Effect of MCO P5800.16A Ch3 on Pre-Existing Support Orders and Waivers
This MARADMIN clarifies how Change 3 to MCO P5800.16A (effective 18 March 2003) affects pre-existing support orders and waivers for Marines. Commands are not required to modify existing support orders or waivers until a new complaint or request for reconsideration is received after 18 March 2003, at which point the new standards must be applied.
Issued: May 8, 2003
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.