Army Regulation 140-10, Army Reserve Assignments, Attachments, Details, in addition to Transfers, covers IRR transfers. the item details what a Soldier needs to do to request transfer coming from the Troop Program Unit (TPU) to the Individual Ready Reserve (IRR) because of dependency or hardship. of which article is usually based on paragraph 4-13 of of which regulation; voluntary reassignment for dependency or hardship.
During a soldier’s enlistment contract, a dependency or hardship may arise. The severity of the dependency need, or hardship, may prohibit the Soldier coming from continuing to meet TPU training in addition to deployment obligations. Meeting these obligations worsens the dependency or hardship.
In order to apply for transfer to the IRR, a Soldier must: be credited with IET completion, have an MOS, in addition to not be within 3 months of the end of his or her enlistment contract.
Dependency:
Many Soldiers have dependents, in addition to are able to meet their TPU obligations. However, there are instances when a dependency or hardship makes drilling incompatible with the needs of a Soldier’s family member.
of which may happen as a result of the Soldier’s spouse passing away, or the death of the only some other “able-bodied” family member. of which could also happen as a result of a change of a family member’s medical or physical condition.
The Soldier, in of which scenario, is usually the main family member able to address the dependency or hardship issue. The dependency, or hardship, focuses on a family member’s need for independent living supports in addition to additional care giver focus.
Family members of which need additional attention, in addition to independent living supports, include the intellectually disabled, physically disabled, medically disabled, incapacitating illness, etc. These family members are not able to live independently without adult supervision in addition to support. They need more attention, representation in addition to care effort, then normal.
Doctors, in addition to social services personnel, determine in addition to verify the status of the family member categorized into the “hardship” category. Doctors also determine medical conditions, in addition to the special care in addition to attention required for these individuals.
Children under 18 are included in of which category. Although they may be able to do basic day-to-day tasks, they need adult supervision, assistance, support, in addition to care.
If another member of the family is usually able to attend to these needs, the Soldier is usually usually able to participate in training, or mobilize. However, if the Soldier is usually the only one of which can provide independent living supports, or who can address the dependency or hardship, of which Soldier’s departure creates a hardship for the remaining family members.
In these scenarios, a Soldier’s absence results in neglect. the item also could result from the family member not receiving medical assistance support.
A dependency could arise, for example, when a Soldier’s spouse passes away, leaving the Soldier with the sole responsibility of tending to the remaining family members. These family members at of which point primarily depend on the Soldier for their independent living supports. Absence, of the Soldier, risks negligence toward the family member requiring additional care.
Again, doctors are required to determine the disability or ailment impacting dependency, or hardship relating to a disability or medical condition. Affidavits coming from social services personnel assist in verifying the Soldier’s need to tend to children under 18… Or to tend to adult family members with disabilities.
Hardship:
A Soldier finds himself, or herself, as the sole caregiver, or primary caregiver, for a family member. of which family member requires independent living supports. They may have special medical needs. Common categories in of which group include children under 18, incapacitated family members, in addition to family members which has a serious medical condition.
These Soldiers risk child or adult neglect if they’re not available to render proper care, assistance, or supervision.
Attendance at drill, annual training, active duty for training, or mobilization, creates a child or incapacitated adult care hardship in addition to possible neglect. A soldier may transfer to the IRR to mitigate of which risk.
Parenthood:
The Soldier fulfills a parent position either through having natural children under 18, or by becoming a step parent for children under 18. The children, or step children, need more support in addition to assistance than normal. The responsibilities, needed to address these supports, overburdens the remaining family members during prolonged Soldier absences.
Physically or intellectually disabled adults, whose disability began prior to their 18th birthday (incapacitated), fall under a similar category as a child under 18. These individuals can be the reason for the dependency or hardship. Doctors make the determination regarding disability.
Children under 18, in addition to incapacitated family members, must reside within the Soldier’s household.
A Soldier experiencing these conditions may submit a packet to request transfer to the IRR.
Sole parent:
Same situation as parenthood, except of which the Soldier is usually the only parent. of which Soldier is usually the only one available to address a child’s, or incapacitated child’s, independent living support or medical needs.
Sole parenthood can result coming from a birth to an individual mother; coming from one of the spouses becoming widowed; or coming from divorce. In cases of divorce, the Soldier might be awarded child custody. Divorce in addition to child custody court documents are needed to help support the IRR transfer request.
Family members:
When identifying a dependency, or hardship IRR transfer, only certain members of the family are considered. They include: spouse, daughter, son, stepdaughter, stepson, mother, father, sister, brother, in addition to an individual of which was “in loco parentis”.
“In loco parentis” is usually someone of which performed a parent role for the Soldier during the Soldier’s childhood. A minimum of 5 continuous years, during the Soldier’s childhood, is usually required for “in loco parentis”.
Have you been awarded guardianship, in addition to the person with whom you have guardianship over risks neglect due to your obligations? Check with JAG, in addition to with your servicing career counselor, regarding moving forward under the auspices of of which regulation.
Dependency or hardship requirements to transfer to the IRR:
* The dependency hardship has to occur, or be aggravated, since the Soldier enlisted or reenlisted.
* The hardship has to be either permanent, or long-term.
* The Soldier did everything of which he or she could do to address the dependency or hardship condition, while also meeting military obligations, however didn’t succeed.
Unable to resolve these conditions, a Soldier has no some other choice however to transfer to the IRR. Transfer to the IRR removes or reduces the hardship or dependency conflict with military obligations; which otherwise would likely be aggravated by meeting a military obligation.
The following, by themselves, do not justify transfer to the IRR:
* A soldier’s wife being pregnant.
* A soldier experiences a change of family income.
* Inconveniences to the Soldier because of military service.
* A Soldier not being able to get a dependent care plan approved.
Supporting evidence:
To transfer to the IRR, for dependency or hardship, you need supporting evidence. Witnesses can either submit an affidavit or statement. Affidavits usually carry more weight than a mere statement. Documents, like court documents, are also included. So, to improve your chances of getting an IRR transfer packet approved, use affidavits.
The affidavits must address the conditions of which created the hardship or dependency.
One affidavit, or statement, must be coming from each dependent related to the dependency or hardship. If not coming from of which dependent, coming from someone representing each affected dependent.
The packet needs a minimum of two affidavits coming from relevant agencies related to the dependency or hardship. For example, if a child incorporates a birth defect, an affidavit or statement coming from the child’s doctor is usually required. The some other affidavit can come coming from another doctor, or social worker.
If the child is usually physically or intellectually disabled, you can use an affidavit coming from both the child’s primary care doctor in addition to case manager.
In cases of disability, a physician’s certificate should be included. of which certificate has to specifically identify the date the disability began, the nature of the disability, in addition to the chances of recovery.
Additionally, you need a document listing family member details. of which includes both immediate in addition to extended. For each family member, you need names, ages, professions, home addresses, in addition to monthly income.
of which provides the Army which has a snapshot of the feasibility, or lack of feasibility, of the Soldier getting support coming from family members.
The above listed affidavits, coming from physicians, case managers, social workers, disinterested agencies, etc., must also include an explanation covering the ability of these some other family members to provide support.
A major theme to consider, when addressing these some other family members, is usually financial in addition to physical support. If the Soldier, requesting transfer to the IRR, mobilizes or goes on active duty, can these some other family members help in any way? If they could help, would likely their help be sufficient to substitute for the Soldier’s support from the Soldier’s prolonged absence?
Or, would likely these family members be unable to provide any kind of substantive help, financial or physical? Details have to be provided from the affidavit to support the answer.
Follow these details up with justifications as to why you are the only one of which is usually able to effectively address the dependency hardship issue… in addition to the ramifications, to the dependency or hardship, in your absence. If others are available to help, would likely their help be insufficient in your absence?
If the dependency or hardship issue is usually the result of a death from the family, a copy of the death certificate must be included from the packet.
Parenthood as cause for dependency or hardship issue:
The Soldier could either be married, or be the only parent. Affidavits must be provided to support the dependency or hardship issue. Events have to be beyond the Soldier’s control, in addition to these events need to have occurred after the marriage.
Consequently, being present for military training or some other military obligation will result in child, or incapacitated family member, neglect.
Affidavits coming from the Commanding Officer in addition to coming from the first officer from the Soldier’s chain of command may meet the evidence standard for hardship or dependency due to parenthood.
In cases of divorce, or separation, court documents substantiating award of child custody, for the Soldier, are required for inclusion from the packet.
Examples of hardship:
* Physically disabled adult needing assistance from the home in addition to from the community.
* Intellectually disabled adult needing assistance from the home in addition to from the community.
* Family member incapacitated by prolonged illness.
* Family member of which, if left alone for long periods of time, would likely have a difficult or impossible time addressing a basic need.
of which list is usually not inclusive.
Tips:
Ensure of which these affidavits prove of which you are the sole, or main, effort in addressing the dependency or hardship. of which, without you to address the item, there is usually no viable alternative to completely address the dependency or hardship.
AR 140-10, Paragraph 4-13, provide the minimum affidavits for each of the situations above. The more affidavits of which you could include from the packet, the stronger your case. They must meet the requirements mentioned in of which paragraph.
Refer to AR 140-10, paragraph 4-13, for details on what was covered in of which article. Paragraph 4-13 of AR 140-10 supersedes of which article in cases of possible disagreement.
of which is usually not legal advice. Contact your local JAG for assistance with legal matters.
References:
AR 140–10 Army Reserve Assignments, Attachments, Details, in addition to Transfers
AR 140–185 Training in addition to Retirement Point Credits in addition to Unit Level Strength Accounting Records
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