Is there any regulation or guidance that can help me stop my chain of command from chaptering me due to being unable to do shift work?

SGT Private RallyPoint Member — Wed, 14 Dec 2016 12:38:14 -0500

Good afternoon leaders. According to AR 635-200 separation due to sole dependency/ hardship based what I've read because my wife an I are duel military she is about to leave for a 9 month rotation overseas. We have a 5 yr old and 1 yr old and I'm unable to work shift work as an mp does it give my COC the right to chapter me out of the army. Any feed back,reg, or guidance to stop it would help.

Response by MSG Private RallyPoint Member made Dec 14 at 2016 12:54 PM

MSG Private RallyPoint Member — Wed, 14 Dec 2016 12:54:16 -0500

If I'm understanding this reg correctly, YOU have to request this chapter separation. But, as I am no lawyer....I recommend you see JAG ASAP.

Response by SSG Private RallyPoint Member made Dec 14 at 2016 1:16 PM

SSG Private RallyPoint Member — Wed, 14 Dec 2016 13:16:37 -0500

You need to have a family care plan. Get with your command and see how they can work with you to make a plan. Failure to have a working family care plan can lead to you being chaptered. like what are you going to do if you go to the field or you are also deployed. There is a lot that goes into a family care plan.

Response by MSG Private RallyPoint Member made Dec 14 at 2016 1:42 PM

MSG Private RallyPoint Member — Wed, 14 Dec 2016 13:42:33 -0500

http://www.apd.army.mil/pub/eforms/pdf/a5305.pdf

For the Family Care Plan

Response by 1SG Private RallyPoint Member made Dec 14 at 2016 1:59 PM

1SG Private RallyPoint Member — Wed, 14 Dec 2016 13:59:15 -0500

They can initiate a discharge on either one of you. As duel military you have a Family care plan appointing temporary guardians and such. If you can not conduct your duties because she is gone and you site childcare issues are the reason they can chapter you out for it. Commands usually will try and work with you if they know she is deployed but if it is constantly interfering with your duties then they more than likely don't want to deal with it and they will counsel you on needing to fix your childcare issues or initiate the chapter. It sucks but I've seen it before.

Response by CPT Mark Gonzalez made Dec 14 at 2016 6:06 PM

CPT Mark Gonzalez — Wed, 14 Dec 2016 18:06:38 -0500

Talk to your leadership and see if there is any flexibility, but it is your responsibility to maintain your care plan. The wife deploying is only a semi valid excuse as it doesn't waive the care plan obligation. However, maybe you can work something out. After you talk to your leadership you'll know how they feel and the fact that you are asking about the chapter means they want a fully functional MP who can work shift work. So talk to the leadership for flexibility or fix your care plan as they wouldn't be wrong for chaptering in the situation you described.

Response by SGM Erik Marquez made Dec 14 at 2016 8:55 PM

SGM Erik Marquez — Wed, 14 Dec 2016 20:55:12 -0500

You are required to have a family care plan..period.
You are required to fulfill what ever duties you are assigned regardless of your personal and additional obligations outside the military.
You are required to provide care for your dependents in your absence.

If you can not do those things in addition to performing your duties as required.. you will be separated.
Commonly if the situation is temporary, a week while a spouse attends a family emergency, a short hospital stay, the rules and reg will be overlooked.. But the Family care plans for dual mil couples is a hard and fast line.. and you it seems have run afoul of that line.

Response by MSG Private RallyPoint Member made Dec 15 at 2016 5:19 PM

MSG Private RallyPoint Member — Thu, 15 Dec 2016 17:19:04 -0500

Get your family care plan fixed and see Legal.

Response by SPC Michelle Goodhart made Dec 15 at 2016 9:41 PM

SPC Michelle Goodhart — Thu, 15 Dec 2016 21:41:02 -0500

You need to get a family care plan. If you do not have one your command can and probably will chapter you.

Response by SGT Private RallyPoint Member made Dec 17 at 2016 11:31 PM

SGT Private RallyPoint Member — Sat, 17 Dec 2016 23:31:43 -0500

I can't say where you need to go, but all I can say is that as a unique set of people we are suppose to help one another out and all people can say is chapter chapter chapter, it is a really jacked up service when you have a spouse doing there part and the other trying but children need their parent(s). When she gets back it can be your turn. We are suppose to be the biggest family in the world, but it really doesn't look like it.

Response by SGM Private RallyPoint Member made Dec 19 at 2016 2:52 AM

SGM Private RallyPoint Member — Mon, 19 Dec 2016 02:52:30 -0500

Not only no, but HELL NO! File a complaint immediately.

Response by SGT Private RallyPoint Member made Dec 20 at 2016 11:12 AM

SGT Private RallyPoint Member — Tue, 20 Dec 2016 11:12:32 -0500

Have you looked into the FCC for childcare? It's through CYS, but in home daycare instead of the regular CDC daycare. They are much more flexible, while bring under the same strict regulations as the CDC. It's a good alternative to sending your babies away to be with family or getting chaptered.

Response by SSG Private RallyPoint Member made Dec 20 at 2016 7:40 PM

SSG Private RallyPoint Member — Tue, 20 Dec 2016 19:40:04 -0500

There are ways that you can do shift work with children without your wife. There are ways that you could work shifts and still care for your children.

Response by SPC John Abbott made Dec 24 at 2016 8:31 PM

SPC John Abbott — Sat, 24 Dec 2016 20:31:56 -0500

You should get a hold of jag in this one

Response by SPC Meghan Hetherton made Dec 25 at 2016 7:50 PM

SPC Meghan Hetherton — Sun, 25 Dec 2016 19:50:46 -0500

Technically they can because you are suppose to have a family care plan if you are duel military. However, you can opt for a change in MOS, that would allow a more family friendly schedule, like supply, mechanics, aviation, etc.

Response by Sgt Joshua Seavey made Dec 26 at 2016 3:06 AM

Sgt Joshua Seavey — Mon, 26 Dec 2016 03:06:33 -0500

Honestly, your best bet is to make an appointment (if required) and talk to JAG. The military lawyers. On here you might get a close to correct answer; you might even get the correct answer, but are you willing to chance it? Don't take that chance... contact JAG.

Response by SSG Private RallyPoint Member made Dec 28 at 2016 2:30 PM

SSG Private RallyPoint Member — Wed, 28 Dec 2016 14:30:44 -0500

Logan, you still have my number? Call me

Response by SFC Don Vance made Jan 15 at 2017 7:31 AM

SFC Don Vance — Sun, 15 Jan 2017 07:31:56 -0500

If you don't have a family care plan in place you and your COC have already failed! Get it done!

Response by SGT Private RallyPoint Member made Feb 1 at 2017 7:48 AM

SGT Private RallyPoint Member — Wed, 01 Feb 2017 07:48:57 -0500

Yes it does they have the right to chapter you out because you signed when you volunteered into the military you had to sign a pair custodial transfer case and head to deploy and being in the military police score the Corps is a high profile combat unit which kind of porn any time without notice so they cannot have someone who is an MP such as you and when it's time to deploy not be able to do so because you don't have childcare program

Response by SSG Chris McKee made Feb 15 at 2017 3:42 PM

SSG Chris McKee — Wed, 15 Feb 2017 15:42:49 -0500

You're pretty much out of luck without a family care plan, what you're wanting is all the Rights and benefits of the military but not the responsibilities. Everybody wants to be the police until it comes time to be the police. Police work shiftwork, they work nights holidays and weekends just like the rest of the military.