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TRANSITIONAL COMPENSATION FOR ABUSED FAMILY MEMBERS

Date Signed: 3/19/2003
MARADMINS Number: 120/03


R 190950Z MAR 03
FM CMC WASHINGTON DC(n)
TO ML MARADMIN(n)
MARADMIN
BT
UNCLAS
MARADMIN 120/03
MSGID/GENADMIN/CMC WASHINGTON DC/MRO//
SUBJ/TRANSITIONAL COMPENSATION FOR ABUSED FAMILY MEMBERS//
POC/TRACY PERL/GS-11/MRO/-/TEL:(703)784-9526
/EMAIL:PERLTC@MANPOWER.USMC.MIL//
GENTEXT/REMARKS/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 THE ABUSIVE SERVICE MEMBER. AN
EXAMPLE OF THE INTENTION OF THE SUPPORT PAYMENTS WOULD INCLUDE THE
FOLLOWING: RELOCATION, FOOD, EDUCATION, COUNSELING, AND MEDICAL
TREATMENT.
2. MONTHLY PAYMENTS ARE BASED ON CURRENT DEPENDENCY AND INDEMNITY
COMPENSATION RATES. THESE RATES SLIGHTLY INCREASE EACH DECEMBER.
FISCAL YEAR 2003 MONTHLY ENTITLEMENT RATES ARE AS FOLLOWS:
$ 948.00 SPOUSE
$ 237.OO EACH DEPENDENT CHILD
$ 402.OO DEPENDENT CHILD ONLY
COMMISSARY AND EXCHANGE PRIVILEGES AND HEALTH CARE BENEFITS ARE
AVAILABLE FOR THE DURATION OF PAYMENTS.
3. ELIGIBILITY:
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 A FAMILY MEMBER ABUSE OFFENSE RESULTING IN THE
SEPARATION FROM ACTIVE DUTY PURSUANT TO A COURT-MARTIAL
SENTENCE.
B. ADMINISTRATIVELY SEPARATED FROM ACTIVE DUTY IF THE BASIS
FOR SEPARATION INCLUDES A FAMILY MEMBER ABUSE OFFENSE.
C. HAS RECEIVED FORFEITURE OF ALL PAY AND ALLOWANCES AS A
RESULT OF A COURT MARTIAL FOR A FAMILY MEMBER ABUSE OFFENSE.
THE FAMILY MEMBER ABUSE OFFENSE(S)MUST BE COMMITTED BY THE
SERVICE MEMBER INVOLVING ABUSE OF THE SPOUSE OR A DEPENDENT
CHILD(REN) OF THE SERVICE MEMBER AND IS A CRIMINAL OFFENSE
DEFINED BY THE UCMJ OR OTHER CRIMINAL CODES APPLICABLE TO
THE JURISDICTION WHERE THE ACT OF ABUSE IS COMMITTED.
4. PAYMENTS TO THE FAMILY MEMBERS ARE MADE AS FOLLOWS:
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 FAMILY MEMBER

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 DEPENDENT 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 AN UNMARRIED CHILD WHO WAS RESIDING WITH THE
SERVICE MEMBER AT THE TIME OF THE DEPENDENT ABUSE OFFENSE RESULTING
IN THE SEPARATION OF THE FORMER 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 THE CHILD'S 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) EXECUTED IN THE CASE OF
THE FORMER SERVICE MEMBER, DEPENDENT ON THE SERVICE MEMBER
FOR OVER ONE-HALF OF THE CHILD'S 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. COMMENCEMENT OF PAYMENTS:
FOR SERVICE MEMBERS CONVICTED BY A COURT-MARTIAL FOR A FAMILY
MEMBER ABUSE OFFENSE, PAYMENTS WILL COMMENCE AS OF THE DATE OF THE
APPROVAL OF THE CONVENING AUTHORITY, IF THE SENTENCE INCLUDES
SEPARATION. FOR SERVICE MEMBERS CONVICTED BY ADMINISTRATIVE
SEPARATION, PAYMENTS WILL COMMENCE AS OF THE DATE OF NOTIFICATION
OF SEPARATION. OFFICERS "LETTER OF NOTIFICATION" IS TITLED "BOARD
OF INQUIRY".
7. DURATION OF PAYMENTS:
DURATION OF PAYMENTS WILL BE AT LEAST 12 MONTHS BUT NOT MORE THAN
36 MONTHS. DURATION OF PAYMENTS IS BASED ON THE UNSERVED PORTION
OF THE SERVICE MEMBERS END OF ACTIVE OBLIGATED SERVICE (EAS).
FAMILY MEMBERS OF OFFICERS WITH A CURRENT 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. ARREARS OF PAY IN THE EVENT OF DEATH OF SPOUSE OR
DEPENDENT CHILD(REN) WILL NOT BE PAID.
8. TERMINATION OF PAYMENTS:
IF THE SERVICE MEMBERS COURT MARTIAL DISCHARGE IS REMITTED, SET
ASIDE, OR MITIGATED, PAYMENTS WILL TERMINATE. IF THE SERVICE
MEMBERS ADMINISTRATIVE SEPARATION IS DISAPPROVED, PAYMENTS WILL
TERMINATE. 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 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 DATE OF REMARRIAGE. 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:
THE SPOUSE AND DEPENDENT CHILD(REN) LIVING WITH AN ACTIVE
PARTICIPANT OF THE INITIATION OR CONTINUATION OF ABUSE IS 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 COMMAND OR LEGAL
OFFICE OF DECISION AND FORWARD APPROVED FORMS TO DFAS FOR RECIPIENT
TO RECEIVE PAYMENTS. CMC (MRP-1) WILL COORDINATE WITH DEFENSE
MANPOWER DATA CENTER TO ENTER APPLICANT ELIGIBILITY INTO THE
DATABASE. MARINE CORPS COMMUNITY SERVICES 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. COMMANDING
OFFICERS/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 DIRECT DEPOSIT FORM TO CMC (MRO). COMMANDING
OFFICERS/LEGAL OFFICERS WILL:
A. COMPLETE SECTION I, PAYEE INFORMATION. THE INFORMATION
MUST COME FROM SERVICE RECORDS FOR COMPLETION 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 SUCH CIRCUMSTANCES ARISE AND THE
APPLICANT IS NOT AVAILABLE OR SIGNATURE, THE COMMANDING
OFFICER/LEGAL OFFICER IS REQUIRED TO MAIL THE APPLICATION
TO THE PAYEE.
B. COMPLETE SECTION II, MEMBER IDENTIFICATION.
C. FAX TO CMC (MRO) THE COMPLETED 2 PAGE APPLICATION, DIRECT
DEPOSIT FORM, COPY OF FAMILY MEMBER ID CARD, AND COURT
MARTIAL OR NOTIFICATION OF ADMINISTRATIVE SEPARATION.
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.
D. IF SUCH A SITUATION EXISTS AND IT IS NOT FEASIBLE FOR A
POTENTIAL RECIPIENT TO HAVE SUCH ACCESS OR CONTACT TO A
MILITARY INSTALLATION FOR A COMMANDING OFFICER OR A LEGAL
OFFICE TO INITIATE THE APPLICATION FOR TRANSITIONAL
COMPENSATION, POTENTIAL RECIPIENTS MAY SELF SUBMIT AN
APPLICATION COMPLETED TO THE BEST OF THEIR ABILITY.
POTENTIAL RECIPIENTS MAY SUBMIT THROUGH THE FAMILY ADVOCACY
PROGRAM OR THROUGH PERSONAL FAX OR MAIL.
14. POINT OF CONTACT/ADDRESS/PHONE/FAX:
HEADQUARTERS UNITED STATES MARINE CORPS
PERSONAL AND FAMILY READINESS DIVISION (MRO)
3280 RUSSELL ROAD
QUANTICO VA 22134
PHONE: (703) 784-9546
FAX: (703) 784-9826//