R 091040Z MAY 01
FM CMC WASHINGTON DC//MR//
TO MARADMIN
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UNCLAS //N01000//
MARADMIN 226/01
MSGID/GENADMIN/CMC WASHINGTON DC/MR//
SUBJ/TRANSITIONAL COMPENSATION FOR ABUSED FAMILY MEMBERS//
POC/MS. TRACY PERL/GS-09/TEL:703-784-9546/DSN 278-9546//
RMKS/1. THIS MARADMIN PROVIDES GUIDANCE REGARDING TRANSITIONAL
COMPENSATION FOR ABUSED FAMILY MEMBERS (TCAFM). TCAFM IS A
CONGRESSIONALLY AUTHORIZED PROGRAM THAT PROVIDES 12 TO 36 MONTHS OF
SUPPORT PAYMENTS TO FAMILY MEMBERS OF SERVICE MEMBERS WHO ARE
SEPARATED FROM ACTIVE DUTY BECAUSE OF DOMESTIC VIOLENCE. THESE
SUPPORT PAYMENTS ARE DESIGNED TO ASSIST FAMILY MEMBERS IN
ESTABLISHING A LIFE APART FROM AN ABUSIVE SERVICE MEMBER. THE
SUPPORT PAYMENTS MAY BE USED FOR: RELOCATION, FOOD, EDUCATION,
COUNSELING, AND MEDICAL TREATMENT EXPENSES.
2. MONTHLY PAYMENTS ARE BASED ON CURRENT DEPENDENCY AND INDEMNITY
COMPENSATION RATES, WHICH ARE ADJUSTED EACH DECEMBER.
FISCAL YEAR 2001 MONTHLY ENTITLEMENT RATES ARE AS FOLLOWS:
$ 911.00 SPOUSE
$ 229.OO EACH DEPENDENT CHILD
$ 327.OO DEPENDENT CHILD ONLY
COMMISSARY , EXCHANGE PRIVELEDGES, AND HEALTH CARE BENEFITS ARE
AVAILABLE FOR THE DURATION OF PAYMENTS.
3. ELIGIBILITY FOR TCAFM APPLIES IN CASES OF SERVICE MEMBERS WHO
HAVE BEEN ON ACTIVE DUTY FOR MORE THAN 30 DAYS; AND WHO, ON OR
AFTER 30 NOVEMBER 1993, HAVE BEEN:
A. CONVICTED OF FAMILY MEMBER ABUSE RESULTING IN THE
SEPARATION FROM ACTIVE DUTY PURSUANT TO A COURT-MARTIAL.
B. ADMINISTRATIVELY SEPARATED FROM ACTIVE DUTY FOR FAMILY
MEMBER ABUSE.
C. AWARDED FORFEITURE OF ALL PAY AND ALLOWANCES AS A RESULT
OF A FAMILY MEMBER ABUSE. THE ABUSE MUST HAVE BEEN COMMITTED BY THE
SERVICE MEMBER INVOLVING HIS/HER SPOUSE OR DEPENDENT CHILD(REN) AND
MUST HAVE BEEN A CRIMINAL OFFENSE DEFINED BY THE UCMJ OR OTHER
CRIMINAL CODES APPLICABLE TO THE JURISDICTION WHERE THE ACT OF ABUSE
WAS COMMITTED.
4. PAYMENTS TO THE FAMILY MEMBERS ARE MADE:
A. IF THE SERVICE MEMBER WAS MARRIED AND THE DEPENDENTS WERE
LIVING IN THE HOME AT THE TIME OF OFFENSE.
B. IF THERE IS A SPOUSE WHO IS INELIGIBLE TO RECEIVE PAYMENT
BECAUSE OF REMARRIAGE, COHABITATION, OR ACTIVE PARTICIPATION,
PAYMENTS WILL BE MADE TO EACH CHILD OF THE SERVICE MEMBER,
WHO DOES NOT RESIDE IN THE HOUSEHOLD OF THE SERVICE MEMBER.
C. IF THERE IS NO ELIGIBLE SPOUSE BECAUSE THE SERVICE MEMBER WAS
NOT MARRIED OR THE SPOUSE HAS DIED, PAYMENTS AT THE CHILD(REN) RATE
WILL BE MADE TO A LEGAL GUARDIAN ON BEHALF OF THE CHILD(REN) WHO DO
NOT RESIDE IN THE HOUSEHOLD OF THE SERVICE MEMBER.
D. IF A RECIPIENT IS INCAPABLE OF HANDLING HIS OR HER OWN
PERSONAL AFFAIRS, PAYMENT MAY BE MADE TO A COURT-APPOINTED GUARDIAN.
5. DEPENDENT CHILD DEFINED:
A DEPENDENT CHILD IS DEFINED AS AN UNMARRIED CHILD WHO WAS RESIDING
WITH THE SERVICE MEMBER AT THE TIME OF THE DEPENDENT ABUSE OFFENSE
RESULTING IN THE SEPARATION OF THE SERVICE MEMBER AND WHO IS:
A. UNDER 18 YEARS OF AGE;
B. 18 YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-SUPPORT
BECAUSE OF A MENTAL OR PHYSICAL INCAPACITY THAT EXISTED BEFORE THE
AGE OF 18 AND WHO IS (OR WAS AT THE TIME OF PUNITIVE OR OTHER
ADVERSE ACTION) DEPENDENT ON THE SERVICE MEMBER FOR OVER ONE-HALF OF
HIS/HER SUPPORT;
C. 18-22 YEARS OF AGE, ENROLLED IN A FULL TIME COURSE OF STUDY
IN AN INSTITUTION OF HIGHER LEARNING APPROVED BY THE SECRETARY OF
DEFENSE AND WHO IS (OR WAS AT THE TIME OF PUNITIVE OR OTHER ADVERSE
ACTION) DEPENDENT ON THE SERVICE MEMBER FOR OVER ONE-HALF OF THE
HIS/HER SUPPORT. STATUS OF A DEPENDENT CHILD IS DETERMINED AS OF THE
DATE ON WHICH THE SERVICE MEMBER IS CONVICTED OF THE OFFENSE OR IS
ADMINISTRATIVELY SEPARATED.
6. PAYMENTS FOR SERVICE MEMBERS CONVICTED BY A COURT-MARTIAL FOR
FAMILY MEMBER ABUSE WILL COMMENCE AS OF THE DATE OF THE APPROVAL OF
THE CONVENING AUTHORITY, IF THE SENTENCE INCLUDES SEPARATION. FOR
SERVICE MEMBERS PROCESSED FOR ADMINISTRATIVE SEPARATION, PAYMENTS
WILL COMMENCE AS OF THE DATE OF NOTIFICATION OF SEPARATION.
7. DURATION OF PAYMENTS:
PAYMENTS WILL BE MADE FOR AT LEAST 12 MONTHS BUT NOT FOR MORE THAN 36
MONTHS. DURATION IS BASED ON THE UNSERVED PORTION OF THE SERVICE
MEMBERS END OF ACTIVE OBLIGATED SERVICE (EAS). FAMILY MEMBERS OF
OFFICERS WITH AN INDEFINITE EAS WILL RECEIVE THE MAXIMUM DURATION OF
PAYMENTS. PAYMENTS WILL NOT BE MADE FOR ANY PERIOD PRIOR TO 30
NOVEMBER 1993. PAYMENTS WILL BE PRORATED. IN THE EVENT OF DEATH OF
SPOUSE OR DEPENDENT CHILD(REN), PAYMENT INARREARS WILL NOT BE
MADE.
8. TERMINATION OF PAYMENTS:
IF THE SERVICE MEMBERS' COURT MARTIAL DISCHARGE IS REMITTED, SET
ASIDE, OR MITIGATED, PAYMENTS WILL BE TERMINATED. IF THE SERVICE
MEMBERS' ADMINISTRATIVE SEPARATION IS DISAPPROVED, PAYMENTS WILL ALSO
BE TERMINATED. ADDITITONALLY, IF THE SERVICE MEMBERS' FORFEITURE OF
PAYMENTS IS REMITTED, SET ASIDE, OR MITIGATED, PAYMENTS WILL
TERMINATE. THE RECIPIENT(S) MAY NOT BE REQUIRED TO REPAY
ENTITLEMENTS BEFORE THE EFFECTIVE DATE OF SEPARATION, EXCEPT TO
RECOUP ANY AMOUNT THAT WAS ERRONEOUSLY PAID. DFAS WILL SEND A
NOTIFICATION OF CESSATION OF PAYMENTS TO THE RECIPIENT'S LAST KNOWN
ADDRESS. RECIPIENTS WILL RECEIVE ONE ADDITIONAL PAYMENT SUBSEQUENT
TO NOTIFICATION OF TERMINATION OF ENTITLEMENTS.
9. REMARRIAGE:
IF A SPOUSE RECEIVING ENTITLEMENTS REMARRIES, PAYMENTS TERMINATE AS
OF THE DATE OF MARRIAGE. PAYMENTS WILL NOT RESUME. CHILD(REN) WHO
ARE ELIGIBLE AND WHO ARE NOT LIVING IN THE SAME HOME AS THE
REMARRIED SPOUSE OR FORMER SERVICE MEMBER ARE ELIGIBLE TO RECEIVE
THEIR PORTION OF ENTITLEMENTS, PAYABLE, ON THEIR BEHALF, TO THEIR
LEGAL GUARDIAN.
10. COHABITATION:
IF THE SPOUSE RESIDES IN THE HOME OF THE FORMER SERVICE MEMBER,
PAYMENTS WILL TERMINATE. PAYMENTS WILL NOT RESUME.
11. ACTIVE PARTICIPANT:
IF THE SPOUSE AND DEPENDENT CHILD(REN) ARE LIVING WITH AN ACTIVE
PARTICIPANT OF THE INITIATION OR CONTINUATION OF ABUSE, THEY ARE NOT
ELIGIBLE TO RECEIVE PAYMENT.
12. ANNUAL CERTIFICATION:
THE SPOUSE OR COURT APPOINTED GUARDIAN WILL CERTIFY ANNUALLY TO THE
DEFENSE FINANCE AND ACCOUNTING SERVICE (DFAS) THAT HE/SHE HAS NOT
REMARRIED OR COHABITED WITH THE FORMER SERVICE MEMBER. DFAS WILL
VERIFY THIS INFORMATION. TCAFM RECIPIENTS ARE TO NOTIFY DFAS OF ANY
OF THE ABOVE CHANGES WITHIN 30 DAYS. IF THIS INFORMATION IS NOT
RECEIVED, PAYMENTS WILL TERMINATE IMMEDIATELY. IF THIS INFORMATION
IS FOUND TO BE INCORRECT OR UNTRUE, PAYMENTS WILL CEASE, BE
RECOUPED, AND FELONY PROSECUTION WILL OCCUR. THIS INCLUDES 25 YEARS
IN PRISON AND UP TO A $100,000.00 FINE.
13. RESPONSIBILITIES AND APPLICATION PROCEDURES:
CMC (MRO) WILL COORDINATE POLICY DEVELOPMENT AND REVIEW ALL APPLICANT
ELIGIBILITY. CMC (MRO) WILL NOTIFY THE COMMAND OR LEGAL OFFICE OF
THEIR DECISION, AND FORWARD APPROVED FORMS TO DFAS FOR RECIPIENT(S)
TO RECEIVE PAYMENTS. CMC (MRP-1) WILL COORDINATE WITH DEFENSE
MANPOWER DATA CENTER TO ENTER APPLICANT ELIGIBILITY INTO THE
DATABASE. MARINE CORPS COMMUNITY SERVICES DIRECTORS WILL ENSURE
WIDEST
DISSEMINATION OF INFORMATION ABOUT TCAFM TO PUBLIC AFFAIRS OFFICES,
STAFF JUDGE ADVOCATES, NCIS, BASE POLICE, LEGAL SERVICE OFFICES,
MILITARY MTF'S, CHAPLAIN OFFICES, AND TENANT COMMANDS.
COMMANDERS/LEGAL OFFICERS OF MARINES WHOSE FAMILY MEMBERS ARE
ELIGIBLE FOR TCAFM ARE RESPONSIBLE FOR INITIATING THE PROCESS, AS
WELL AS COMPLETING THE 2 PAGE APPLICATION AND SUBMITTING THE
APPLICATION AND A DIRECT DEPOSIT FORM TO CMC (MRO). COMMANDERS/LEGAL
OFFICERS WILL:
A. COMPLETE SECTION I, PAYEE INFORMATION. THIS INFORMATION MUST
COME FROM SERVICE RECORDS AND BE COMPLETED IN THE PRESENCE OF THE
APPLICANT. THE COMMANDING OFFICER WILL REVIEW ALL APPLICABLE
PROGRAM RULES AND REGULATIONS (SPECIFICALLY THOSE NOTED ON LINE 12
OF THE APPLICATION) AND WITNESS THE APPLICANTS SIGNATURE. IF
CIRCUMSTANCES ARISE SUCH THAT THE APPLICANT IS NOT AVAILABLE FOR
SIGNATURE, THE COMMANDING OFFICER/LEGAL OFFICER IS REQUIRED TO MAIL
THE APPLICATION TO THE PAYEE.
B. COMPLETE SECTION II, MEMBER IDENTIFICATION.
C. FAX THE COMPLETED 2 PAGE APPLICATION, THE DIRECT DEPOSIT
FORM, A COPY OF FAMILY MEMBER ID CARD, AND COURT MARTIAL OR
NOTIFICATION OF ADMINISTRATIVE SEPARATION TO CMC (MRO). ORIGINAL
APPLICATIONS MUST BE SENT TO CMC (MRO) WITHIN 5 WORKING DAYS FOR
PROCESSING. CMC (MRO) REQUIRES THE COMMAND TO RETAIN A COPY OF
THESE DOCUMENTS FOR 3 YEARS.
14. ADDITIONAL TRANSITIONAL COMPENSATION INFORMATION CAN BE
FOUND ON THE MARINE CORPS COMMUNITY SERVICES WEBSITE AT
WWW.USMC-MCCS.ORG, UNDER THE PERSONAL SERVICES SECTION,
PREVENTION/INTERVENTION. POINT OF CONTACT IS MS. TRACY PERL,
PREVENTION AND INTERVENTION (MRO) AT (703)784-9546 OR DSN 278-9546.
FAX: (703)784-9826/9825.//
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