R 201433Z JUL 12
UNCLASSIFIED//
MARADMIN 385/12
MSGID/GENADMIN,USMTF,2007/CMC WASHINGTON DC MRA MF(UC)/F002//
SUBJ/TRANSITIONAL COMPENSATION FOR ABUSED FAMILY MEMBERS//
REF/A/MSGID:DOC/10 USC 1059/-//
REF/B/MSGID:DOC/DODI 1342.24/YMD:19950523//
REF/C/MSGID:DOC/DODFRM VOL7B,CH60/YMD:20100201//
REF/D/MSGID:DOC/MCO P1900.16F/YMD:20070606//
REF/E/MSGID:DOC/MCO 1754.11/YMD:20120326//
POC/TASHA VENTERS/CIV/UNIT:MFC2/-/TEL:703-784-9546//
NARR/REF A IS 10 USC 1059 CHAPTER 53 MISCELLANEOUS RIGHTS AND BENEFITS OF DEPENDENTS OF MEMBERS SEPARATED FOR DEPENDENT ABUSE: TRANSITIONAL COMPENSATION, COMMISSARY AND EXCHANGE BENEFITS.  REF B IS THE DEPARTMENT OF DEFENSE INSTRUCTION ON TRANSITIONAL COMPENSATION FOR ABUSED DEPENDENTS.  REF C IS THE DEPARTMENT OF DEFENSE FINANCIAL MANAGEMENT REGULATION VICTIMS OF ABUSE - NON RETIREMENT ELIGIBLE MEMBERS (TRANSTIONAL COMPENSATION).  REF D IS MCO 1900.16F MARCORSEPMAN.  REF E IS MCO 1754.11 FAMILY ADVOCACY AND GENERAL COUNSELING PROGRAM.//
GENTEXT/REMARKS/1.  THIS MARADMIN PROVIDES GUIDANCE REGARDING TRANSITIONAL COMPENSATION FOR ABUSED FAMILY MEMBERS (TCAFM).  TCAFM IS A FEDERAL LAW THAT PROVIDES 12 TO 36 MONTHS OF FINANCIAL SUPPORT TO ELIGIBLE FAMILY MEMBERS OF SERVICE MEMBERS SEPARATED FROM ACTIVE DUTY DUE TO DEPENDENT ABUSE.  TCAFM PAYMENTS ASSIST FAMILY MEMBERS TO ESTABLISH A LIFE APART FROM AN ABUSIVE SERVICE MEMBER.  PAYMENTS MAY BE USED FOR: RELOCATION, FOOD, SHELTER, COUNSELING, AND MEDICAL TREATMENT EXPENSES.
2.  ELIGIBILITY:  ELIGIBILITY OF PAYMENTS IS DETERMINED PER REFERENCE (A) AND (B).  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 WERE:
A.  SEPARATED FROM ACTIVE DUTY UNDER A COURT-MARTIAL SENTENCE RESULTING FROM A DEPENDENT ABUSE OFFENSE; OR VOLUNTARILY OR INVOLUNTARILY ADMINISTRATIVELY SEPARATED FROM ACTIVE DUTY IF THE BASIS FOR SEPARATION INCLUDES A DEPENDENT ABUSE OFFENSE; OR SENTENCED TO FORFEITURE OF ALL PAY AND ALLOWANCES BY A COURT-MARTIAL WHICH HAS CONVICTED THE MEMBER OF A DEPENDENT ABUSE OFFENSE.
B.  A DEPENDENT ABUSE OFFENSE INVOLVES ABUSE OF THE SPOUSE OR A DEPENDENT CHILD OF THE MEMBER AND THE OFFENSE IS CRIMINAL UNDER THE UNIFORM CODE OF MILITARY JUSTICE, FEDERAL CRIMINAL LAW, THE CRIMINAL LAWS OF THE STATES AND OTHER JURISDICTIONS OF THE UNITED STATES, AND LAWS OF OTHER NATIONS THAT ARE TO BE CONSIDERED TO BE DEPENDENT ABUSE OFFENSES.
C.  IN ACCORDANCE WITH REFERENCE (C), MONTHLY PAYMENTS ARE BASED ON CURRENT DEPENDENCY AND (SPONSOR) INDEMNITY COMPENSATION RATES. DENTAL CARE BENEFITS ARE ONLY AVAILABLE AT PARTICIPATING INSTALLATIONS.
3.  TERMINATION OF PAYMENTS
A.  PER REFERENCE (A), COMMANDERS SHOULD BE AWARE OF THE FOLLOWING REASONS FOR TERMINATION OF PAYMENTS: CO-HABITATION AND RE-MARRIAGE.
B.  IF THE SERVICE MEMBER'S COURT-MARTIAL CONVICTION IS REMITTED, SET ASIDE, OR MITIGATED, PAYMENTS WILL TERMINATE.  IF THE SERVICE MEMBER'S ADMINISTRATIVE SEPARATION IS DISAPPROVED, PAYMENTS WILL BE TERMINATED.
4.  IN ACCORDANCE WITH REFERENCE (D), COMMANDERS MUST ENSURE THAT WHEN INITIATING AN ADMINISTRATIVE SEPARATION OF A SERVICE MEMBER INVOLVED IN A DEPENDENT ABUSE INCIDENT THAT THE NOTIFICATION INCLUDES DEPENDENT ABUSE AS PART OF THE REASON FOR SEPARATION.  FOR EXAMPLE, WHERE THE BASIS FOR SEPARATION IS MISCONDUCT, AND THE MISCONDUCT IS BASED IN WHOLE OR IN PART ON A DEPENDENT ABUSE INCIDENT, THE NOTIFICATION DOCUMENTATION MUST REFERENCE THE DEPENDENT ABUSE OFFENSE.  THIS IS NECESSARY TO ENSURE THAT THE SPOUSE AND FAMILY ARE ABLE TO INITIATE AND RECEIVE IN A TIMELY MANNER TCAFM BENEFITS. OMISSION OF DEPENDENT ABUSE LANGUAGE FROM THE NOTIFICATION OF SEPARATION DELAYS RECEIPT OF TCAFM BENEFITS AND MAY PLACE UNDUE AND AVOIDABLE FINANCIAL HARDSHIP ON THE FAMILY DURING TRANSITION.
5.  TCAFM RESPONSIBILITIES OF FAMILY ADVOCACY PROGRAM (FAP) VICTIM ADVOCATES (VA).
A.  EDUCATE COMMANDS AND OTHER RELEVANT INSTALLATION PERSONNEL ON TCAFM BENEFITS.
B.  EDUCATE VICTIMS ON TCAFM BENEFITS AND ASSIST ELIGIBLE VICTIMS WITH THE TACFM APPLICATION PROCESS.
C.  IF THE VICTIM HAS BEEN ASSIGNED A VA, THE VA SHALL ASSIST IN COLLECTION OF DOCUMENTATION FOR TCAFM.
D.  THE VA SHALL SERVE AS THE LIAISON BETWEEN HQMC TCAFM PROGRAM MANAGER AND THE TCAFM APPLICANT TO ENSURE THE APPLICANT RECEIVES APPROPRIATE UPDATES ON THEIR TACFM APPLICATION AND GUIDANCE ON ALL QUESTIONS REGARDING THE APPLICATION PROCESS.
E.  HQMC-FAP (MFC-2) REVIEWS AND APPROVES ALL REQUESTS FOR TCAFM. THE TCAFM PROGRAM MANAGER IS THE APPROVING OFFICIAL CERTIFYING DEPENDENT ABUSE ON DD FORM 2698 BLOCK 22.
6.  POINT OF CONTACT/ADDRESS/PHONE/FAX:
TRANSITIONAL COMPENSATION PROGRAM MANAGER BEHAVIORAL HEALTH (MFC-2) MARINE AND FAMILY PROGRAMS DIV HEADQUARTERS MARINE CORPS 3280 RUSSELL ROAD QUANTICO, VA  22134-5103
COMM: (703) 784-9546
FAX: (703) 784-9828
7.  RELEASE AUTHORIZED BY BGEN R.F. HEDELUND, DIRECTOR, MARINE AND FAMILY PROGRAMS DIVISION.//