Army Regulation 140-10, Assignments, Attachments, Details and Transfers of the Army Reserve, covers IRR transfers. It explains in detail what a soldier must do to request the transfer of the Troop Program Unit (TPU) to the Individual Loan Reserves (IRR) because of his dependency or his difficulties. This article is based on paragraphs 4-13 of this regulation; voluntary reassignment for dependency or difficulties.
During the contract of engagement of a soldier, an addiction or difficulties may arise. The severity of the need for dependency or difficulties may prevent the soldier from continuing to meet the TPU training and deployment requirements. Respect for these obligations aggravates dependency or difficulties.
To apply for transfer to TRI, a soldier must: be credited with the completion of the EIT, have an MOS and not be within 3 months of the end of his / her contract of employment.
Many soldiers have dependents and are able to meet their UPT obligations. However, there are cases where dependency or difficulties make drilling inconsistent with the needs of the soldier's family member.
This may occur as a result of the death of the spouse of the soldier or the death of the only other member of the "physically fit" family. This could also occur as a result of a change in the state of health or physical condition of a family member.
In this scenario, the soldier is the main member of the family who can solve the problem of addiction or difficulties. Addiction, or difficulties, emphasizes the need for a family member to benefit from supports for independent living and extra attention for the caregiver.
Family members who need extra attention and independent livelihoods include the mentally handicapped, physical, medical, incapacitating, and so on. These family members can not live independently without the supervision and support of an adult. They need more attention, representation and then normal care efforts.
Physicians and social services staff determine and verify the status of the family member in the "hardship" category. Physicians also determine the medical conditions, as well as the special care and attention required of these people.
Children under 18 are included in this category. Although they may be able to perform basic daily tasks, they need the supervision, assistance, support and care of an adult.
If another family member is able to meet these needs, the soldier is usually able to participate in the training or to mobilize. However, if the soldier is the only one who can provide independent livelihoods or cope with addiction or difficulties, the soldier's departure creates difficulties for the remaining family members.
In these scenarios, the absence of a soldier results in negligence. The family member may also not receive medical assistance.
Dependency can occur, for example, when the spouse of the soldier dies, the soldier being solely responsible for taking care of other family members. These family members now depend mainly on the soldier for their independent livelihood. The absence, of the soldier, is likely to be negligent towards the family member requiring additional care.
Again, physicians are required to determine the disability or illness that affects the dependency or difficulties associated with a disability or health problem. Affidavits from social service personnel help to verify the soldier's need to look after children under 18 years of age … or to take care of adult members of the family with disabilities.
A soldier is, or is himself, the sole caregiver, or primary caregiver, of a family member. This family member needs independent livelihoods. They may have special medical needs. Common categories in this group include children under 18, family members with disabilities and family members with a serious health problem.
These soldiers risk the neglect of a child or adult if they are not available to provide the necessary care, assistance or supervision.
Attendance at exercise, annual training, active coaching service or mobilization creates a burden for the child or disabled adult and a possibility of negligence. A soldier can be transferred to the IRR to mitigate this risk.
The soldier fulfills a parenting function by having natural children under 18 or by becoming a step-parent for children under 18 years of age. Children, or stepchildren, need more support and assistance than normal. The responsibilities to deal with these supports overwhelm the remaining family members during extended absences of soldiers.
Adults physically or intellectually disabled, whose disability began before their 18th birthday (disability), belong to the same category as a child under 18 years of age. These people may be the reason for addiction or difficulties. Doctors determine disability.
Children under the age of 18 and family members who are incapacitated must reside in the soldier's household.
A soldier who meets these conditions may submit a package to request his / her transfer to TRI.
Same situation as parent, except that the soldier is the only parent. This soldier is the only one who is available to meet the medical needs or support needs of independent living of a child or a disabled child.
Single parenthood can result from the birth of a single mother; one of the spouses becoming widowed; or divorce. In case of divorce, custody of the child can be attributed to the soldier. Court documents relating to divorce and child custody are required to support the TRI transfer request.
When identifying a transfer of dependency or difficulties, only certain family members are taken into account. They include: spouse, daughter, son, daughter-in-law, step-son, mother, father, sister, brother and an individual "in loco parentis".
"In loco parentis" is a person who played a parent role for the soldier during his childhood. A minimum of five consecutive years, during the soldier's childhood, is required for "in loco parentis".
Have you got the guardianship and the person with whom you are under guardianship risk being neglected because of your obligations? Check with the JAG and your career services advisor to find out if you want to go ahead under the auspices of this policy.
Conditions of dependence or difficulties to be transferred in the TRI:
* Dependence difficulties must occur or be aggravated since the enrollment or re-enrollment of the soldier.
* Difficulties must be permanent or long term.
* The soldier did everything he could to relieve the addiction or the difficulties, while respecting the military obligations, but was unsuccessful.
Unable to resolve these conditions, a soldier has no choice but to switch to TRI. The transfer to the IRR eliminates or reduces the difficulties or the conflict of dependence with the military obligations; which would otherwise be aggravated by the respect of a military obligation.
The following elements, in themselves, do not justify the transfer to TRI:
* The wife of a soldier is pregnant.
* A soldier experiences a change in family income.
* Disadvantages for the soldier because of military service.
* A soldier can not get approval for a care plan for dependents.
Proof of support:
To go to TRI, in case of dependency or difficulties, you need supporting evidence. Witnesses may submit an affidavit or statement. Affidavits usually carry more weight than a simple statement. Documents, such as court documents, are also included. So, to increase your chances of getting an approved IRR transfer package, use affidavits.
Affidavits must deal with conditions that created difficulty or dependence.
An affidavit, or statement, must come from each dependent dependent on the dependency or hardship. If it is not for that dependent, someone from each dependent affected.
The package requires at least two affidavits from relevant agencies related to addiction or difficulties. For example, if a child has a congenital anomaly, an affidavit or statement from his or her doctor is required. The other affidavit may come from another doctor or social worker.
If the child is physically or intellectually disabled, you can use an affidavit from your doctor and case manager.
In case of disability, a medical certificate must be included. This certificate must specifically identify the date on which the disability began, its nature and the chances of recovery.
In addition, you need a document listing details of family members. This includes both immediate and extended. For each family member, you need names, ages, occupations, personal addresses, and monthly income.
This gives the military a snapshot of the soldier's feasibility or otherwise of getting support from family members.
The affidavits listed above from physicians, case managers, social workers, selfless agencies, etc., should also include an explanation of the ability of these other family members to provide support.
Financial and physical support is a major theme to consider when talking to these other family members. If the soldier, seeking his transfer to the TRI, is mobilized or is on active duty, can these other family members help in any way? If they could help, would their help be enough to replace the soldier's support in his prolonged absence?
Or would these family members be unable to provide material, financial or material help? Details must be provided in the affidavit to support the response.
Follow these details and explain why you are the only one who can effectively solve the problem of addiction difficulties … And the consequences, addiction or difficulties, in your absence. If other people are available to help, would their help be insufficient in your absence?
If the addiction problem or hardship is the result of a death in the family, a copy of the death certificate must be included in the package.
Parenting as a cause of addiction or difficulties:
The soldier may be married or the only parent. Affidavits must be provided to support the problem of addiction or difficulties. Events must be beyond the control of the soldier and must have occurred after the marriage.
Therefore, being present for military training or fulfilling another military obligation will result in the negligence of a child or a disabled family member.
Affidavits of the Commanding Officer and the First Officer in the Soldier Chain of Command may be in accordance with the standard of proof applicable to parenting difficulties or dependence.
In case of divorce or separation, court documents justifying the award of custody of the child to the soldier are required to be included in the package.
Examples of difficulties:
* Physical handicapped adult needing assistance at home and in the community.
* Mentally handicapped adult in need of assistance at home and in the community.
* Family member with disability due to prolonged illness.
* A family member who, if left alone for long periods of time, would have a difficult or impossible time to meet a basic need.
This list is not inclusive.
Make sure these affidavits prove that you are the only one or the main effort to remedy the addiction or difficulties. That, without attacking you, there is no other viable solution to completely tackle addiction or difficulties.
Paragraphs 4 to 13 of RA 140-10 provide the minimum affidavits for each of the above situations. The more affidavits you can include in the package, the stronger your case will be. They must meet the requirements mentioned in this paragraph.
Refer to AR 140-10, paragraph 4-13, for more details on what was covered in this article. Paragraph 4-13 of AR 140-10 replaces this article in case of possible disagreement.
This is not a legal opinion. Contact your local JAG for help on legal matters.
AR 140–10 Allocations, Attachments, Details and Transfers of the Army Reserve
RA 140-185 Credits for Training and Retirement Points and Unit Accounting at the Unit Level