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TRANSITIONAL COMPENSATION FOR ABUSED FAMILY MEMBERS 

R 091040Z MAY 01      
      FM CMC WASHINGTON DC//MR//    
      TO MARADMIN    
      BT    
      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.//    
      BT