army requirements and is subject to change at any time. The Army guidance counselor, located at the Military Entrance Processing Station (MEPS), determines whether the applicant is qualified for the desired enlistment option. Eligibility is determined by the applicant's qualifications based upon aptitude test scores, education level, moral qualifications, and a medical examination. Ifthe applicant is determined qualified, the enlistment agreement is completed and signed. When a soldier believes that the Army has not met the provisions ofthe enlistment agreement, a claim ofunfulfilled enlistment commitment/erroneous enlistment should be forwarded through his/her chain ofcommand to: Commander United States Total Army Personnel Command ATTN: TAPC-EPT-S 2461 Eisenhower Avenue Alexandria, Virginia 22331-0400 Non-Prior Service Enlistment Standards Prior Service Enlistment Standards The basic enlistment criteria are designed to obtain the quantity and quality ofenlistees needed to fill skill, leadership, and career progression positions. Age: Be 17 (with signed parental consent) but not have reached 35th birthday (statutory) prior to Active duty departure date. Citizenship: Be a citizen, national, or alien who is lawfully admitted to the United States for permanent residence. Enlistees may not possess dual citizenship. Test: Achieve qualifying scores on the Armed Services Vocational Aptitude Battery, which includes the Armed Forces Qualification Test. This test will determine basic eligibility to enlist and specific options/training available to an individual. Education: Applicants must be high school graduates or the equivalent and meet the educational requirements ofthe specific enlistment option for which enlisting. Medical: Meet procurement medical fitness standards and meet any additional medical requirements of the specific option for which enlisting. Dependents: Have no more than three dependents (applicants without a spouse with one or more dependents under 18 years of age are disqualified). Other: Meet other moral and administrative requirements. The reenlistment eligibility criteria complement the active duty reenlistment and non-prior service enlistment programs by identifying individuals to fill skills and grades required. Age: Be 17 (with signed parental consent) or no older than 3 5 plus the number ofyears ofprior active honorable service. Reentry Codes Citizenship: Be a citizen, national, or alien who is lawfully admitted to the United States for permanent residence. Must be a United States citizen to go beyond seven years of service. Test: Meet aptitude area requirements ofthree scores of90 or above on the Armed Services Vocational Aptitude Battery. Education: Possess a high school diploma or a General Educational Development (GED) Certificate obtained during or prior to initial service. Medical: Meet retention standards if separated for less than six months. If separated more than six months, meet procurement standards (except weight, must meet retention weight standards). Dependents: Regardless ofthe number ofdependents, a waiver is not required for enlistment in the Regular Army or Army Reserve for an applicant with a spouse whose entry pay grade will be E4 or higher. For enlistment in the Regular Army, an applicant with a spouse is qualified without a waiver ifentry pay grade will be E5 or higher, or E4 if the applicant has at least two years ofprevious active military service. Additionally, ifthe entry pay grade is E3 or below and the applicant with a spouse has no more than two additional dependents, no waiver is required. All other applicants must have their eligibility determined by recruiting officials. Waiver requests are considered in some cases. Reentry Eligibility Code (RE Code): Enlisted personnel separated from any Regular Component ofthe Services (Army, Navy, Marines, or Air Force) and those separated from the Army Reserve and Army National Guard (ARNG) are assigned RE codes to indicate their eligibility to reenter the branch of service from which separated. The Army cannot change or explain why another Service assigns a particular code. Questions concerning the assignment ofa code should be addressed to the discharging Service. Questions regarding RE codes assigned by the ARNG should be addressed to the Adjutant General's office for the State in which separated. Basically, the Army has three types ofRE codes, fully qualifying, disqualifying (waivable), and disqualifying (not waivable). Refer to Appendix F-1 for a complete listing ofArmy RE codes. Other: Meet other moral and administrative requirements. Recruiting personnel have responsibility for initially determining whether an individual meets enlistment criteria and ifwaiver consideration is appropriate. The individual should contact the nearest Army recruiting station for assistance in determining his/her current eligibility for enlistment in the Army. Applicants should bring all discharge papers, specifically, Certificate of Release or Discharge from Active Duty, DD Form 214. The RE code will not be changed unless it was in error at the .time of separation/ discharge. If an individual feels that his/her RE code was assigned incorrectly, he/she should submit a letter requesting a determination ofhis/ her RE code, with a copy ofhis/her DD Form 214, to the Commander, United States Army Total Personnel Command, ATTN: TAPC-EPR-R, 2461 Eisenhower Avenue, Alexandria, VA 22331-0451. Upon receipt, his/her official military records will be evaluated thoroughly and he/she will be advised ofthe appropriate RE code. If recruiting officials are unable to determine an enlistment eligibility or the reason a soldier was assigned the specific RE code, he/she may write to: Commander United States Total Army Personnel Command ATTN: TAPC-EPR-R 2461 Eisenhower Avenue Alexandria, VA 22331-0451 Delayed Entry Program (DEP) Waivers to Enlist Enlistment of Women Educational Credentials The DEP provides for recruitment ofapplicants up to 365 days prior to actual entry on active duty. Enlistment in the Army's DEP constitutes a legally binding contract between the Army and the individual. However, members ofthe DEP may be discharged for exceptional reasons such as family hardship, acceptance ofa college scholarship, or failure to remain qualified for enlistment. To be considered for discharge from the DEP, applicants must submit to their recruiter a detailed statement oftheir reasons for requesting discharge. Current regulations require an interview be conducted by a commissioned officer. Members ofthe United States Army Reserve (USAR) do not enter the DEP; they become members of a USAR unit. The USAR unit is the separation authority. No action on a request for a waiver can be taken unless it is submitted by a recruiting official. Recruiters have been delegated the authority to determine, from personal interview and examination, whether an individual is qualified for enlistment and whether a case is sufficiently meritorious to be considered for a waiver. However, recruiters may not request a medical waiver unless the chief medical officer at the Military Entrance Processing Station recommends that the medical condition be waived. Current national and Army assignment policies limit the assignment ofwomen to positions having a low probability of direct involvement in combat. As a consequence, the Army will enlist fewer women than men. At this time, we are able to meet the Army's requirements for female accessions by accepting only those applicants who have both a higher probability ofcompleting their initial enlistment, as indicated by a high school diploma or its equivalent, and the required aptitude for service based on an individual's Armed Forces Qualification Test score. For Army enlistment purposes, the following educational credentials are defined as "Tier 1," equivalent to a high school diploma: a. A diploma issued to an individual who has attended and completed a 12-year or grade day program of Officer Accessions United States Military Academy (USMA) classroom instruction. The diploma must be issued from the school where the individual completed the program requirements. b. A secondary school diploma awarded on the basis ofattending and completing an adult education or external diploma program, regardless ofwhether the diploma was issued by a secondary or postsecondary educational institution. The diploma must have been issued as a result ofattendance; not issued solely on the basis ofa test. (Accordingly, the General Educational Development (GED) certificate is not considered equivalent for Army enlistment purposes. It is considered "Tier 2. ") c. Successful completion ofat least 15 semester hours (or 22 quarter hours, or 675 clock hours) ofcollege level credit from an educational institution that maintains accreditation in the current Accredited Institution of Postsecondary Education Book. (Credit that is earned through testing or for the pursuit of high school completion is considered "Tier 2".) The Army's recruiting and enlistment policies seek to provide the best quality Army, at the least possible cost, by enlisting those men and women who have the greatest aptitude for military service and the highest probability of successfully completing an enlistment. Soldiers who are not high school graduates (including those who possess GED certificates) fail to complete their initial term ofenlistment at a rate nearly twice that of high school graduates. At the same time, the Armed Forces Qualification Test (AFQT) is the primary indicator ofaptitude for military training. The Deputy Chief of Staff for Personnel is responsible for the accession ofArmy officers onto active duty. With the exception ofMedical, Staff Judge Advocate and Chaplain Corps, the Commander, Total Army Personnel Command (PERSCOM) is responsible for management ofthe accession programs. Admission to West Point is gained through a unique system ofnomination, qualification and selection. A nomination is the legal authority for the Military Academy to consider a candidate for admission. Those authorized to nominate individuals for appointments to USMA include the Vice President, Members ofCongress, the delegate to the House ofRepresentatives from Washington, DC, the Commissioners-Governors ofPuerto Rico, Guam and the Virgin Islands, and the Department ofthe Army. Each Senator and Representative may have five enrolled cadets at the Military Academy. They may nominate up to ten candidates to compete for each vacancy. Candidates found fully qualified for admission but not selected for the specified vacancy for which they were originally nominated are placed on a national waiting list. Each year several hundred candidates are offered admission from this list. Applicants for West Point must meet certain basic requirements specified by public law. Each will also be evaluated for qualifications in three areas: academics, physical aptitude, and medical. Briefly, these are: Basic Requirements: Applicants must be a citizen ofthe United States, at least 17 and not yet 22 years ofage on July 1st of the year they seek admission. Applicants must not be married, pregnant, nor have legal obligation to support a child or children. Academic Requirements: Applicants must provide com plete scholastic transcripts (to include college) and extracurricular record, the results oftheir ACT or SAT and the recommendations oftheir high school faculty. Leadership, community, extracurricular and athletic involvement are also considered in the overall evaluation. Physical Aptitude Qualifications: A Physical Aptitude Examination is required. This, along with an applicant's extracurricular record and recommendations, are used to determine physical aptitude qualifications. Medical Qualifications: Each applicant must complete a Department ofDefense qualifying medical examination. Qualified nominated outstanding candidates will be offered admission as their records become complete. Admission files must be completed by mid-March ofthe year of application. Students generally report in late June. Upon graduation, students will be awarded a Bachelor of Science U.S. Army Senior ROTC (Reserve Officers' Training Corps) degree and a commission in the United States Army. USMA graduates are obligated to serve six years on active duty and two years in an inactive reserve status. West Point uses a pre-application system. Interested parties should begin at least in their junior year ofhigh school and may obtain more information by writing: Admissions Office U.S. Military Academy 606 Thayer Road West Point, NY 10996-1797 (914) 938-4041 Army ROTC offers a program ofinstruction at over 300 colleges and universities throughout the United States and its territories. The program is designed to parallel the academic instruction at the university and, upon completion of a baccalaureate degree, the student may receive a commission in the United States Army. Not all ROTC graduates will receive active duty. Some ROTC students may be guaranteed Reserve Forces Duty (RFD) with the U.S. Army Reserve or Army National Guard. During the Basic Course (freshman and sophomore years) any student may take Army ROTC as an additional academic course. To participate in the Advanced Course Gunior and senior years), qualified applicants must contract with ROTC and pass a medical examination. Four-and three-year scholarship recipients must successfully complete those courses. Advanced Course students must attend a six-week summer camp (nursing students attend a six-week nurse summer training program). Persons desiring to enter ROTC after freshman year may be required to attend a six week basic camp to learn the skills taught in the Basic Course. Upon entering the Advanced Course all contract students (scholarship and nonscholarship) will receive a monthly stipend (presently $100, scheduled to increase to $150 in 1995). The Army ROTC Financial Assistance (Scholarship), Program offers awards in the form offour-, three-, and two-year scholarships. Recipients receive tuition assistance, mandatory educational fees, and a flat rate Officer Candidate School (OCS) for the purchase ofbooks, supplies, and equipment. Individuals also receive an annually established amount for miscellaneous fees. Additionally, a $100 a month (scheduled to increase to $150 a month in 1995) subsistence allowance, up to ten months a year, is granted for each academic year the scholarship is in effect. Four-year scholarships are awarded to qualified high school seniors who will be attending college full-time. Selection is based on a whole person score comprised of the student's college board scores; class rank; school officials' evaluations; leadership, extracurricular, and athletic activities; and, if selected as a finalist, results of a personal interview, and Physical Aptitude Examination. Three-year and two-year ROTC scholarships are awarded to advancing college freshmen and sophomores. Selection is based on such factors as college board scores, college academic achievement, extracurricular, and athletic activities; and if selected as a finalist, results ofa personal interview, Physical Aptitude Examination, and nomination by an Army ROTC host institution. Enlisted active duty soldiers may also compete for Army ROTC scholarships if qualified. Application for the program may be made through the: U.S. Army Cadet Command Army ROTC Scholarship Programs ATTN: ATCC-PS Fort Monroe, VA 23651-5000 Officer Candidate School is a 14 week, branch immaterial, officer training program taught at Fort Benning, Georgia. It is primarily designed to provide a means for highly qualified active duty soldiers to receive a commission; however, up to 50 civilian personnel a year may be recruited by the U.S. Army Recruiting Command for the OCS College Option Program. The College Option Program enables civilians with a four-year degree to enlist in the Army for OCS. The Recruiting Command has established selection panels Direct Appointment to review all applications for OCS. The goal is to access no more than 50 officer candidates per year through this program. Selectees must complete Basic Training prior to attending OCS. The Enlisted In-service Program allows active Army warrant officers and enlisted members who have completed Advanced Individual Training (AIT) to apply. Applications are reviewed by a selection panel at the Total Army Personnel Command. Both programs require an individual to meet the following minimum requirements: United States Citizen 60 Semester hours ofcollege (Enlisted In-Service Program) or Baccalaureate Degree (College Option Program) At least 18 years old but less than 30 years old Possess a General Test (GT) score of 110 or higher Score 90 or above on the Officer Selection Battery (OSB) Test Pass the Army Physical Fitness Test (APFT) Be ofgood morale character Have a favorable security records review Meet medical standards for officer candidates Meet Army height/weight standards Direct Appointment is primarily used as a means to access highly qualified professionals such as those with medical, legal, and chaplain specialties into the Army. An individual must have completed an advanced academic degree in a field needed by the Army. Grade/rank of appointment will depend upon the experience and education ofthe individual. For more information contact: Warrant Officer Appointments Medical Specialties -The U.S. Army Health Professional Support Agency ATTN: SGPS-PD 5109 Leesburg Pike Falls Church, VA 22041-3258 (703) 756-8138 Judge Advocate -The Judge Advocate Recruiting and Replacement Services 8930 Franklin Road Fort Belvoir, VA 22060-5223 (703) 806-5231/6230 Chaplain -The U.S. Army Chaplaincy Services Support Agency ATTN: CHSA-ZB 2750 Pentagon Washington, DC 20310-2750 (703) 693-2361 Warrant officers are appointed through a combination ofin-service programs and recruitment ofcivilians according to the needs ofthe Army. All technical specialists (non-aviation specialties) are selected from within the Army enlisted ranks. Aviation warrant officers are selected from approximately 60 percent in-service and 40 percent civilian enlistments. The U.S. Army Recruiting Command has total responsibility for warrant officer recruiting. Warrant officer candidates must attend a six-week Warrant Officer Candidate School (WOCS) at Fort Rucker, Alabama. Upon completion ofWOCS, the individual is appointed a warrant officer, grade W-1. Following the WOCS, they will attend a Warrant Officer Basic Course (WOBC) for his/her particular specialty which provides functional training and reinforces the leadership training provided in woes. Warrant Officer Flight Training (WOFT) applicants must be at least high school diploma graduates and preferably have two years of college. They must undergo a complete Class I flight physical and must not be over Army Health Professions Scholarship Program 76 inches or less than 63 inches in height (sitting height not to exceed 40 inches). Additionally, they must successfully complete all aptitude tests. Applicants must be evaluated by a U.S. Army Recruiting Command review board prior to an applicant's 29th birthday. (Waivers, while not normally approved, will be considered for exceptional circumstances.) The Army Health Professions Scholarship Program offers financial support to students in the health professions and permits them to be commissioned as an officer in the Army Reserve. While completing school, the recipient receives tuition, books, and a stipend for ten and one-half months each year, plus the pay and allowances ofa second lieutenant during an annual45-day active duty for training period. Application for the program may be made through regional Army Medical Department (AMEDD) Office counselors. (Northeast states include: CT, DE, DC, ME, MD, MA, NH, NJ, NY, PA (zip codes 17000 through 19999), RI, VT, VA (zip codes 22000 through 22399)) Northeast Regional Director Wembley Square, Suite 103 New Karner Road Albany, NY 12205 (Southeast states include: AL, AR, FL, GA, LA, MS, NC, SC, PR, TN, VA (zip codes 22400 and above), VI) Southeast Regional Director AMEDD Procurement ATTN: SGPS-PDO-AB Building 710 Fort Gillem, GA 30050-5000 (Western states include: OK, TX, CO, ID, UT, WY, MT, CZ, NV, lll, OR, WA, AK, NM, AZ, GU, CA) Uniformed Services University of the Health Sciences (USUHS) School of Medicine Western United States AMEDD Regional Office ATTN: SGPS-PDO-AD 8610 N. New Braunfels, #418 San Antonio, TX 78217-6356 (North Central states include: IL, IN, lA, KS, KY, MI, MN, MO, NE, ND~ SD, OH, PA (zip codes 15000 through 16999), WI, WV) AMEDD Procurement North Central Region-USAR ATTN: SGPS-PDO-AC 100 N. Waukegan Rd., Suite 100 Lake Bluff, IL 60044 The USUHS, Bethesda, Maryland, was founded for the purpose oftraining young men and women for careers as health care professionals in the Uniformed Services. Applicants must be citizens ofthe United States and must meet the physical and personal qualifications for a commission. They cannot be older than 27 years ofage as ofJune 30 ofthe year that they plan to enter the School of Medicine. For application forms write to: The American Medical College Application Service 2450 North Street, NW Suite 201 Washington, DC 20037-1131 (202) 828-0600 For more information about the Uniformed Services University write to: Admissions Office Uniformed Services University of the Health Sciences 4301 Jones Bridge Road, Room A1041 Bethesda, MD 20814-4799 (301) 295-3101 or (800) 772-1743 IASSIGNMENTS I PERSONNEL COMMAND PATCH Compassionate Requests The needs of the Army are the main consideration in selecting soldiers for reassignment. Consistent with these needs an attempt will be made to assign the soldier to his/her area of preference. When illness, death, or extreme and unusual circumstances necessitate the soldier's presence with his/her family and no other possibility exists for resolution offamily difficulties, he/she may be authorized worldwide reassignment to the nearest installation to his/her family provided a valid grade/military occupational specialty requirement exists near the soldier's problem. Approval authority for reassignment, when extreme family problems are a factor, rests with the Total Army Personnel Command (PERSCOM). Commanders have been delegated the authority to disapprove requests when they clearly do not meet the prerequisites for reassignment. Ifthe problem involves the health and welfare ofa family member, the affected person must be the spouse, child, parent, person in loco parentis, the only living blood relative ofthe soldier, or minor brothers or sisters (21 years ofage or younger). Other persons, including parents-in-law, may be considered ifthey are authorized dependents ofthe soldier and there are no other members ofthe spouse's family to help resolve the problem. Normally, approval is not granted to those requests where the conditions existed I at the time ofthe soldier's latest entry on active duty; ifthe problen:t is chroriic in nature or cannot be resolved within a reasonable period oftime (normally one year); or, ifthe problem can be resolved through the use ofleave, corresp~mdence, power ofattorney, or through the help of family members or other parties. Problems concerning compassionate reassignments must normally be resolvable within one year. The following· conditions normally warrant consideration: Recent death ofthe soldier's spouse or child. Terminal illness of a family member (life expectancy less than one year). Prolonged hospitalization ofa family member (90 days or more). Severe psychotic condition involving temporary hospitalization ofa spouse or child. Adoption cases in which the home study has been completed and the child is scheduled to be placed in the soldier's home within 90 days. (Adoption normally must have been initiated prior to assignment instructions being received.) Soldier's children made wards ofthe court as a result offamily separation. Inability to obtain off-post housing because of discrimination. The following conditions normally do not warrant approval: Death ofa family member other than spouse or child. Divorce or separation resulting from family separation because of military service. Psychoneurosis of a family member resulting from family separation due to military requirements. Pregnancies involving threatened miscarriage, breech birth, Caesarean section, or RH incompatibility. Minor allergies offamily members due to climatic conditions. Attachment Pregnancy Deferment Married Army Couples Program Sole Parents Problems relating to home ownership. Financial problems resulting from mismanagement. The recent award ofcustody ofa child to the soldier. Soldiers in an emergency leave status can apply for a compassionate reassignment/permissive attachment at the nearest Army installation or activity. Soldiers should present documentation showing the problem exists. Ifthe soldier is attached, he/she will remain attached until the request has been considered (normally 30 days). When a wife or soldier is in the eighth month ofpregnancy on the date the soldier is scheduled to depart for overseas duty, a pregnancy deferment can be approved by the installation commander. Under the Married Army Couples Program, both soldiers will be considered for a joint assignment at the time either of the two is nominated for reassignment. Soldiers must be enrolled in the program prior to receipt of assignment instructions. Enrollment is a simple process ofverifying that two soldiers are married to one another and then ensuring the information is forwarded to PERSCOM. Enrollment can be accomplished at the soldier's nearest Army personnel office. Once either ofthe soldiers is nominated for assignment, the other soldier is automatically considered for assignment to the same location. Requests will normally be approved when there is a need for the military skills ofboth soldiers in one area, career progression ofboth soldiers is not adversely affected, and the soldiers are eligible for the assignment. Sole parents or dual service couples with children are considered deployable and are expected to be available for duty as assigned. They are expected to plan for the care of Homebase/ Advance Assignment Program Army Exceptional Family Member Program their family in the event oftheir absence. A soldier may be involuntarily separated from the Army ifhe/she is unable to perform prescribed duties, is repeatedly absent from work, or is not available for worldwide assignment because of parenthood. All enlisted soldiers in rank of sergeant through master sergeant, and officers up through the rank oflieutenant colonel being assigned to a 12-month dependent-restricted short-tour area, will be notified oftheir homebase/advance assignment prior to departure from their current duty station. This program enables PERSCOM to recognize the exceptional family members ofa soldier and consider their special needs during assignment selection. Previously, this program was operated on a volunteer basis. As of August 1, 1986, the program was made mandatory and the data is revalidated every three years. Soldiers enroll in the program through their local Army medical treatment facility. When a soldier becomes eligible for assignment overseas, all his/her family members will be screened and, ifrequired, enrolled in the Exceptional Family Member Program. Once enrolled, the soldier's assignment is coordinated with the gaining command to determine ifthe required educational and/or medical services are available. Family travel decisions outside the continental United States will not be finalized for soldiers indicating their dependents require special needs unless the soldier is enrolled in the Exceptional Family Member Program or the gaining command is notified ofthese needs. When the needed services are not available at the gaining command, an alternate assignment will be considered based on existing assignment priorities. However, enrollment in the program does not guarantee a soldier will always receive an assignment compatible with the special needs ofhis/her family members: In addition, deletions and deferments from assignment instructions will not be granted solely for the purpose ofenrolling in the Exceptional Family Member Program. Overseas Travel of Family Members Soldiers may be assured PERSCOM maintains information provided on the Exceptional Family Member Program questionnaires in a secure manner. Assignment managers only know that the soldier is in the Exceptional Family Member Program and not the specific educational/medical problem. All soldiers being assigned to an overseas area where family members are authorized to reside may make application for concurrent travel and command sponsorship oftheir dependents. Normally, application should be made immediately after notification of reassignment. Overseas commanders control the entry offamily members into their commands. They authorize travel ofdependents to their commands either on a concurrent or deferred travel basis depending upon the availability of Government or economy housing. If housing will be available within 60 days, concurrent travel is authorized. If housing will be available from 61 to 140 days, deferred travel will be authorized. When suitable housing has been secured, either on the local economy or Government quarters, and the overseas commander approves, transportation for the dependents in a deferred status is granted. Relocation of families and unaccompanied baggage to a designated place is not authorized at Government expense. Dependent travel will be disapproved ifhousing will not be available within 140 days after the soldier's arrival in the overseas command. In such cases, the family members and household goods are authorized to be moved to a "designated location" in the continental United States. Once housing becomes available, family travel will be authorized to the overseas command. Soldiers who bring their family members into an overseas command and who receive command sponsorship serve a "With Dependents" tour. Those electing to serve overseas without their dependents serve an "All Others" tour which is shorter in length, for example, 24 months rather than 36 months (except Hawaii and Alaska). Those required to serve an unaccompanied tour, serve a "Restricted" tour where tour lengths are normally 12 months. Under certain Passports conditions, soldiers are authorized to change their tour status. The overseas commander can approve requests for changes from the "With Dependents" to an "All Others" tour provided that dependents have not traveled in conjunction with the Permanent Change of Station (PCS) orders. A change from an "All Others" tour to a "With Dependents" tour, when family members and household goods have previously been moved to a designated location, can be approved only for extreme hardship reasons as an exception to policy. Generally, soldiers are required to serve an In Place Consecutive Overseas Tour (IPCOT) to be eligible for a second paid Government move. All soldiers and Depiii"tment ofthe Army civilians traveling overseas on official business to a country requiring a passport and all command-sponsored family members must obtain separate no-fee passports. A no-fee passport identifies the bearer as an official traveler, is issued for a specific purpose, and is normally issued for no longer than five years. A no-fee passport may not be used for personal travel from the United States to a foreign country. Soldiers and family members assigned outside the United States normally do not need to obtain regular passports for incidental personal travel. Procuring passports as early as possible is extremely important. To avoid delays, soldiers must follow the procedures outlined by their military personnel office and passport agent. Passport/visa applications must be completed in accordance with Army Regulation 600-290, Passports and Visas; the United States Air Force Foreign Clearance Guide; and the Department of State Passport Agent's Manual. Soldiers whose family members are foreign nationals are personally responsible for obtaining and maintaining the family members' passports. The Army is not able to assist in procuring foreign passports or United States passports for foreign nationals. EMERGENCY SITUATIONS EXPERT FIELD MEDICAL BADGE Emergency Notification When Notified Hospitalized Soldiers The primary next of kin and secondary next of kin, as designated on the soldier's Record of Emergency Data Card (DD Form 93), are notified as soon as possible when an emergency situation occurs. Notification is normally made when the following occurs: Death Missing Very Seriously Ill/Injured (VSI) Seriously Ill/Injured (SI) Special Category-when the soldier has sustained injury such as loss ofsight, limb, extensive disfigurement or psychotic condition. Ifa soldier is hospitalized in the continental United States (CONUS) and the primary next ofkin resides in CONUS, or both are in an overseas area, the hospital commander notifies the primary next ofkin or designated person. Ifthe soldier is hospitalized in an overseas area and the primary next ofkin resides in CONUS, the Casualty Operations Center, Total Army Personnel Command (PERSCOM), will make notification by telephone or mailgram. Next ofKin Travel Authorization Death/Missing Emergency Leave Soldiers Stationed Overseas An Invitational Travel Order (ITO) may be extended to the primary next ofkin and one other family member when the attending physician and the commander ofa medical treatment facility consider their presence necessary for the recovery ofa very seriously ill/injured (VSI) or seriously ill/injured (SI) soldier. The Casualty Operations Center, PERSCOM, approves and processes overseas ITOs. The CONUS Casualty Area Commands (CAC) approve and process CONUS ITOs. When death occurs or when a soldier is listed as missing, a Casualty Assistance Officer is appointed to help the primary next ofkin by providing guidance and assistance with such matters as memorial services/burial arrangements, claims for dependent benefits, and special financial and legal problems. Soldiers may be authorized emergency leave for up to 30 days for emergency situations within the immediate family. For a person in loco parentis, the soldier must sign a statement verifying loco parentis. The immediate family includes the following family members ofeither the soldier or the soldier's spouse: Parents, including stepparents; spouse; children, including stepchildren; sisters, including stepsisters; brothers, including stepbrothers, or an only living blood relative. A person in loco parentis is one who stood in place ofa parent to the soldier or the soldier's spouse for 24 hours a day, for a five-year period before the soldier or the soldier's spouse became 21 years ofage. The person must have provided a home, food, clothing, medical care, and other necessities, as well as furnish moral and disciplinary guidance and affection. A grandparent, or other person, normally is not considered to have stood in place of a person when the parent also lived at the same residence. A person is not considered in loco parentis for performing I baby-sitting or providing day care services. A soldier granted emergency leave while stationed outside the continental limits ofthe United States is authorized "space required" travel on military-owned or chartered aircraft at Government expense between the overseas military departure terminal and the air terminal ofentry into the United States and return to the overseas command. The Soldiers Stationed in the United States Red Cross Assistance soldier's spouse traveling for such an emergency is authorized to travel on a "space required" basis also. Round-trip commercial transportation is granted when the installation transportation officer determines that "space required" Goveriunent procured transportation is not reasonably available. All expenses incident to travel from the air terminal ofentry into the United States to the leave destination must be borne by the soldier. Members performing temporary duty (TDY) in or outside the United States may be authorized emergency leave travel for situations involving the immediate family. Travel is from the location ofthe soldier at the time ofnotification to his/her duty station. A soldier granted emergency leave while stationed within the continental limits ofthe United States defrays expenses incident to the travel. In this connection, soldiers are authorized travel by military aircraft within the United States on a "space available" basis; but, this method of travel is generally unpredictable and often involves long waiting periods at military air terminals with no assurance of . eventual flights..For the soldier who has an emergency outside the continental United States, "space required" Government-procured transportation is provided if available. Ifthe soldier's domicile is outside the continental United States, round-trip commercial transportation is provided when "space required" Government-procured transportation is not reasonably available. Spouses and other dependents are not authorized "space available" travel within the continental United States. However, they are authorized "space available" transportation to an area outside the continental United States. The spouses and other dependents are authorized "space required" Government-procured transportation or funded commercial transportation if "space required" transportation is not reasonably available. When a death or serious illness occurs, a member ofthe soldier's family should contact the local Red Cross representative immediately. The Red Cross will assist in confirming the requirement for an emergency leave. However, Red Cross verification ofan emergency condition Leave Extensions Personnel Assistance Points is not a mandatory requirement for the commander to grant emergency leave. Upon notification ofan emergency condition, the commander will acknowledge the soldier's intentions including estimated departure and arrival times, if appropriate. The Red Cross will automatically dispatch follow-up messages to the soldier's unit until the appropriate information is received from the unit. When a soldier requires additional leave, an extension of his/her original leave must be approved by his/her commanding officer. Ifthe soldier is due to return overseas upon completion ofleave and if sufficient time is available, the Red Cross will assist in contacting the overseas commander. Iftime is ofthe essence, the soldier may contact one ofthe following military Personnel Assistance Points for assistance. Collect calls will be accepted. The following are the current telephone numbers for Personnel Assistance Points: Charleston International Airport -Collect Charleston, SC: (803) 566-5807/5806 St. Louis International Airport-Toll Free St. Louis, MO (800) 325-1680 In the State ofMissouri call-Collect (314) 263-6253 JFK International Airport-Toll Free New York: (800) 227-8890 In the State ofNew York call -Collect (718) 917-1698 Philadelphia International Airport -Toll Free Philadelphia, PA: (800) 443-0355 In the State ofPennsylvania call -Collect c (215) 897-5649 Threat to Life Washington-Dulles International-Toll Free Airport (800) 253-5120 In the State ofVirginia call-Collect (703) 661-8833 The Army authorizes an immediate change ofduty station for a soldier when a confirmed threat to life exists for him/her or an-immediate family member. Appropriate precautionary measures, as determined by the commander, will be provided to the soldier pending the outcome of an investigation. Ifit is determined that a valid threat exists, the soldier will be transferred expeditiously to another locale. FAMILY SUPPORT Information, Referral, and Follow-up Program Consumer Affairs and Financial Assistance Program ARMY COMMUNITY SERVICE Army Community Service (ACS) is the Army's primary soldier and family service agency. It helps soldiers, active and retired, and Department of Defense (DOD) civilians in stateside and overseas areas. Counseling and assistance is provided by ACS to address the unique stresses of the military lifestyle such as deployment, mobility, preparation for war, constant adaptation to new environments, and emergencies. ACS has a number of core programs designed to help commanders conserve the fighting forces, enhance mission readiness, and promote soldier and family wellness. The program provides commanders, soldiers, civilian employees, and families information regarding military and civilian community resources. It links soldiers and families with available and appropriate resources at the lowest cost and without duplication ofeffort. The Army Community Service (ACS) Consumer Affairs and Financial Assistance Program (CAFAP) assists commanders by providing mandated personal money management and consumer education/ information classes to help prevent soldier and family financial crises and enhance unit readiness. CAFAP also provides intensive financial counseling and assistance for those soldiers and families with financial problems. ACS financial counselors work with commanders, creditors, soldiers, and families in resolving financial crises such as indebtedness, bad checks, nonsupport, consumer complaints, and problems with account errors. Soldiers and families with financial problems can Exceptional Family Member Program Army Family Advocacy· Program obtain help by contacting an ACS financial counselor. The Exceptional Family Member Program (EFMP) works in conjunction with other military and civilian agencies to provide medical, educational, community support, housing, and personnel-type services to families with special needs. Soldiers with exceptional family members must enroll in EFMP. Enrollment is initiated at the medical treatment facility by completing medical and educational summaries. Special needs are coded from the sull1ll'laries and forwarded to the Total Army Personnel Command (PERSCOM) for consideration in the military assignment process. EFMP enrollment is permanent unless medical or special education needs warrant case closure or the soldier is separated from the Army. Soldiers are responsible for keeping the medical and/or special education needs current as EFM condition changes or at least every three years, whichever comes first. ACS is the agency responsible for managing the Family Advocacy Program (FAP). FAP is responsible for addressing child abuse and neglect and spouse abuse. Army Regulation 608-18 sets out the program requirements for each Army installation. The program consists of identification, reporting, treatment, and follow-up ofcases. Services offered include community education and awareness, prevention efforts to support good parenting and family communication, crisis intetVention, emergency shelter, and counseling. The FAP coordinates all installation child abuse and neglect and spouse abuse training to include educational programs for specific target groups such as child care providers, youth services staff, and military police staff The medical treatment facility, Army lawyers, military police, chaplains, other installation staff such as the community health nurse, and the local civilian child protective service authority work together to assure families receive needed services. Family Member Employment Assistance Program Counseling and medical treatment services are provided through the medical treatment facility or coordinated with local civilian community services. Once a case has been substantiated and a treatment plan developed, the services available will depend on available resources in the military and civilian community. Military treatment programs range from comprehensive services for the family and child to case monitoring to see that abuse does not recur. In the best situations, there is a strong relationship between military and civilian service agencies so that the family can be offered the best services each system has to offer. The Army Central Registry provides an automated database that maintains, collects, and analyzes data on spouse and child abuse. Installations are required to report all · substantiated cases ofchild and spouse abuse to the Central Registry. The Central Registry is also available to conduct background "checks" on employees who work with children. Though the range of services varies among installations according to available resources, the Army has a commitment to seeing that F AP services are available at every camp, post, and station. The Family Member Employment Assistance Program (FMEAP) provides information and referral services in the areas ofemployment, education, training, transi tion, and volunteer opportunities to give soldiers, civilians, retirees, and their family members (to include youth) the competitive edge necessary to secure employment and minimize the employment problems associated with relocation. The FMEAP is the employment link between family members and on post employment. They assist family members find and qualify for federal positions, Army and Air Force Exchange Service, Commissary, state, and local employment. ACS, through FMEAP, provides information on military and civilian employment, education, and job skills training resources in the local area; an automated job bank containing current vacancies in the private sector; individual job/career assistance and counseling; job search/employment training workshops; job skills building training classes (i.e., typing, shorthand, word processing, computers, etc.), and other job skills that are highly marketable; and private sector employer advocacy for the hiring offamily members. Foster Care Foster Care is a voluntary or court-mandated program providing 24-hour care in a foster family home for children who cannot be cared for by their natural family or legal guardian. It is provided for as long a period as children need substitute care. The program is established in accordance with local, state, and host nation guidelines. Iffoster care services are available and accessible through the civilian community, these services must be used in lieu ofestablishing a separate program on the installation. Supportive help is provided to foster parents. Children are supervised in their placement setting to ensure a healthy environment for growth and development. Staffconducts periodic reviews ofall placements; arranges for delivery of special services; and offers additional skills training for foster parents tohelp children cope with a disability or severe emotional or behavioral problem. Social work assistance is available to natural parents in resolving problems which made foster care necessary. Relocation The Relocation Assistance Program assists soldiers, Assistance civilian employees, retirees, and their families to deal with Program the stresses ofrelocation. Services offered include: pre/post-move briefings, orientations and workshops; overseas orientations; pre-deployment briefings; crosscultural training and cultural adaptation services for bicultural families; guidance and counseling focusing on extensive preparation and planning before the move, during the actual transfer and while settling in; identification, counseling and advocacy for families separated from the sponsor due to mission requirements; loan of household items for a limited period. 29 Outreach Programs The Relocation Assistance Program also offers the Standard Installation Topic Exchange Service (SITES), an automated information system updated quarterly, which provides a wide range ofinformation on all major installations worldwide as well as their adjoining civilian communities. SITES allows soldiers and their families to make well-informed decisions prior to their departure contributing to a smoother and less stressful relocation. The Outreach Programs are responsible for ensuring Army family support programs and services are linked with the population whose need is greatest, yet least likely to avail themselves ofthese services. Outreach attempts to integrate military families into the community in a way that creates a sense ofbelonging, ownership, and commitment to the military way oflife. Outreach programs maximize existing resources by getting the entire community involved to include civilian and military community leaders and organizations. Life-skills training, self-help support groups, education, crisis intervention, and information and referral are some ofthe programs offered by Outreach. IDENTIFICATION AND PRNILEGE CARD DOE JANE GENEVA CONVENTIONS IDENTIFICATION CARD Spouses The Department of Defense issues the Uniform Service Identification and Privilege Card (ID) to identify individuals eligible for benefits and privileges administered by the military departments, i.e., medical care, commissary, exchange, and theaters. It is the responsibility ofthe soldier to apply for family member ID cards. Application forms (DD Form 1172) and additional information concerning specific procedures are available at all military installation personnel offices. The application form, when executed, serves to enroll or update eligible beneficiaries in the Defense Enrollment Eligibility Reporting System (DEERS). This allows the soldier and his/her family to receive proper medical care at all Department ofDefense medical facilities. In situations where eligibility is being initially established or the individual is not enrolled in DEERS, documentation will be required e.g., marriage licenses, retirement orders, birth certificates, etc. This requirement is not waivable. INDIVIDUALS ELIGffiLEFOR ID CARDS Lawful spouse including common-law spouse. Unremarried former spouse of a service member or retired service member: -The former spouse must have been married to the service member or former service member for a period of at least 20 years. -While the service member or former service member performed at least 20 years of service creditable for retired pay. (Public Laws 97-252 and 98-525) Children Unremarried former spouse described above, except: -The period ofmarriage and the service member's creditable service is at least 15 years but less than 20 years. -The final decree ofdivorce, dissolution, or annulment ofthe marriage was before April1, 1985. -Ifthe marriage terminated on or after April 1, 1985 but before October 1, 1989, then entitlements shall exist for two years after the divorce, dissolution, or annulment. -Ifthe marriage is terminated after September 30, 1988, the entitlements shall exist for one year after the divorce, dissolution, or annulment. Surviving spouse ofa Reserve Component soldier who died after September 30, 1985, from an injury or illness incurred or aggravated while: On active duty under a call or order to active duty of30 days or less. On active duty for training or on inactive duty training. While traveling to or from the place ofduty. (Public Law 99-145) Surviving spouse ofa Reserve Component soldier who died while on active duty under orders for a period of more than 30 days. Surviving spouse ofa Reserve Component soldier who retired without pay, had met time-in-service requirements, had elected to participate in the Reserve Component Surviv9r Benefit Plan, and who died before reaching age 60 but after October 1, 1978. (Public Law 95-397.) Legitimate children, legitimated children, adopted children, legitimate stepchildren, and wards, who are 10 years ofage, and not more than 21 years ofage, and Parents unmarried. Children under age 21 who have married but who are presently unmarried because ofdivorce, death, or annulment may resume eligibility. Children under 10 years ofage who reside with a guardian, divorced parent, or other person not eligible for medical care or other privileges. Adopted children, legitimate children, legitimated children, stepchildren, or wards, who are 21 years ofage or over and unmarried, are dependent for over half oftheir support from the sponsor, and one ofthe following: Incapable of self-support because ofa mental or physical handicap that existed before their 21st birthday. A dependency determination must be executed by the Department ofDefense Finance and Accounting Center upon initial application. Have not passed their 23rd birthday and are enrolled in and attending class in a full-time course of study at an approved institution of higher learning. Illegitimate children and illegitimate stepchildren. Dependency determinations by the DOD Finance and Accounting Center are required in most cases. Orphans who are surviving unmarried children, either adopted or natural born, who are under the age of21, or over 21 if enrolled in a full-time course of study, of members ofthe uniformed services who died while on active duty or in a paid retired status. The surviving children must have been dependent upon the sponsor for over half of their support at the time ofdeath ofthe parent(s). Parents, including fathers, mothers, fathers-in-law, mothers-in-law, stepparents, and parents by adoption who depend on sponsor for over halftheir support and who reside in a household maintained by or for the military sponsor. A dependency determination must be executed upon the initial application and each subsequent card renewal. Others A recipient ofthe Medal ofHonor and his/her eligible family members. An honorably discharged veteran with a 1 00 percent service-connected disability certified by the Department of Veterans Affairs including his/her eligible family members. MONEY MATTERS FINANCE CORPS INSIGNIA Basic Pay Basic Allowance for Quarters Basic Allowance for Subsistence Family Separation Allowance Special Pays Hazardous Duty Incentive Pays There are various types of pay that a soldier may receive. The most frequently used types of pay are listed. An amount paid soldiers according to rank and years of service. An amount paid to soldiers when quarters (housing) are not provided by the Government. Payable to married and single soldiers at different rates. An amount paid to officers at all times and to enlisted soldiers when subsistence is not provided by the Government (separate rations). An amount payable when, due to military orders, a soldier is separated from the family for at least 30 days. Not payable during field exercises. Amounts payable for active duty performed while serving in special duty areas or special categories, e.g., medical, dental, foreign duty, foreign language proficiency, and hostile fire/imminent danger pay. Also includes enlistment and reenlistment bonuses. Amounts payable to soldiers who perform duties which present certain hazards, e.g., parachute, flight, toxic chemical, and demolition duty. Station Allowances Uniform Allowance Advance Pay Casual Pay Local Pay Variable Housing Allowance Variable Separation Incentive/ Special Separation Benefit (VSII SSB) Amounts paid to soldiers stationed outside the continental United States include: Temporary Lodging Allowance, Overseas Housing Allowance and Cost ofLiving Allowance, and Interim Housing Allowance. Amounts paid soldiers stationed in the continental United States, Alaska, and Hawaii are known as Variable Housing Allowance and Temporary Lodging Expense. An amount paid to soldiers for the purchase/maintenance of uniforms. An amount paid to soldiers to meet extraordinary expenses incidental to a permanent change of station and repayable over a specified period oftime. An amount paid to soldiers away from their home stations usually while on ordinary or emergency leave or temporary duty where their regular pay is not available. Subject to repayment. An amount paid to soldiers at their home station when soldier's commander authenticates the existence ofan emergency circumstance. Amounts paid to soldiers stationed within the continental United States for the purpose ofassisting soldiers to help defray housing costs. Variable Separation Incentive (VSI) or Special Separation Benefit (SSB) may be made only to soldiers with more than six years' service who voluntarily request separation from active duty based on a career field, pay grade, or year group which is overstrength. Members must apply for voluntary separation and ifin compliance with the service guidelines, may receive VSI or SSB, but not both. In addition, the member must agree to serve in the Ready Reserve Component. The length oftime that must Involuntary Separation Pay (AR 635-100) Initial Active Duty Training Inactive Duty for Training be served depends on the option selected by the soldier. If the SSB is selected, a total ofthree years must be served. If VSI is selected, which is paid in annual installments, the period to be served must be for the duration ofthe payment period. The first VSI anniversary payments and all subsequent payments will be made centrally by Department ofDefense Finance and Accounting Service, Cleveland Center. VSI and SSB payments are subject to debt collection authorities and procedures. The 1991 Defense Authorization Act provided for nondisability separation pay for both officers and enlisted soldiers involuntarily separated from active duty. Active duty and full-time Guard and Reserve soldiers with at least six years but fewer than 20 years active service are eligible. Soldiers separated with an honorable discharge receive full separation pay. Soldiers whose service was honorable or under honorable conditions but were denied retention due to a retention bar may be eligible for half pay. Soldiers voluntarily released, separated for misconduct or with service characterized as under other than honorable conditions, or who decline retention are not eligible for separation pay. Payments for Reserve Components (National Guard and Reserve) Basic and Advanced Individual Training are performed at an active Army training post and members are paid through the centralized Joint Uniform Military Pay System, located at the Department ofDefense Finance and Accounting Service, Indianapolis Center (DF AS-IN). Payments are made monthly, either locally to the soldier or by direct deposit to the soldier's bank account. Performed by· members oftroop program units during monthly multiple unit training assemblies, commonly called "weekend drills." Members earn one day's pay for each four hours oftraining. Payments for drills attended are made through the centralized Joint Uniform Military Pay Annual Training Active Duty for Training Active Duty for Special Work System-Reserve Components (JUMPS-RC) at the DFAS-IN. Reserve Component soldiers may be paid twice a month. Drills or other duties performed before the last day ofthe previous month and processed through JUMPS-RC by the 7th ofthe month will be paid on the 15th ofthe month. In other words, any October drills processed before November 7 will be paid on November 15. In addition, a supplemental payment is paid at the end ofthe month for all drills and other payments processed by JUMPS-RC by the 23rd ofthe month. In other words, any additional drills (for example; November drills) performed and processed before November 23 will be paid on November 30. Normally, a soldier can now be paid about two weeks after performing drill. Ifthe soldier is signed up for "Sure Pay" his/her money will be in the bank on the 15th and/or the last day ofthe month (or the last work day prior to the 15th or last day ofthe month, ifthose paydays fall on a weekend or holiday). Ifthe soldier has elected to have the check mailed, there is an extra five days due to mail time. Active duty for training is performed 12-17 days annually by some members ofthe Individual Ready Reserve. Payments are made to soldiers ofthe Individual Ready Reserve by the Army Finance and Accounting officer (FAO) at the training station on the last day oftraining. Ifthere is no Army F AO at the training site, payment will be made at the Army Reserve Personnel Center. Payments to soldiers in the Army National Guard and Army Reserve troop program units are made by designated finance offices called "input stations" on the last day oftraining. Members oftroop program units and some members ofthe Individual Ready Reserve may perform Active Duty for Training for periods ranging from one day to two years. The period and location ofthe training and the type of funding involved will determine who will make the payment and which options are available. Active Duty for Special Work is work performed by members ofthe Individual Ready Reserve to support various specified Reserve projects and programs for a Active Guard Reserve Indebtedness period ranging from one day to two years. The method ofpayment is determined by the period of special work. The Active Guard Reserve (AGR) soldier is an Army Reserve or National Guard member serving on active duty in the Full Time Support Program. The AGR soldier is paid through the centralized Joint Uniform Military Pay System, located at the DFAS-IN. Payments are made monthly. Soldiers are required to manage their personal affairs satisfactorily and to pay their debts promptly. The Army has no legal authority to force soldiers to pay their debts nor can the Army divert any part ofa soldier's pay even if payment ofthe debt was decreed by a civil court. However, disciplinary or administrative action may be considered by a soldier's commander if complaints ofrepeated failure to pay just debts are received. It is the responsibility ofimmediate commanders to process debt complaints only when the complainant has followed the procedures outlined below: Obtain the soldier's current military address. Send $3.50 payable by check to Treasurer, United States, to: Commander United States Army Enlisted Records and Evaluation Center ATTN: PCRE-RF Fort Benjamin Harrison, IN 46249-5301 Write the soldier allowing 45 days (if in the United States) or 60 days (if overseas to include Army Post Office (APO) address) to respond. Ifthe soldier does not respond, write the commander and send a copy ofthe letter written to the soldier (allowing the same number of days as above for a response), a copy ofthe signed contract or a copy of the bill, a certificate ofcompliance with Department ofDefense Standards ofFairness, and a copy ofthe general and specific disclosure information given the soldier before signing the contract. Remission or Cancellation of Indebtedness Survivor Benefit Plan (SBP) The commander will return requests for help that do not follow the procedures described above. If a creditor does not receive a response from the commander, assistance may be requested by sending all the documentation mentioned above and writing to: Commander United States Total Army Personnel Command 200 Stovall Street ATTN: TAPC-PDO-IP Alexandria, VA 22332-0474 Active Army enlisted soldiers may apply for remission or cancellation ofindebtedness to the Government (Army) based on injustice and/or hardship. The debt must be one that may be considered under Army Regulation (AR) 600-4. Also, Army National Guard enlisted soldiers on inactive duty training or active duty for training may apply for remission or cancellation ofindebtedness based on hardship as a result ofa report of survey. This debt must be for property lost,. damaged, or destroyed incident to duty on or after October 1, 1980. Soldiers must complete DA Form 3508-R (Application for Remission or Cancellation ofIndebtedness) and provide supporting documentation. Any debt or part ofa debt that has been collected prior to the commander's signature on the application will not be considered for remission or cancellation. Also, final action has to be made before or at the time ofthe soldier's honorable discharge; otherwise, it cannot be considered. Military retired pay stops at the death ofthe retiree. However, survivors can receive an annuity by enrollment in the Survivor Benefit Plan (SBP). The SBP provides a measure offinancial protection for the survivors ofretirees who elect SBP, for a reasonable cost. Election into the plan is made prior to the date ofretirement. The soldier may elect coverage for a spouse, former spouse, children, or a combination ofspouse, former spouse, and children. Soldiers who elect less than full coverage for a spouse must have spousal concurrence. Under certain conditions, Army Emergency Relief (AER) Nonsupport unmarried soldiers, without a former spouse or dependent children, may elect insurable interest coverage for a nonfamily member. SBP is a two-tiered system. It pays two levels ofbenefits depending on the surviving spouse's age. Most survivors are over the age of62 and are entitled to Social Security survivor income. But some surviving spouses are younger; therefore, they are ineligible for any other survivor income. The SBP pays an early benefit of 55 percent ofthe covered deceased member's retired pay and will pay that amount until the surviving spouse reaches age 62. At that time, the SBP annuity payment is reduced to 3 5 percent. The survivor will then become eligible to receive a Social Security survivor's annuity benefit. In almost all cases the combined annuities will exceed the 55 percent amount received prior to age 62. The annuity payable to children only or an insurable interest party is also 55 percent ofthe elected base amount. In the event of death, while on active duty, soldiers who have 20 or more years ofactive service have automatic coverage. AER is a private, nonprofit organization established to help soldiers, active and retired, and their families, including spouses and children of deceased Army members. Funds come from voluntary contributions, the earnings ofAER's investment fund, and the repayment ofloans. AER emergency financial assistance is provided to meet validated emergency financial needs. Assistance is provided either as a loan without interest, as a grant, or as a combination of a loan and a grant based upon the applicant's personal financial situation. Also, as a secondary mission, AER has an educational assistance program for undergraduate study for spouses and unmarried dependent children of soldiers. An AER office is located on all major Army installations. Additionally, the American Red Cross will assist in contacting AER representatives. Army Policy: Army Regulation (AR) 608-99, "Family Support, Child Custody, and Paternity", outlines the Army policy regarding the obligation ofsoldiers to support their family members, which is defined to include both spouses and children. AR 608-99, generally provides that unless there is a court order or agreement between the soldier and the family members, a soldier separated from his or her family members will pay them each month a minimum ofthe Basic Allowance for Quarters (BAQ) at the "with dependents" rate in support. There are exceptions to AR 608-99, such as when both parents are in the military, when family members live in government family quarters, and when the spouse earns more money than the soldier. Contact the Soldier's Commander: A soldier's commander is responsible for enforcing AR 608-99. This regulation is punitive, which means that a soldier can be punished for violating its requirements. The commander, however, cannot force a soldier to pay any support due his or her family members; and unless there is a court order for support or a written support agreement, family members may not be able to collect BAQ arrearage. For this reason, family members seeking financial support from soldiers should obtain a court order whenever possible. In the absence ofa court order, a soldier voluntarily providing support for family members may terminate his or her support payments at any time. If support is stopped while the soldier is stationed outside the United States it will be much more difficult to obtain a court order than when the soldier is stationed within the United States. Also, if the soldier later leaves the Army, the Army will have no authority over him or her. Locating the Soldier: Family members may locate a soldier free ofcharge (others pay $3.50) by submitting a written request including the soldier's complete name and social security number to: Commander United States Army Enlisted Records and Evaluation Center ATTN: PCRE-RF (Army Locator) Fort Benjamin Harrison, IN 46249-5301 (317) 542-4211 Wage Assignments, Wage Assignments: A wage assignment (also know as a Garnishments, garnishment order or automatic withholding order) and Involuntary should be obtained to enforce all court orders for Allotments child and spousal support. Without such an order, the Army has no legal authority to withhold child or spousal support from a soldier's pay without the soldier's consent. Wage assignments are required in all court orders for child support issued or modified after January 1, 1994, pursuant to 42 U.S. Code Sec. 666(a)(8)(B). Involuntary Allotments: Involuntary allotments pursuant to 42 U.S. Code Sec. 665 may be initiated against a soldier when there is an existing court or administrative order for child support or both child and spousal support, and the soldier is in arrears an amount equal to or greater than two months ofsupport payments. To establish an involuntary allotment, the family member should contact their local office ofchild support enforcement, who may assist them free ofcharge or for a nominal fee. Garnishment Orders: A garnishment order pursuant to 42 U.S. Code Sec. 659-662 is required in all cases to collect arrears for child and/or spousal support. The garnishment order must be issued by a court or administrative agency ofcompetent jurisdiction in the manner prescribed by applicable state law. The submission ofa divorce decree or support order alone is insufficient. A certified copy ofthe garnishment order must be sent by certified mail to: Defense Finance and Accounting Center DFAS-Indianapolis Center ATTN: DFAS-IN-DGG 8899 East 56th Street Indianapolis, IN 46249-0160 Child Custody Army Regulation 608-99, "Family Support, Child Custody, and Paternity," prohibits soldiers from abduct ing or withholding a child under the age of 14 years away from the child's lawful custodian. A "lawful custodian" is a person authorized to have physical custody ofthe child pursuant to court order. Although 43 Paternity the Army may punish a soldier for violating this regulation, it has no legal authority to take custody of a child and return the child to a parent. Ifa soldier outside the United States is charged with a felonious state kidnapping or abduction offense, found in contempt, and the presiding judge has issued a warrant for arrest, the soldier may be returned at Army's expense to a U.S. port of entry for delivery to the appropriate state law enforcement agents, if state law enforcement agents agree to escort the soldier to their state. The Army has no similar authority over a soldier's civilian spouse who violates the law. Although the Army has no authority to return a child wrongfully abducted or retained by a soldier or his or her civilian spouse outside the United States, you may contact the civil authorities in the foreign nation to have the child returned to the United States. Contact: U.S. Department of State Office of Citizens Consular Affairs, Washington, DC 20520 (202) 736-7000 A person making a paternity claim should always try to obtain a court order establishing the paternity of the child and the amount of support the soldier is required to pay. In the absence of a court order, a soldier may voluntarily admit paternity and provide financial support. However, if support is stopped while the soldier is stationed outside the United States, it will be much more difficult to obtain a court order than when the soldier is stati~ned within the United States. Also, if the soldier later leaves the Army, the Army will have no authority over him. Mothers seeking to establish paternity should immediately contact their local Office ofChild Support Enforcement (OCSE) for assistance in obtaining a court order for paternity, child support, and wage assignment. The OCSE will locate the soldier for purposes of ! establishing paternity and other court orders. Additional The Office ofThe Judge Advocate General, Legal Information Assistance Division provides a "Fact Sheet on Paternity, Regarding Child Custody, and Child and Spousal Support in the Family Support, Army." Topics covered in the fact sheet are: locator Child Custody, information, service ofcourt papers on soldiers and or Paternity their family members, Title IV-D the Social Security Act, Soldiers' and Sailors' Civil ReliefAct, paternity, child custody, Army requirements for child and spousal support, wage assignments, involuntary allotments, garnishment ofwages, and Uniformed Services Former Spouses' Protection Act. For assistance or copies ofthe fact sheet, written requests should be submitted with the soldier's full name, social security number, and unit address, ifknown, to: Chief, Legal Assistance Division Office ofthe Judge Advocate General Department ofthe Army 2200 Army Pentagon Washington, DC 20310-2200 Individuals needing child support should also be encouraged to contact their local office ofchild support enforcement for assistance. Involuntary The Hatch Act Reform Amendments of1993, (Pub.L. Allotments for 103-94) authorizes involuntary allotments from a soldier's military pay to satisfy judgment indebtedness. Judgment This law does not apply to child or spousal support. Indebtedness The Act is codified at Title 5, U.S. Code Sec. 5520a, "Garnishment ofPay," and will be implemented by Department ofDefense Directive 1344.9, "Indebtedness ofMilitary Personnel," and 32 Code ofFederal Regula tions Part 43a, which are under revision as a result ofthe amendments. Any questions regarding the amendments, their implementation, or involuntary allotments for judgment indebtedness against soldiers or for information on how to make an application 45 for an involuntary allotment based on a judgmentofindebtedness, write to: Defense Finance and Accounting ServiceDFAS-Cieveland Center (Code L)Anthony J. Celebreeze Federal Building P. 0. Box 998002 Cleveland, OH 44199-8002 Eligibility Coverage MEDICAL AND HEALTH CARE All active duty soldiers, their dependents and survivors receive health care benefits. There are limits and rules these eligible persons must follow to obtain care. The Health Benefits Advisor at each uniformed service hospital or clinic provides information on health care procedures and requirements to the soldier and dependents. Active duty or retired soldiers, their spouses and unmarried minor children, and certain former spouses, and the spouses and children ofdeceased soldiers are eligible for health care. Dependents must document their birth and marital status and enroll in the Defense Enrollment Eligibility Reporting System (DEERS). Eligibility status can be checked by phoning (800) 538-9552; in California, (800) 334-4162; in Alaska, Hawaii or Puerto Rico, (800) 527-5602 or (800) 538-9552. Soldiers and their dependents can enroll at their personnel office. Medical and health care can be obtained at any uniformed service hospital or clinic. Ifthe service facility cannot provide care, the Army will pay, with limitations, for civilian care. In non-emergencies, command approval is required before obtaining the service. In an emergency, the soldier must contact his/her commander as soon as possible. Service hospitals provide inpatient and outpatient care for most medical conditions. There is no charge for outpatient care. A daily fee is charged, except to retired enlisted personnel, for inpatient care. CHAMPUS Deductibles Third Party Collection Program Gateway to Care Program The Civilian Health and Medical Program ofthe Uniformed Services (CHAMPUS) shares the cost ofmost care from civilian health care providers. CHAMPUS coverage extends to the soldier's parents and parents-in-law if qualified as a dependent. Retirees, family members, and survivors eligible for Medicare (Part A) are not covered by CHAMPUS. For sergeants·E-5 and above, the annual deductibles are $150 for an individual or $300 for a family. For junior enlisted soldiers, grades E-4 and below, the deductibles are $50 and $100 for individuals and families, respectively. The Health Benefits Advisor can provide a copy ofthe CHAMPUS Handbook or one can be obtained by writing CHAMPUS Handbook, Aurora, CO 80045-6900. Under the Third Party Collection Program, medical care for retirees and dependents may be paid by private insurers. This program allows service members to obtain "gap" insurance or other forms ofcommercial health insurance through a spouse or employer or membership in an HMO to pay health care costs. The Gateway To Care (GTC) Program is Army's managed care program which transitions Army Medical Treatment Facility (MTF) into TRICARE when the regional managed care support contract is implemented. GTC focuses on improvement offacility operations such that access for all categories ofbeneficiaries is improved while controlling the facility and CHAMPUS costs for care. GTC employs some ofthe essential elements ofthe current TRICARE program such as primary care empanelment, health care finders, telephone advice, and agreements with civilian providers which established discounted provider networks. GTC's greatest i~pact is on improved services for beneficiaries in its 40-mile catchment area and development ofmedical management skills which contribute to an efficient and effective TRICARE program. RECORDS Inpatient Records Outpatient Records Access to Records TRICARE Army medical records are the basis for direct patient care, medical support, research, and education. The inpatient treatment record is begun on admission and completed at the end ofhospitalization. Records at medical centers are retired five years after the end ofthe year in which the last treatment is given. Records at Army community hospitals are retired one year after the end ofthe year in which the last treatment is given. Retired records are forwarded to the National Personnel Records Center, St. Louis, MO. There are three types ofoutpatient records. The Health Record contains the medical and dental records ofa military member seen on an outpatient basis, that is, not admitted to a hospital bed. The Outpatient Treatment Records are the medical and dental records kept on non-military patients such as spouses or children seen on an outpatient basis. The Civilian Employee Medical Record is used for documenting occupational and non-occupational health information for civilian employees seen on an outpatient basis. Health and Civilian Employee records are retired at the time ofseparation. Outpatient treatment records are retired three years following the last treatment. Army medical records are the property ofthe United States Government. Upon request to the facility maintaining the record, the patient may be provided a copy ofhis/her record. Ifa physician or dentist determines that the release ofcopies could adversely affect the patient's physical or mental health, the copies may be released to another physician or dentist named by the patient. TRICARE is the Department ofDefense's program of managed care. TRICARE meets the congressional mandates to provide a triple-option benefit, reduce out-of-pocket costs for enrolled members, and not increase government costs for care. TRICARE will also improve beneficiaries' access to care regardless oftheir location--such as Active Duty (AD) personnel in remote assignments, beneficiaries living near BRAC sites, or whose MTFs have always been able to provide only limited services. Key features ofTRICARE include: "Mystery lllnesses" Desert Shield/Desert Storm (ODS/DS) implementation ofcontractor-provided regional managed care support contracts which also enhance MTF capability~ cost and resource sharing incentives~ enrollment~ assignment to primary care managers~ and improved utilization management and quality improvement programs. TRICARE employs the lead agent concept to protect the services' medical missions and enhance readiness. TRICARE regional contracts will be implemented throughout CONUS by fiscal year 1997. TRICARE Europe is currently in effect and the Europe CHAMPUS Demonstration which went into effect 1 October 1994, is viewed as the precursor to any more permanent program. Unexplained or Mystery illnesses have been widely publicized. There have been media reports ofindividuals and groups ofindividuals with various medical problems. These have been investigated and some are due to common medical and dental problems expected in any civilian population~ some defy diagnosis even after extensive civilian, Department ofVeterans Affairs (VA) and/or military medical center diagnostic workups. Active duty soldiers with ODS/DS-related symptons are evaluated through existing medical channels. A physician is designated as the point ofcontact and coordinator for patient evaluations at each medical treatment facility. Reservists and other veterans with ODS/DS-related symptoms are eligible for care at VA medical treatment facilities and are added to the VA Persian Gulf Registry. Each VA medical facility has appointed an "Environmental Physician" point ofcontact for ODS/DS-related medical problems to facilitate patient management. A Comprehensive Clinical Evaluation Program (CCEP) has been underway since June 1, 1994, at all military hospitals with referral ofundiagnosed cases to regional medical centers. Standardized clinical evaluations, developed in close coordination with the VA, are utilized for patients and family members. The CCEP ensures that all men and women who served their country in the Persian Gulf have full access to the complete range ofhealth care services for the problems they are now experiencing and provides an Radiation Experiments Command (RECC) in-depth medical evaluation ofbeneficiaries who are experiencing illnesses which may be related to their service in the Persian Gulf War. The CCEP focuses on obtaining an accurate and comprehensive under standing ofwhat factors have contributed to health problems reported by Persian Gulf veterans and their families. A Persian Gulf Veterans "Hotline" was begun on June 23, 1994, to provide easy access for Persian GulfVeterans to the CCEP (1-800-796-9699). Federal employees who have medical problems that are related to service in the Persian Gulf are entitled under the Federal Workers Compensation Act to have an evaluation at a military medical facility or elsewhere. They can contact their personnel office ofthe agency they worked for to find out how they accomplish this. They can also call the Persian Gulf veterans hotline for more information. Several individuals have contacted Members ofCongress regarding their concerns that they may have been exposed to radiation in past human experiments. This issue is a matter under purview ofthe Department ofDefense (DOD), specifically, the Radiation Experiments Command Center (RECC), 6801 Telegraph Road, Alexandria, Virginia 22310-3398, telephone number (703) 556-7300. Queries ofthis nature may be referred directly to the RECC, or to the Office ofthe Secretary ofDefense for response. The RECC is responsible for compiling, reviewing, cataloguing, and retaining data or information pertaining to ionizing radiation research with human subjects. The RECC is the central repository for DOD human radiation experiment information. In coordination with the Armed Services and other DOD organizations, the RECC identifies, retrieves, and makes available information about human radiation experiments. The objectives ofthe RECC are to assess and categorize experimentation information on DOD personnel; identify, locate, and abstract available records and information regarding ionizing radiation research with human subjects; and to serve the public by following up on inquiries generated through a national helpline and other sources. JUDGE ADVOCATE GENERAL CORPS Nonjudicial Punishment Article 15 MILITARY JUSTICE A military criminal case begins when a soldier is suspected or accused of having violated a punitive article of the Uniform Code of Military Justice (UCMJ). If an investigation determi11es that there is sufficient evidence to support the allegations, the commander may offer the soldier nonjudicial punishment or prefer court-martial charges. Article 15 ofthe Uniform Code ofMilitary Justice (UCMJ) authorizes a commander to impose limited nonjudicial punishment upon a soldier who has committed a minor offense. Nonjudicial punishment under Article 15 is intended to be primarily corrective in nature, and includes correctional custody, restriction to specified limits, reduction in grade, limited forfeiture ofpay, performance of extra duties, and oraVwritten admonition or oraVwritten reprimand. If a commander offers nonjudicial punishment (an Article 15) to a soldier, the soldier may accept the Article 15 or demand trial by court-martial. Acceptance ofthe Article 15 proceedings does not indicate guilt or innocence. The recipient ofa formal Article 15 must be afforded an opportunity to consult with legal counsel. Ifthe soldier accepts nonjudicial punishment, the commander determines whether an offense has been committed, and if necessary, appropriate punishment. The soldier may appeal these determinations to the next higher commander. An Article 15 is not the equivalent ofa court-martial conviction. However, the record ofpunishment may be Courts-Martial: Forwarding of Charges Levels of Courts-Martial Summary CourtMartial placed in the soldier's Official Military Personnel File and used to judge the character ofservice for purposes of promotion, reenlistment, and any subsequent administrative proceedings or court-martial. A commander may elect to use summarized proceedings under Article 15 ifhe/she determines that should punishment be found appropriate, it should not exceed extra duties for 14 days, restriction for 14 days, an oral reprimand, or any combination thereof Because ofthe limited-punishment authority a soldier has no right to counsel. The records of summarized proceedings under Article 15 are maintained locally and destroyed after two years or a soldier's transfer from the unit. Ifthe commander concludes that trial by court-martial is appropriate, formal charges, supporting documents, and the Commander's recommendations are forwarded through the chain ofcommand to the officer authorized to convene a court-martial appropriate for the offense charged. This officer is called the convening authority. Each commander reviews the charges and supporting documents and makes an independent recommendation as to the appropriate disposition ofthe case. Officers in command perform a quasi-judicial function in administering military justice. The discretionary decision whether to prosecute is vested in the appropriate commander, who receives legal advice prior to exercising that discretion. The commander's exercise ofhis/her discretion may not be interfered with by superior authority. The three levels of courts-martial are summary courtmartial, special court-martial, and general court-martial. This is the lowest level ofcourt-martial and is composed of one commissioned officer, who need not be an attorney. The convening authority for a summary court-martial is normally a battalion commander (lieutenant colonel). Only soldiers who consent to trial at this level may be tried by summary court-martial. The soldier may be represented Special CourtMartial by civilian counsel at his/her own expense, but has no right to representation by a military attorney at the court-martial. Prior to trial, each soldier is afforded the opportunity to consult with military counsel ofthe United States Army Trial Defense Service (USATDS). Unless directed by the convening authority, a verbatim record ofthe proceedings is not prepared. Authorized punishments for soldiers in the grades ofE-1 through E-4 may include 30 days' confinement, forfeiture oftwo-thirds' pay per month, and reduction to the lowest pay grade. For soldiers above the fourth enlisted pay grade, summary courts-martial may not adjudge confinement or reduction except to the next pay grade. The intermediate level oftrial, a special court-martial, is composed ofa military judge who is an attorney and no fewer than three members, including enlisted soldiers, ifthe enlisted accused so requests. The members are the equivalent ofa soldier "jury." The soldier may also request trial by military judge alone. There are two types of special courts-martial: special court-martial and special court-martial empowered to adjudge a bad conduct discharge. The convening authority for a special courtmartial is normally a brigade commander (colonel). The convening authority for a special court-martial empowered to adjudge a bad conduct discharge is normally a general officer commanding a division or post. Any soldier regardless of rank may be tried by special courtmartial. Soldiers are entitled to representation by military counsel from USATDS, at no expense to the soldier, and civilian counsel at his/her own expense. A verbatim record ofthe proceedings is not prepared unless directed by the convening authority or in those cases where the court has imposed a punitive discharge. Authorized punishments include confinement for six months, reduction to the lowest pay grade, forfeiture of two-thirds' pay per month for six months, and, in cases of special court-martial empowered to adjudge a bad conduct discharge, a bad conduct discharge. However, a special court-martial cannot sentence a commissioned or warrant officer or cadet to be confined or to be dismissed from the Service. General CourtMartial Pretrial Confinement The highest level ofcourt-martial, a general court-martial, is composed ofa military judge and not less than five members, including enlisted members ifthe enlisted accused so requests. As in the case ofa special court-martial, the soldier may request trial by military judge alone. The convening authority for a general court-martial is normally a general officer commanding a division or post. A soldier tried by general court-martial is entitled to representation by military counsel from USATDS at no expense to the soldier, and by civilian counsel at no expense to the government. Prior to the convening authority deciding whether to refer a case to general court-martial, an investigation under Article 32 UCMJ is conducted unless waived by the accused. A verbatim record oftrial is prepared ifthe court adjudges a punitive discharge or any punishment which exceeds the maximum which can be imposed by a special court-martial. Authorized punishments for general court-martial exceed those for any lesser court-martial and may include, in appropriate cases: death; confinement for periods up to life; a dishonorable discharge (enlisted), or dismissal (officer); and forfeiture ofall pay and allowances, and in some cases a fine. A commander may order a soldier into pretrial confinement if he/she has reasonable grounds to believe that an offense triable by court-martial has been committed; that the soldier concerned committed it; and confinement is necessary either to ensure the soldier's presence at trial, or because it is foreseeable that the soldier will engage in additional serious criminal misconduct. The commander must also have reason to believe that less severe forms ofrestraint are inadequate. A legally qualified military defense counsel consults with the soldier within 72 hours from the time the soldier enters.pretrial confinement. Not later than 48 hours after the soldier has entered into pretrail confinement, the soldier's case must be reviewed and a decision made whether pretrail confinement should continue. Ifpretrial confinement is to continue, the commander must prepare a written memorandum detailing the reasons for continuing confinement. Action by the Convening Authority Appellate Review A Judge Advocate, appointed as a military magistrate, will review the legality ofpretrial confinement. This review must be accomplished within seven days from the time the soldier enters pretrial confinement and continues periodically until the soldier is released or tried. The magistrate is empowered to direct the release ofsoldiers from pretrial confinement. In addition to convening the court-martial, the convening authority is responsible for reviewing the findings and sentence in each case. The convening authority may never increase the severity ofthe sentence but may approve, set aside, modify, or reduce any part ofthe findings and sentence. In the case ofa general court-martial or special court-martial, which includes a sentence to a bad conduct discharge, the convening authority may not act until advice is received from the senior legal adviser and the counsel representing the soldier has had an opportunity to comment. After the convening authority has taken action, each case is reviewed to ensure that the findings and sentence are legally proper and correct. Only an appellate authority listed below has the lawful power to overturn a court-martial conviction. The soldier's appellate defense counsel is the proper person to bring any legal issues to the attention ofthe appellate courts. Ifa court-martial sentence does not include a discharge or at least one-year confinement, initial review will be by a Judge Advocate. Thereafter, even if there is no appeal, the soldier may petition. The Judge Advocate General for relief under the provisions ofArticle 69, UCMJ. The Judge Advocate General may vacate or modify in part, the findings or sentence or both ofa court-martial. Ifthe convening authority approves a sentence including a punitive discharge or confinement for one year or more, and the soldier has not waived or withdrawn appellate review, the case will be automatically considered by the United States Army Court ofCriminal Appeals. The United States Army Court of Criminal Appeals is composed ofmilitary judges. In addition, ifthe soldier has not waived or Other Review and Clemency Actions Army Clemency and Parole Board withdrawn appellate review, a general court-martial in which there has been a finding ofguilty and a sentence resulting in no discharge and no confinement for more than one year must be examined for error in the Office ofThe Judge Advocate General. Ifthe Court ofCriminal Appeals affirms any portion ofthe sentence or on good cause shown, a soldier may petition the United States Court ofAppeals for the Armed Forces for review. This Court is composed offive civilian judges. Ifthe Court of Appeals for the Armed Forces considers a case, but denies relief, the soldier may petition the United States Supreme Court for a writ of certiorari. In addition to the appellate review described above, the soldier may seek other extra-judicial relief Within two years ofthe approved court-martial sentence, the soldier may petition The Judge Advocate General for a new trial, on the grounds ofnewly discovered evidence or fraud on the court. Further, at any time after action by the convening authority, the soldier may petition the Secretary ofthe Army for clemency on the unexecuted portion ofthe sentence under Article 74, UCMJ. Within three years ofan alleged injustice, the soldier may apply for relief to the Army Board for Correction ofMilitary Records. Attorneys ofthe USATDS are available to assist the soldier with these actions. The Army Clemency and Parole Board (ACPB) automatically reviews the cases ofall soldiers whose courtmartial sentence includes confinement for at least 12 months. The ACPB considers eligible individuals for clemency at least annually. The review is conducted to determine whether parole, or sentence reduction and other forms ofclemency, is appropriate. INSPECTOR GENERAL INSIGNIA When to Consult the Inspector General (IG) INSPECTOR GENERAL REQUEST SYSTEM The Inspector General Action Request System provides assistance, corrects injustices, and acts as a catalyst for eliminating conditions detrimental to the Army's efficiency or reputation. Military and civilian personnel on duty with the Department of the Army and their family members have the right to register complaints or seek the assistance of an Inspector General in person or in writing. Army regulations strictly prohibit any type of disciplinary or other adverse action against an individual for registering a complaint or cooperating with an Inspector General. Soldiers and former soldiers frequently seek relief from adverse legal and administrative action for which a specific means of redress or remedy is provided by law or . regulation. In such cases the Inspector General (IG) will not intervene until the individual has first attempted to resolve the matters by means provided by law or regulation. Ifafter using the appropriate redress procedures the individual still desires IG assistance, the IG's efforts will be directed primarily toward ensuring that the individual was afforded due process and that his/her rights were protected as intended by law and regulation. Situations where IG assistance is appropriate are: Court-Martial Actions Nonjudicial Punishment Officer Evaluation Reports Enlisted Evaluation Reports Congressional Inquiries FOR ASSISTANCE Reductions in Grade Reports ofSurvey Type ofDischarge Received Pending or Requested Discharge Actions Covered by Grievance Procedures ' Congressional requests for Inspector General inquiries should be forwarded to the Congressional Inquiry : Division: OFFICE OF THE CHIEF LEGISLATIVE LIAISON 1600 ARMY PENTAGON WASHINGTON, DC 20310-1600 Inquiries may take several weeks to several months to complete,depending on the nature ofthe case. For Department of the Army Inspector General ' Assistance, a soldier or civilian may call: (800) 7529747. If in the Washington, DC, area, persons may visit DAIG in Room IE740, the Pentagon, or call (703) ' 695-1578/1579/1580. Hardship or Dependency Separation (AR 635-200, Chapter 6) Hardship (AR 635-200, Chapter 6, paragraph 6-3b) ENLISTED SEPARATIONS A hardship or dependency separation will be granted to a soldier if evidence submitted clearly indicates that the condition is not temporary and separation will alleviate the situation. A soldier desiring a hardship or dependency discharge must submit an application to his/her unit commander. A soldier on orders for an overseas assignment, who applies for hardship or dependency separation prior to departure, will be held at the losing station pending final disposition. A soldier assigned to an overseas unit, who is temporarily in the United States, should process his/her application at the nearest Army installation. Final approval or disapproval is the responsibility ofthe field commander. In circumstances not involving death or disability ofa member ofa soldier's family, a soldier may be separated from the Service to care for and support his/her family. Separations under this program include: Parenthood of Married Soldier -A married soldier who becomes a parent by birth, adoption, or marriage (stepparent), and whose child/ children under 18 years ofage reside within the household, may apply for separation under hardship. The soldier must submit evidence that the roles ofparent and soldier are incompatible and he/she cannot fulfill his/her military obligation without neglecting the child or children. Sole Parent -A soldier who is a "sole parent" and whose child/children under 18 years ofage reside within the household, may apply for separation under hardship. Dependency (AR 635-200, Chapter 6, paragraph 6-3a) Exceptions to Policy (AR 635-200, Chapter 5, paragraph 5-3) Sole Survivors (AR 635-200, Chapter 5, paragraph 5-4) When death or disability results in a family member becoming dependent upon the soldier for care or support he/she may be separated. (Pregnancy ofwife is not considered a disability.) A soldier may be considered for separation as an exception to policy in extraordinary circumstances. Examples of extraordinary circumstances are the denial ofa unique schooling opportunity, the denial ofa grant or scholarship, or the denial ofemployment which is a "once in a lifetime" opportunity. Requests should be submitted to the commander. Each case is judged on its own merits and must be fully supported by substantiating documentation. The final approval will be made by the Total Army Personnel Command (PERSCOM). A soldier who qualifies as a sole surviving son or daughter or as a surviving family member may request separation except during a period ofwar or national emergency declared by Congress. A sole surviving son or daughter is the only remaining son or daughter in a family whose parent (or one or more sons or daughters) served in the Armed Forces ofthe United States and: Was killed in action. Died in the line ofduty as a result ofwounds, accident, or disease. Is 1 00-percent physically disabled (to include 100-percent mental disability) as determined by the Department of Veterans Affairs or one ofthe military Services. This person must be hospitalized on a continuing basis and not gainfully employed because ofthe disability. Pregnancy Enlisted women who are found to have been pregnant upon (AR 635-200, enlistment will be involuntarily separated with an entry level Chapter 5, and separation. An enlisted woman who becomes pregnant Chapter 11, while in training will be involuntarily separated with an paragraph 11-3) uncharacterized separation when the training commander determines, in coordination with the medical officer (obstetrician), that she cannot fully participate in the training required for her military occupational specialty because ofher physical condition. (AR 635-200, When Service medical authorities determine that a woman is Chapter 8) pregnant, she will be counseled concerning her rights, entitlements, and responsibilities with respect to continued active duty and informed that she may request separation or she may remain on active duty. An enlisted woman who decides to request separation for pregnancy may request a specific separation date. The specified date will not be later than 30 days prior to the expected date ofdelivery or the latest date her physician will authorize her to travel. The approval authority for the discharge has been delegated to the installation where the soldier is assigned. Women who are separated for pregnancy which occurred after entry on active duty or initial active duty for training are entitled to maternity care in a military medical facility only. The Civilian Health and Medical Program ofthe Uniformed Services (CHAMPUS) may not be used. Separation Ifthe Army discovers within the first six months of for Medical enlistment that a soldier is not medically qualified based on Conditions procurement medical standards, he/she may be Which Existed administratively separated. Medical proceedings must (Prior to Service establish that a medical condition was identified (AR 635-200, within six months ofthe soldier's initial entrance on active Chapter 5, duty or active duty for training which - paragraph 5-11) Would have permanently disqualified the individual for entry into the Army had it been detected at that time; and 63 Involuntary Separation Due to Parenthood (AR 635-200, Chapter 6) Fraudulent Entry (AR 635-200, Chapter 7, paragraph 7-17) Separation for Alcohol or Other Drug Abuse Rehabilitation Failure (AR 635-200, Chapter 9) Discharge for the Good of the Service (AR 635-200, Chapter 10) Disqualifies him/her for retention in the Army under retention medical standards. Service will be characterized as honorable, under honorable conditions, or an entry level separation. This policy provides for separation because ofa soldier's inability to perform prescribed duties, repeated absences, or nonavailability for worldwide assignment as a result of parenthood. The soldier's service is characterized as honorable, under honorable conditions, or an entry level separation. An enlistment is fraudulent ifthe soldier intentionally concealed any enlistment disqualification. A fraudulent enlistee may be discharged, have his/her enlistment voided, or be retained depending upon the specific cause and circumstances ofthe case. If discharged, service may be characterized as honorable, general, under other than honorable conditions, or may be an entry level separation. A soldier enrolled in the Alcohol and Drug Abuse Prevention and Control Program may be separated because ofinability or refusal to participate in, cooperate in, or successfully complete the program. Unless an entry level separation is authorized, an honorable or general character ofservic~ will be issued. Information concerning a soldier's participation in the Alcohol and Drug Abuse Prevention and Control Program cannot be released without special written consent of the soldier. A soldier who is subject to trial by a court-martial which could lead to a bad conduct or dishonorable discharge (BCD or DD) may request discharge for the good ofthe service. The soldier is normally issued a discharge under other than honorable conditions. Entry Level Performance and Conduct (AR 635-200, Chapter 11) Separation for Unsatisfactory Performance (AR 635-200, Chapter 13) A soldier may be separated because ofunsatisfactory performance or conduct (or both) while in entry level status (first 180 days ofcontinuous active military service). Army policy provides for the separation ofsoldiers who have demonstrated. that they are not qualified for retention because they cannot or will not adapt socially or emotionally to military life~ or cannot meet the minimum standards prescribed for successful completion of training because oflack ofaptitude, ability, motivation, or self-discipline~ have demonstrated character and behavior characteristics incompatible with satisfactory continued service~ are unable to complete training because ofpregnancy~ and have failed to respond to counseling. The service ofa soldier separated under these provisions will be described as uncharacterized. A commander may separate a soldier for unsatisfactory performance when it is clearly established that: The soldier will not develop sufficiently to become a satisfactory soldier. The seriousness ofthe circumstances is such that the soldier's retention would have an adverse impact on military discipline, good order, and morale. It is likely the soldier will be a disruptive influence in present and future duty assignments. It is likely that the circumstances forming the basis for initiation of separation proceedings will continue or recur. The ability ofthe soldier to perform duties effectively in the future and potential for advancement or leadership, are unlikely. The service ofa soldier separated for unsatisfactory performance will be characterized as honorable or under honorable conditions. Misconduct: Conviction by a Civil Court After Entry on Active Duty (AR 635-200, Section ll, Chapter 14) Acts or Patterns of Misconduct (AR 635-200, Section III) Homosexuality (AR 635-200, Chapter 15) Barto Reenlistment (AR 601-280, Chapter 10) A soldier who has been convicted by civil authorities, or the civil court action taken was tantamount to a finding of guilty, may be considered for discharge. Specifically, circumstances ofthe offense must warrant separation by either a punitive discharge which would be authorized for the same or a closely related offense under the Manual for Courts-Martial, or the sentence by civil authorities includes confinement for six months or more regardless of whether the sentence is suspended or the soldier is placed on probation. Normally, a discharge under other than honorable conditions is appropriate. A soldier is subject to separation for the following acts or patterns ofmisconduct: Numerous military disciplinary infractions. Discreditable involvement with civil or military authorities; conduct prejudicial to good order and discipline. Commission of a serious military or civil offense, if the circumstances ofthe offense warrant separation and a punitive discharge would be authorized for the same or a closely related offense under the Manual for Courts-Martial. Abuse ofillegal drugs. Normally, a discharge under other than honorable conditions is appropriate. A soldier will normally be separated for homosexuality if . he/she has engaged in, attempted to engage in, or solicited another to engage in a homosexual act; has stated he/ she is a homosexual or bisexual; or has married or attempted to marry a person ofthe same biological sex. Soldiers can be denied reenlistment iftheir continued service is deemed not to be in the best interest ofthe Army. The two types ofbars to reenlistment are: A Headquarters Department of the Army Bar to Reenlistment results from a qualitative screening of a soldier's records by the Department ofthe Army Selection Board. This is known as the Army's Qualitative (AR 601-280, Chapter 6) Reenlistment (AR 601-280, Chapter 2) Management Program. Under this program, the records of noncommissioned officers in rank of Sergeant through Sergeant Major are reviewed at Department ofthe Army level to determine ifthere are any reasons the soldier should not be continued on active duty. Among the reasons for imposition ofa bar to reenlistment are deficiencies in physical fitness/military bearing, accountability and responsibility, training, leadership, competence, and personal values. A soldier presented a bar to reenlistment under this program has the opportunity to appeal, and an appeal must be submitted within a set time frame. If an appeal is disapproved, the soldier faces involuntary separation. Appeals are considered by boards ofsenior commissioned and noncommissioned officers. The Qualitative Management Program is based on the premise that reenlistment is a privilege that should be limited only to the Army's best soldiers. A Field Commander's Bar to Reenlistment, the most common type ofbar, is initiated by the soldier's commander against a soldier whose performance is marginal and who possesses no potential for future military service as a noncommissioned officer. A field Commander's bar may be voided by the commander at any time. The soldier can appeal the bar to the next higher commander. A commander may deny a soldier the privilege ofreenlisting when he/she fails to meet required reenlistment qualifiers, e.g., trainability, physical readiness, weapons qualification, a record ofnonjudicial punishment, and failure to meet weight standards. MEDICAL CORPS PHYSICAL DISABILITY SYSTEM The United States Army Physical Disability Agency (USAPDA) manages the Army Physical Disability ,Evaluation System (PDES) which determines whether a ,soldier is unfit because ofa medical condition that prevents the performance ofhis/her duties. A soldier is referred to the PDES when a Medical Evalua tion Board (MEBD) determines the soldier does not meet medical retention standards or the Military Occupational Specialty Medical Retention Board (MMRB) directs referral into PDES. A soldier's commander may refer a soldier for a fitness for duty examination. Referral into ~PDES will result if the soldier does not meet medical retention standards as confirmed by the MEBD. The ,MMRB is an administrative screening board convened by the soldier's command. It evaluates the ability ofa soldier with a permanent physical profile with a numerical factor of"3" in one or more ofthe physical profile serial factors to physically perform his/her primary military occupational specialty (PMOS). The serial factors used are Physical (P);.Upper Body (U); Hearing (H); Lower Body (L); Eyes (E); and Psychiatric (S). Ideally a soldier would have a "1" in each factor. Referral into the ' ,I PDES is one offour actions the MMRB Convening ,, Authority may direct. This referral mandates a MEBD and I a Physical Evaluation Board (PEB). A soldier is compensated only for medical conditions which prevent,himlher from being able to reasonably perform his/ her job.' The presence ofa medical impairment does not, in itself; justify a finding ofunfitness because ofdisability. The MEBD is the soldier's first step in the PDES process. This board is reviewed by three physicians (one ofwhom may or may not be the attending physician) and must be approved by the Deputy Commander for Clinical Services (DCCS). Once approved, the MEBD, as well as personnel and administrative documents pertaining to the soldier, are forwarded to the PEB by the PEB Liaison Officer (PEBLO). The PEBLO is the soldier's counselor as his/her case works through the system. Once these records/documents are received by the PEB, the second step in the PDES process begins. The PEB is an administrative, fact-finding board consisting ofthree voting members; the President (usually a colonel), Personnel Management Officer (a field grade officer), and the Medical Officer. (The Army ensures proper Reserve representation on the board when a Reservist is being considered.) Initially, the PEB conducts an informal board without the soldier's presence. This board considers the soldier's medical condition, job requirements, and performance; and, based on the records of evidence, determines whether the soldier is fit or unfit. Ifthe soldier has continued to function in his/her PMOS despite the medical impairment, the soldier is found fit and returned to duty. This finding, however, does not alter the soldier's physical profile or other medical restrictions. Conversely, ifthe soldier's medical condition has left him/her unable to reasonably perform his/her duties, the PEB will find the soldier physically unfit. Disability ratings may vary between the Army and the Department ofVeterans Affairs (DVA). The Army rates only conditions determined to be physically unfitting, compensating for loss ofa career; while the DVA may rate any service-connected impairment, thus compensating for loss ofcivilian employability. Another difference is based on the term ofthe rating. The Army's ratings are permanent except when a medical condition improves or worsens while a soldier is on the temporary disability retired list (TDRL), while VA ratings may fluctuate with time, depending upon the progress ofthe condition. Further, the Army's disability compensation is based and affected by years ofservice and basic pay; while, VA compensation is a flat amount based upon the percentage rating received. Years ofservice, disability rating, and a finding that the impairment was incurred in the line ofduty determine whether a soldier who is ruled physically unfit will be retired for physical disability, or separated with or without disability compensation. Twenty years ofservice regardless ofthe disability rating results in disability retirement. Ratings of30 percent or more result in disability retirement regardless ofthe years of service. Ratings from 0 to 20 percent with less than 20 years of service result in separation with disability severance pay. A finding ofnot in line ofduty for the unfitting condition results in separation without entitlement to benefits. If the soldier is eligible for length ofservice retirement in such a situation, he must apply for it. A soldier whose disability is not stable but otherwise meets the criteria for permanent retirement, is placed on the TDRL. While on the TDRL, the soldier is subject to reexamination at least every 18 months for a maximum offive years, followed by PEB evaluation. PEB reevaluation may result in final disposition or retention on the TDRL. The soldier has the right to either concur or nonconcur with the PEB's finding. Ifthe soldier nonconcurs, he/she has the option ofeither submitting a statement of rebuttal or demanding a Formal Board. Ifhe/she demands a Formal Board, he/she has the right to legal representation by regularly appointed military counsel or counsel of his/her choice. He/she can choose to either appear or have counsel appear alone in his/her behalf He/she also may have witnesses testify for him/her. Based on the evidence and testimony presented, the PEB renders a finding offit or unfit. Again, the soldier can accept the board's finding or disagree and make a rebuttal statement. Ifthe soldier concurs with the PEB at either the Informal or Formal Board, the PEB has the authority to approve its finding. The case is then forwarded to the Physical Disability Branch (PDB) for administrative processing ofthe finding. The case is still subject to quality review and modification by USAPDA. Ifthe soldier disagrees with the final PEB finding, USAPDA is required to review the case. The third step in the PDES process involves USAPDA's case review. USAPDA may concur with the PEB and forward the case to PDS for administrative processing. Or USAPDA may modify the PEB's finding if new evidence is submitted or ifthere is a mistake oflaw. IfUSAPDA modifies the case, the soldier is once again given the opportunity to concur or nonconcur with the finding. Ifthe soldier has not had a Formal Board, he/she can request one at this time; or USAPDA may direct one. Ifthe soldier nonconcurs again, his/her case is referred to the Army Physical Disability Appeals Board (APDAB) for final determination. The final step in the PDES processing is the Physical Disability Branch. All case findings are administratively processed and executed by this Branch, including the disposition oforders and memorandums, and submitting the documents to the Transition Point. A soldier who believes there was an error or injustice in the adjudication ofhis/her case may apply to the Army Board for the Correction ofMilitary Records (ABCMR) or Army Disability Rating Review Board (ADRRB) for relief, as appropriate. The ABCMR is a statutory board established within the Office of the Secretary ofthe Army for the express purpose ofconsidering applications to determine the existence oferror or injustice and to make appropriate recommendations. The ADRRB is a component ofthe Army Council ofReview Boards and reviews disability percentage ratings upon request ofa soldier who has been retired for physical disability. ARMY REVIEW BOARDS Army Discharge Review Board (ADRB) Former and active duty soldiers may encounter situations wherein they feel they have been victims ofan error or injustice related to their military service. In such cases, the soldiers concerned often desire that their military records be corrected or changed to reflect action beneficial to them. Since no change can be made except as provided by law, two boards have been established to provide administrative redress for the soldier; the Army Discharge Review Board (ADRB) and the Army Board for Correction ofMilitary Records (ABCMR). The ADRB is authorized to change, correct, or modify any discharge or dismissal (except as detailed below) and to issue a new discharge in accordance with the facts presented to the Board. The Secretary ofthe Army, acting through the ABCMR, has the authority to correct an error or remove an injustice. Each case is considered individually, based on merit, the evidence presented, and a soldier's service record. The ABCMR continues to have a heavy case docket, and applications are considered in the order received. A waiting period of6 to 18 months is not unusual if the case involves multiple requests or complicated issues oflaw or fact. The ADRB is authorized to review cases involving the discharge or dismissal offormer members ofthe Army. Authorization is limited to discharge or dismissal other than sentence ofa general court-martial. The Statute of Limitations for application is 15 years from the date of Army Board for Correction of Military Records ABCMR) discharge. Applications must be made on DD Form 293, addressed to: Commander United States Army Reserve Personnel Center 9700 Page Boulevard St. Louis, MO 63132-5200 Panels ofthe Board meet regularly at Crystal City in Arlington, Virginia, and are scheduled periodically in major cities throughout the United States subject to the availability oftravel funds. Applicants may appear before the Board in Arlington, Virginia, before a Traveling Panel, or before a Hearing Examiner who will videotape testimony for presentation to the Board. Normally, applicants should not have to travel in excess of500 miles to be heard by a Traveling Panel or Hearing Examiner. Cases are heard in the order applications are received. Applicants requesting a records review can expect a wait of approximately 24-30 months before their case is heard. A hearing before an ADRB Traveling Panel or Hearing Examiner may take up to 18 months. Applications for any relief that can be accomplished by the correction ofa military record may be submitted to the ABCMR. The Board's jurisdiction is very broad, including as many as 50 separate subject areas, such as pay, promotions, physical disability retirement, awards, and the review ofthe sentences ofcourts-martial, including discharges received by general courts-martial. The ABCMR is composed ofcivilian members appointed by the Secretary ofthe Army, and is the highest level of administrative appeal within the Department ofthe Army. The Board will not consider an application until the applicant has exhausted all other effective administrative remedies afforded by existing Federal law or Army regulations. In the case ofdischarge review, applicants must first appeal to the ADRB. A claimant, his/her heir, or legal representative, must file the application for correction ofa record within three years after discovery ofthe alleged error or injustice. However, the ABCMR may excuse failure to file within the prescribed time ifit finds it would be in the interest ofjustice to do so. Generally, the time limitation on filing is strictly enforced. Applications not explaining the reasons for failure to file within three years may be returned without action. Application is made on DD Form 149. This is available at various Federal, state, and local veterans' assistance offices. Correction Board hearings are held only in Washington, DC. Applications ofactive duty personnel should be mailed to: Army Board for Correction of Military Records Crystal Mall 4, 2nd Floor 1941 Jefferson Davis Highway Arlington, VA 22202-4508 Applications ofother than active duty personnel should be mailed to: Commander United States Army Reserve Personnel Center ATTN: DARP-VSA-A 9700 Page Boulevard St. Louis, MO 63132-5200 Application forms DD Form 293 and DD Form 149 (at pages 75 and 79) are for you to locally reproduce. Form Approved APPI:.ICATION FOR THE REVIEW OF DISCHARGE OR DISMISSAL OMB No. 0704-(J()(U FROM THE ARMED FORCES OF THE UNITED STATES Expires Oct 31, 1990 Publk reporting burd~n for thi5 collection of information i$ ~tlmat~ to av~rage 30 minut~r.:, respon~. including the time for reviewing ln5tructlons, ~arching e•lstlng data 50urces, gathering and maintalni119 th~ data n~~-and completing and reviewing the collection o mformation. Send comments regarding this burden estlmat~ or any oth~r ac_ of this colle-•ne~Hrtrnent of Oefen\e. Wnh•~ron Headquarter' ~rvice\. orectorate lor tnlormatoon Operatoon\ and "eport,, !liS Jelfer\0<1 Oavo' Hoghway. \uote 1204. Arlin 1. ABERDEEN PROVING GROUND (2) 2. ANNISTON ARMY DEPOT (3) 3. FORT BELVOIR (8) 4. FORT BENNING (2) 5. FORT BLISS (16) 6. FORT BRAGG (7, 8) _ATIONS 7. FORT CAMPBELL (7) 8. FORT CARSON (5) 9. DETROIT ARSENAL TANK PLANT (12) 10. FORT DEVENS (5) 11. FORT DIX (3) 12. FORT DRUM (24) 13. DUGWAY PROVING GROUND (1) 14. FORT EUSTIS (3) 15. FITZSIMONS ARMY MEDICAL CTR (1) 16. FORT GORDON (1 0, 11) 17. FORT BENJAMIN HARRISON (6,10) 18. FORT HOOD (11) 19. FORT SAM HOUSTON (20, 21) 20. FORT HUACHUCA (5) 21. FORT IRWIN (40) 22. FORT JACKSON (2) 23. FORT KNOX (2) 24. FORT LEAVENWORTH (2) 25. FORT LEE (4) 26. LETTERKENNY ARMY DEPOT (9) 27. FORT LEWIS (6,10) 28. LEXINGTON BLUE -GRASS ARMY DEPOT ACT (6) 29. FORT MCCLELLAN (3) 30. FORT MCPHERSON (5) I FORT GILLEM (5) 31. FORT MEADE (1 ,3,5) 32. BAYONNE MILITARY OCEAN TERMINAL (13) 33. FORT MONMOUTH (6,12) 34. FORT MONROE (1) 35. OAKLAND ARMY BASE (9) 36. FORT ORO (17) 37. PICATINNY ARSENAL (11) 38. PINE BLUFF ARSENAL (4) 39. FORT POLK (6) 40. PUEBLO ARMY DEPOT ACT (3) 41. REDSTONE ARSENAL (5) 42. FORT RICHARDSON (AT LARGE) 43. FORT RILEY (2) 44. ROCK ISLAND ARSENAL (17) 45. FORT RUCKER (2) 46. SACRAMENTO ARMY DEPOT (5) 47. CHARLES MELVIN PRICE SUPPORT CENTER (12) 48. SAVANNA ARMY DEPOT ACT (17) 49. SENECA ARMY DEPOT (31) 50. SIERRA ARMY DEPOT (2) 51. FORT SILL (4) 52. FORT STEWART (1) 53. TOOELE ARMY DEPOT (1) 54. TRIPLER ARMY MEDICAL CTR (1) 55. UNITED STATES MILITARY ACADEMY, WEST POINT (19) 56. WHITE SANDS MISSILE RANGE (2) 57. FORT LEONARD WOOD (4) 58. YUMA PROVING GROUND (2) 59. SCHOFIELD BARRACKS (2) 60. FORT WAINWRIGHT (AT LARGE) 61. WALTER REED ARMY MEDICAL CTR (D.C. DELEGATE) 62. CARLISLE BARRACKS (27) 63. FORT DETRICK (6) 64. FORT MCNAIR (D.C. DELEGATE) 65. FORT MCCOY (6) 66. FORT MYER (8) 67. FORT SHAFTER (1) 68. FORT STORY (2) 69. RED RIVER ARMY DEPOT (1) 70. TOBYHANNA ARMY DEPOT (11) 71. VINT HILL FARMS STATION (10) ( ) INDICATES THE DISTRICT NUMBER H-1 Acronyms Alcohol Abuse Appellate Review Arlington Cemetery Anny Clemency and Parole Board Anny Community Service Anny Emergency Relief Anny Exceptional Family Member Program Anny Records Anny Review Boards Article 15 Assignments Attachment Awards Bands Bar to Reenlistment Benefits Burial Casualty Assistance Officer Casualty Notification Child Custody Clemency Community Activities Compassionate Requests Confinement Convening Authority Courts-Martial Cemeteries Death Delayed Entry Program Disability Discharge Displays Drug Abuse Emergency Notification Emergency Situations Enlistment Equipment Fraudulent Entry Garnishment Hardship Discharge Identification Card Indebtedness Inspector General Installations Interment Invitational Travel Order Leave Extensions I INDEX F-1-F-5 64 57 84-88 58 26-30 41 27 D-1-D-2 72-80 53 14-19 16 81-83 A-1 66-67 G-1 84-88 22 21-22 43 58 A-1-A-3 14 56 57 54-56 84-88 22 5 68-71 61-67 A-1-A-2, C-1 64 21 21-25 1-13 C-1-C-3 64 43 61-62 31-34 39-40 59-60 1-1 84-88 22 ! 24' I Married Anny Couples Program 16 Medical Evaluation Board 68-71 Military Honors 86 Military Justice 53-58 Money Matters 35-46 National Personnel Records Center D-1 Nonjudicial Punishment 53-54 Nonsupport 41-42 Officer Candidate School 9-10 Overseas Travel 18-19 Passports 19 Paternity 44-45 Pay 35-39 Personnel Assistance Points 24-25 Personnel Files D-1-D2 Physical Disability 68-71 Physical Evaluation Board 68-71 Pregnancy 16,63 Privacy Release lll Publications B-1 RECodes 3-4, E-1 Records D-l-D2 Recruiting 1-13 Red Cross 23-24 Reenlistment 2-4, E-1 Reentry Codes 3-4, E-1 Reserve Officer Training Corps 8-9 Reserve Pay 37-39 Review Boards 72-80 Scholarships 12-13 Separations 61-67 Sole Survivors 62 Support 41-45 Surplus Property C-1-C-3 Survivor Benefit Plan 40-41 Telephonic Inquiries iii Threat to Life 25 Uniform Code of Military Justice 53-58 Uniformed Services Uni versity ofHealth Sciences ofMedicine 13 Waivers to Enlist 5, E-1 Warrant Officer Flight 11-12 Written Inquiries iv ARMY INSIGNIA OF RANK OFFICERS ENLISTED RANK RANK Pay Pay Abbre-Abbre- Insignia Rank Insignia Rank Grade viation Grade viation General Sergeant Major * of the Army of the Army SMA E-9~ General GEN 0-10 Command Sergeant Major CSM E-9 **** Lieutenant ~ General LTG 0-9 ~ Sergeant Major SGM E-9 *** Major General MG 0-8 Brigadier First Sergeant 1SG E-8 General BG 0-7 ~ Master Sergeant MSG E-8Colonel COL 0-6 ~ Lieutenant (Silver) Sergeant First Class SFC E-7Colonel LTC 0-5 ~ Staff Sergeant SSG E-6 (Gold) Major MAJ 0-4 ~ DO Sergeant SGT E-5 Captain CPT 0-3 ~ Corporal CPL E-4 D ~ (Sliver) First • Specialist SPC E-4Lieutenant 1LT 0-2 Private First Class PFC E-3 Second Lieutenant 2LT 0-1 D •A (Gold) Private PVT E-2 Warrant Officers ICCCCI 1••••1 I••• I I •• • Chief Warrant Officer 5 Chief Warrant Chief Warrant Chief Warrant Warrant Officer 1 (CW5) officer 4 (CW4) Officer 3 (CW3) Officer 2 (CW2) (W01)