AR 635-200 (17 December 2009)
6-3. Criteria
Soldiers on active duty may be discharged or released (see para 6-10) because of genuine dependency or hardship.
a. Dependency. Dependency exists when death or disability of a member of a soldier's (or spouses) immediate
family causes that member to rely upon the soldier for principal care or support. (See para 6-5 for definition of
soldier's immediate family.)
b. Hardship. Hardship exists when in circumstances not involving death or disability of a member of the soldiers
(or spouses) immediate family, separation from the Service will materially affect the care or support of the family by
alleviating undue and genuine hardship. (See para 6-5 for definition of soldier's immediate family.)
(1) Parenthood of married soldiers. A married soldier who becomes a parent by birth, adoption, or marriage
(stepparent) and whose child (or children) is less than 18 years of age and resides within the household, may apply for
separation under hardship. The soldier must submit evidence (see para 6-7b(5)) that the roles of parent and soldier are
incompatible and that the soldier cannot fulfill his/her military obligation without neglecting the child or children.
(2) Sole parents. Soldiers who are sole parents and whose children are under 18 years of age and reside within the
household, may apply for separation under hardship. A “sole parent” is defined as a parent who is single by reason of
never having been married, or who is divorced or legally separated and has been awarded child custody by judicial
decree or court order, or who is a widow/widower.
(3) Intent. It is not the intent of the Armys policy regarding married soldiers who are parents or soldiers who
become sole parents, to arbitrarily allow the separation of an enlisted woman who remained in the Service during her
pregnancy and then requested release immediately after receiving the medical and monetary benefits related to prenatal
and postnatal absence and delivery.
(4) Supporting evidence. Supporting evidence will be provided as per paragraph 6-7b(5). Paragraph 6-7b(5)
minimizes the supporting evidence for these two policies. However, soldiers must meet the application criteria in
paragraph 6-4 in addition to the requirement that there be unexpected circumstances beyond the soldier's control
justifying separation. An example of unexpected circumstances beyond the soldier's control is the birth of a child with
a serious birth defect requiring constant care. Inability to obtain an approved dependent care plan does not qualify the
soldier for separation under this provision.
6-4. Application of criteria
a. Separation from the service of soldiers because of dependency will be granted when all the following circumstances
exist:
(1) Conditions have arisen or have been aggravated to an excessive degree since entry on AD or ADT.
(2) Conditions are not of a temporary nature.
(3) Every reasonable effort has been made by the soldier to alleviate the dependency or hardship conditions without
success.
(4) Separation from active military service of the soldier is the only readily available means of eliminating or
materially alleviating the dependency or hardship conditions.
b. Circumstances outlined in (1) and (2), below, do not justify separation because of dependency or hardship.
However, the existence of these circumstances does not prevent separation because of dependency or hardship,
provided the application meets the criteria in a, above.
(1) Pregnancy of an enlisted mans wife is not considered a condition for which his/her separation is justified.
However, this does not prevent separation because of a permanent medical disability resulting from pregnancy.
(2) Undue and genuine hardship does not necessarily exist because of altered income or because the soldier is
separated from his/her or her family or must suffer the inconvenience normally incident to military service.
6-5. Conditions affecting determination regarding separation for dependency or hardship
a. In determining eligibility for separation, members of the immediate family include only
(1) Spouse.
(2) Children.
(3) Father.
(4) Mother.
(5) Brothers.
(6) Sisters.
(7) Only living blood relative.
(8) Any person who stood in loco parentis to the soldier (or spouse) before entry into the Service. In loco
parentis is any person who has stood in the place of a parent to the soldier (or spouse) for a continuous period of at
least 5 years before he/she reached 21 years of age.
b. When a soldier is eligible for separation per this chapter, separation will not be disapproved because of the
soldier's indebtedness to the Government or to an individual.
c. When soldiers are eligible for separation, their separation will not be disapproved because their services are
needed by their organization.
d. Soldiers will not be separated because of dependency or hardship until proper disposition is made of the case if
they are
(1) Under charges.
(2) In confinement.
(3) Being processed for involuntary separation under this regulation.
(4) Being investigated under the military personnel security program.
(5) Being processed for discharge or retirement for physical disability; however, the application will be accepted and
processed to final decision.
e. A sentence to confinement (not including dishonorable or bad conduct discharge) will be fully served unless
terminated by proper authority before a separation for dependency or hardship may be given.
f. A soldier may request withdrawal of application at any time before the effective date. The separation authority,
based on the evidence provided by the soldier, may withdraw approval of separation before its effective date.
g. Commanders authorized to approve separation under this chapter will withdraw approval before its effective date
when
(1) The separation is being achieved by fraud by the soldier.
(2) An error is discovered that would have prevented approval.
(3) The soldier who has been approved for separation based on sole parenthood later marries.
(4) The soldier submits evidence that a hardship no longer exists.
h. The separation authority will ensure that this chapter is not used solely to procure a reassignment, a curtailment of
assignment, or an avoidance of an assignment. A soldier whose separation is not approved and requires a new PCS
assignment will be reported immediately available for assignment per AR 614-200, paragraph 3-15.
6-6. Application for separation
The soldier must request, in writing, separation from the Service because of dependency or hardship.
a. Submitting the application.
(1) A person serving in the United States or stationed overseas will submit an application to his/her commanding
officer. The evidence required in paragraph 6-7 must support the application.
(2) A person assigned to an overseas unit who is temporarily in the United States on leave or TDY will submit an
application to the commander of the Army installation (except MEPSs and recruiting main stations) nearest the
soldier's leave address or the installation to which temporarily assigned. In addition, no attachments to Army Medical
Centers are authorized for personnel unless the applicant is a patient or is being treated at that medical facility or unless
commuting distance to garrison or troop unit would create additional hardship to the applicant.
(3) A person assigned to a unit or installation within the United States who is temporarily in an overseas command
on leave or TDY will submit an application to the commander for the area in which he/she is located. The commander
specified in paragraph 1-19 will specify the unit to which the soldier will be attached while the application is being
considered. However, attachment to the nonpermanent party element of transfer points or stations is not authorized.
(4) Soldiers on orders for overseas shipment, either as individuals or as members of units, who apply for dependency
or hardship separation before departure from unit of assignment will be held at the losing station pending final
disposition of the application. (See AR 614-30.)
(5) Soldiers on orders for reassignment from one CONUS installation to another CONUS installation (either as
individuals or as members of units) who apply for dependency or hardship separation before departure from unit of
assignment will comply with reassignment orders if considered appropriate by the losing commander. The soldier will
be held at the losing installation if the application reflects sufficient grounds for approval. If not, the soldier will be
advised to submit the application upon arrival at the gaining installation.
(6) Applications for dependency or hardship separation from personnel en route overseas may be accepted at the
Army installation (except MEPSs) and recruiting main stations) nearest the soldier's leave address, if an interview
reveals information that may justify separation.
(a) The soldier will be attached at that installation until a final decision is made on the application.
(b) No attachments are authorized to Army medical centers for personnel unless the applicant is a patient or is being
treated at that medical facility or unless commuting distance to garrison or troop unit would create additional hardship
to the applicant.
(c) The losing commander, and the U.S. Army Military Personnel and Transportation Assistance Office at the aerial
port of embarkation (APOE) through which the soldier is scheduled to travel, will be notified of the attachment and
any later decision.
(d) The U.S. Army Military Personnel and Transportation Assistance Office will notify the gaining commander and
the Passenger Liaison Office, MTMC.
(e) The soldier en route overseas who arrives at the APOE and has not been previously attached to another
installation for the same purpose may be referred to the U.S. Army Military Personnel and Transportation Assistance
Office at the APOE, and to the Army installation nearest the port, for consideration of the application, if an interview
reveals information that may justify separation for dependency or hardship. The soldier will be attached to the
installation nearest the aerial port until final determination is reached on the application.
(7) The soldier assigned to a CONUS unit who is on leave within CONUS normally will submit an application for
separation to his/her commanding officer per (1), above. However, when exceptional circumstances require the
soldier's continued presence, and if the commanders concerned agree, attachment to an installation to submit an
application for separation is authorized. Attachment to the nonpermanent party element at transition centers is not
authorized.
6-7. Evidence required
The supporting evidence for an application for separation because of dependency or hardship normally will be in
affidavit form. The evidence must substantiate the dependency or hardship conditions.
a. The evidence required will depend upon the nature of the claimed hardship. The application should include, as a
minimum, the following affidavits:
(1) A personal request for separation explaining the nature of the hardship condition and what the soldier intends to
do to alleviate it.
(2) An affidavit or statement by, or on behalf of, the soldier's dependents substantiating the dependency or hardship
claim.
(3) Affidavits by at least two agencies or individuals, other than members of the soldier's family, substantiating the
dependency or hardship claim.
b. Additional evidence may be required as follows:
(1) When the basis for the application is financial difficulty, a detailed statement is required to establish the monthly
income and expenses of the family.
(2) When the basis for the application is death of a member of the soldier's family, a death certificate or other valid
proof of death should be furnished.
(3) When the basis for the application is disability of a member of the soldier's family, a physicians certificate
should be furnished showing the diagnosis, prognosis, and date of disability.
(a) Preprinted medical statement forms, which require only a physicians signature, will not be issued or used for
hardship applications.
(b) The physician will prepare medical statements and certificates.
(4) When the soldier requests separation to support members of his/her family, other than spouse or children, the
application should show the names and addresses of other members of the family, and proof that they cannot aid in the
care of their family should be furnished.
(5) When the basis for separation is the soldier's parenthood, supporting evidence will be in affidavit form.
(a) Evidence will support the applicant's claim that unexpected circumstances, or circumstances beyond his/her
control, have occurred since acquired parenthood that prevent fulfillment of military obligations without neglect of the
child.
(b) Affidavits from the soldier's immediate commander or officer who is the job supervisor, as appropriate, will be
considered sufficient to substantiate the applicant's claim.
(c) Evidence in a(2) and (3), above, is not required for these applications. However, a judicial decree or court order
awarding child custody to the soldier will substantiate sole parenthood resulting from divorce or legal separation.
...
6-9. Service of the American Red Cross
a. Requests for supplemental factual information pertaining to applications for separation of soldiers because of
dependency or hardship may be made to the American Red Cross. Such requests originating within military agencies will be restricted to specific information when probable separation is warranted.
...
c. Soldiers or their dependents may request local chapters of the American Red Cross to assist in obtaining
necessary evidence to substantiate applications for separation. The American Red Cross does not, however, make
formal reports to military agencies unless requested by appropriate military commanders.
6-10. Type of separation
The criteria in chapter 1, section VII, will govern whether soldiers separated for dependency, hardship, or parenthood
of married soldiers or sole parents, will be released from AD or ADT with transfer to the IRR, or discharged. (See para
1-11 for additional instructions on ARNGUS and USAR personnel.)
6-11. Characterization or description of service
a. If the soldier is still in entry-level status, service will be described as uncharacterized.
b. If the soldier is beyond entry-level status, service will be characterized as honorable or under honorable
conditions as set forth in chapter 3, section II.
c. Before service is characterized as under honorable conditions, the soldier will be notified of the specific factors in
the service record that warrant such characterization. The notification procedure (see chap 2, sec I) will be used. | 
