Transitional Compensation for Abused Family Members

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