MARADMINS : 221/03
R 081600Z MAY 03
FM CMC WASHINGTON DC(uc)
TO AL MARADMIN(uc)
MARADMIN
BT
UNCLASSIFIED
MARADMIN 221/03
MSGID/GENADMIN/CMC WASHINGTON DC JA//
SUBJ/EFFECT OF MCO P5800.16A CH3 ON PRE-EXISTING
SUPPORT ORDERS AND WAIVERS//
NARR/POC/MAJ J CHRISTIANSEN/DEPUTY BRANCH HEAD/JAL HQMC/
TEL: DSN 224-1266/TEL: COMM 703-614-1266/FAX: 703-697-4836//
RMKS/1. PURPOSE. TO CLARIFY THE AFFECT THAT CHANGE 3 TO MCO
P5800.16A MAY HAVE ON ANY SUPPORT ORDERS OR WAIVER IN
EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THE CHANGE.
2. BACKGROUND. PRIOR TO CHANGE 3 BEING SIGNED INTO EFFECT,
CHAPTER 15 OF MCO P5800.16A GAVE DIRECTION TO COMMANDERS
ON HANDLING NON-SUPPORT COMPLAINTS. IT PROVIDED FORMULAS
FOR CALCULATING THE REQUIRED AMOUNT OF SUPPORT FOR DEPENDANTS.
IT ADDITIONALLY GAVE COMMANDING OFFICERS AND GENERAL
COURT-MARTIAL CONVENING AUTHORITIES THE ABILITY TO GRANT
CERTAIN WAIVERS FROM THE REQUIREMENT TO PAY SUPPORT. CHANGE 3
WAS SIGNED AND BECAME EFFECTIVE ON 18 MARCH 2003. IN ADDITION
TO OTHER MODIFICATIONS, CHANGE 3 REPLACED THE CALCULATION
FORMULAS WITH A NEW SUPPORT TABLE. IT ALSO ELIMINATED
CERTAIN BASES FOR SUPPORT WAIVERS.
3. DISCUSSION. THE MAJOR PURPOSES OF THE MODIFICATIONS
WERE TO CREATE A MORE EQUITABLE ORDER AND TO ALIGN THE
MARINE CORPS SUPPORT STANDARDS MORE UNIFORMLY WITH THE
SUPPORT STANDARDS OF THE OTHER SERVICES AND THOSE OF
MOST STATES. PRIOR TO THE SIGNING OF CHANGE 3, MANY SUPPORT
ORDERS AND WAIVERS BASED ON THE PREVIOUS RULES WERE IN EFFECT.
ALTHOUGH CHANGE 3 WAS IN EFFECT ON 18 MARCH 2003,
PARAGRAPH 15001.5 DICTATES THAT THE STANDARDS SET FORTH THEREIN
ARE NOT TO BE APPLIED UNTIL THE COMMANDING OFFICER HAS RECEIVED
A COMPLAINT OF NON-SUPPORT.
THUS, THERE IS NO REQUIREMENT FOR A COMMAND TO RESCIND OR
MODIFY ANY SUPPORT ORDER OR WAIVER THAT PRE-EXISTED CHANGE
3 UNTIL A COMPLAINT SUBSEQUENT TO 18 MARCH 2003 IS RECEIVED.
4. ACTION. DO NOT RESCIND OR MODIFY ANY SUPPORT ORDER OR WAIVER
UNTIL AND UNLESS EITHER THE MARINE OR THE FAMILY MEMBER INVOLVED
REQUESTS RECONSIDERATION OR SUBMITS A NEW NON-SUPPORT COMPLAINT
SUBSEQUENT TO 18 MARCH 2003. SUCH REQUEST OR COMPLAINT SHALL BE
HANDLED PER PARAGRAPH 15003 AND THE CURRENT STANDARDS OF PARAGRAPH
15004 SHALL BE APPLIED. DEVIATION FROM THE STANDARDS OF PARAGRAPH
15004 IS ALLOWED ONLY UNDER THE CIRCUMSTANCES LISTED IN PARAGRAPH
15005. SUCH MODIFICATIONS MAY BE APPLIED ONLY AFTER THE COMMANDING
OFFICER HAS CONSULTED WITH HIS SJA AND IS SATISFIED BY A PREPONDERANCE
OF THE EVIDENCE THAT THE UNDERLYING INTENT OF CHAPTER 15, TO PROVIDE
ADEQUATE AND CONTINUOUS SUPPORT TO FAMILY MEMBERS, WOULD BE FURTHERED.
EXTENDING PRE-EXISTING WAIVERS BASED ON GROUNDS NOT LISTED IN PARAGRAPH
15005 IS NOT AUTHORIZED. THIS MARADIMIN IS EFFECTIVE RETROACTIVELY
TO 18 MARCH 2003.//