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concernedinfl

Junior Member
What is the name of your state?fl and nc
I am pregnant in the army (8 months) and I was commisioned through a scholarship program (hpsp). My husband is not able to be with me where I am stationed. I would like to get out of the army but as I read the army regulations, people that have contractual obligations based on programs like the hpsp, cannot just get out because of pregnancy. I joined the hpsp years before i met my husband, and this pregnancy was absolutely not planned. Now I am stuck in another state, with no family support, and I was wondering if anyone knew of a way that I will be able to get out. I understand that I will have to pay the Army back for the money that they put out, and I fully understand that.
Thank you in advance for your help
 


rmet4nzkx

Senior Member
I understand it is difficult especially this late in your pregnancy and that while unplanned, you knew of your obligaiton when you joined. how many years of your obligation to you have remaining and in which state are you residing and where is your husband, and why can he not be there with you or are you deployed?

Is this a portion of the contract you signed?
# urther understand that any subsequent changes in my marital or dependent status or in my physical condition will not be grounds for subsequent release from the terms of this contract unless specifically provided for by statute or applicable [Army/ Navy/Air Force] Regulations/Instructions in effect at the time my status changes. I understand that I must immediately notify the Surgeon General of the [Army/Navy/Air Force] of any administrative or medically related problem I might incur while a participant in the AFHPSP.

# I understand that I will not be permitted to voluntarily withdraw from the Program.

# As a result of Program participation, I understand that:

1. I will incur an eight year service obligation for any participation in the Program, a portion of which is an active duty obligation (ADO). I understand that the AFHPSP ADO is a minimum of 2 years, or one-half year for each half year of AFHPSP sponsorship, whichever is greater. I further understand that the remaining portion of the service obligation is a Reserve Service Obligation (RSO) and shall be served in the Individual Ready Reserve (IRR), unless the Secretary of the [Army/Navy/Air Force] and I mutually agree that the remaining portion, or a part thereof, shall be served on active duty or in the Selected Reserve. If qualifying for a degree in clinical or counseling psychology, I understand I will remain a program participant while participating in either the military or a nonmilitary CPIP and, as such, will incur an ADO as specified herein.

2. Prior active duty service and participation in First Year GMEP (internship) or the Military CPIP, as applicable, will not count toward completion of the ADO requirement. I will not be released from active duty until I have served my active duty obligation for AFHPSP participation, in addition to any active duty obligation I might incur for participation in GPE or the Military CPIP, as applicable, except if my release is required based on statute or regulation or is determined by the [Army/ Navy/Air Force] to be in the best interests of the Government.

3. Unless otherwise relieved, I will serve, apart from my AFHPSP ADO, a minimum term of service on active duty of three years if other than a physician or two years if a physician. My minimum term of service will run concurrently with my active duty obligation, unless my ADO is less than my minimum term of service, in which case I will not be released from active duty until I have also served my minimum term of service. Any time spent on active duty after completion of the basic professional degree required for appointment to the health services category to which assigned (including time spent in GPE and in discharging an active duty obligation) will count toward the satisfaction of this minimum term. Prior active duty service will not count toward the completion of this requirement.

# I understand that my RSO will be served in the IRR unless it is mutually agreed that all or a portion of the RSO shall be served in the Selected Reserve (SelRes).

# I understand that the following provisions apply to the discharge of my active duty obligation:

1. Time spent in GPE (first year graduate medical and dental education, internships, residencies or fellowships) and during participation in the military CPIP will not be creditable toward satisfying my AFHPSP ADO.

2. An obligation incurred as a Program member is in addition to any obligation incurred as a result of participation in any other military program. I may not serve all or any part of the ADO incurred by participation in this program concurrently with any other military obligation.

3. An assertion of community essentiality will not be considered as grounds for relief from the Program obligation or for delay in fulfilling the Program obligation.

4. Time spent on active duty or active duty for training while a member of the Program prior to completion of professional degree requirements will not be credited toward fulfillment of any ADO.

5. If I am relieved of my ADO before the completion of the service obligation, that I may be given, with or without my consent, any of the following alternative obligations, as determined by the Secretary of the military department concerned:

1. A service obligation in another armed force for a period of time not less than my remaining active duty service obligation.

2. A service obligation in a component of the Selected Reserve of a period not less than twice as long as my remaining active duty service obligation.

3. Repayment to the Secretary of Defense of a percentage of the total cost incurred by the Secretary on my behalf that is equal to the percentage of the total active duty service obligation for which I am relieved, plus interest.

4. In addition to the alternative obligations specified in paragraph (1) through (3) above, if I am relieved of my active duty service obligation by reason of the separation because of a physical disability, I may be offered by the Secretary a service obligation as a civilian employee employed as a health care professional in a facility of any of the Uniformed Services for a period of time equal to my remaining active duty service obligation.

6. I agree to be commissioned and serve my ADO in a component of another military Service if The Surgeon General of the [Army/Navy/Air Force] determines that I am excess to my Service's needs.
 

concernedinfl

Junior Member
Yes, this is very similar to the contract that I signed, which I have read and re read over and over again. I absolutely understand contracts, and contractual law, but at the time of signin this contract I was not married, did not even know my husband, and was obviously not aware that I would become basically a single parent. Before being married, my husband and I were fully aware of my obligation to the military. I was willing to move away from my step children, my husband, my family, etc. When I became pregnant, it was unplanned as I said, with both my husband and I taking precautions that I wouuld not become pregnant. My husband is not able to be with me because of family obligations. I still have a vast majority of my obligation left. I would be willing to fulfill my obligation but there are no army bases anywhere in the state that my family is. This is not a decision that I or my husband has taken lightly. I have read in army reguatlions that although I cannot apply for release because of pregnancy (like ALL other pregnant women) I am allowed to apply for discharge due to hardship.
 

rmet4nzkx

Senior Member
As you know there would be exceptions for disability but being in the medical field, any disability you might claim would essentially end your career outside of the military and you would be quesitoned as well. What is your field of practice? and how much of your commitment have you fulfilled? I understand that the Army doesn't have an obligation to keep couples together and you had further restrictions insofar as your husband's other family obligations, which I assume are in FL as NC has Army installations. Have you looked into transfer to an Army instllation in in GA which would be closer? Or looked into the possibility of switching branches of the service so that you could be in FL? Is there any way your husband could move to be with you and modify his visitation and custody obligations?
 

concernedinfl

Junior Member
Thanks for your help. To answer your questions, I am in the health care field, and have less than 3 years left of my obligation. My husband cannot modify his custody, as it is not that easy.

I have tried to change services, and was halted pretty quickly because as I was told, of the funding of my scholarship. If there are other options with this though, I would be most interested as to who I need to speak with to get some information on it. I have looked into transferring to a base closer to my hometown, but that would still mean a days drive for either of us.

I was wondering what I would need to do to go about filing for a hardship, who I need to speak with. If you have any further advice, rmet4nzkx, I would love to hear it.
Thanks again
 

rmet4nzkx

Senior Member
I knew you were in the medical feild because of the scholarship, just the specific area might conger up some options that might exist in FL such as with NASA.

Well, if you can't switch branches that pretty much leaves a transfer. To some place closer perhaps GA, LA or AL.

I didn't print out the entire contract but believe there was someplace in the language that applied to separation for pregnancy and don't remember if it applied to hardship discharge, or transfer to the IRR, but did notince something re pregnancy which shows that if you remain in, then they expect you to take care of your child care responsibilities including deployment and I know they will do that. My daughter-in-law had to work to onset of labor, return to work at 4 weeks and was deployed when the child was 6 mos-1 year, my son, Army also became the primary care giver during her deployment, they also had to work hard to get stationed together, originally when they returned from Bosnia She had orders to AZ and he to GA, at the last minute both went to AZ otherwise they both would have been separated the rest of their enlistment.

At least you only have three years left, and 1 month leave each year and some 96's, for long weekends perhaps you can split your leave up so the visitation commute would not be so bad. Hopefully if you get a transfer closer you might get closer to an airport so you could fly back and forth. Then comes where the child's primary residence is?

There is a military attorney badapple40 on this forum who may have some ideas
 

rmet4nzkx

Senior Member
badapple40 said:
Heh heh heh

I suggest submitting a request for a resignation, http://www.dcd.uscourts.gov/02-450.pdf

Just don't lie about anything in it.

https://www.2xcitizen.usar.army.mil/soldierservices/guidance/resignletter.asp

A form is there.

Also, you must have completed your statutory obligation, which is 8 years from the date of appointment. Did you complete your statutory discharge?
That's the problem, she has 3 years of her statutory commitment left. There doesn't seem to be any out except for disability which is not a professinal option, she can't switch to another branch and no Army installations in FL.

Come on now, is there a way?
 

badapple40

Senior Member
No, she may or may not have 3 years of her statutory obligation left.

There is a difference between contractual/AHSP and statutory obligation. Statutory obligation is the first 8 years of comissioned service. Contractual arises through AHSP, FLEP (which paid for my law school), and the like. The distinction is critical.

Now, can the OP please indicate how long she has been commissioned?
 

rmet4nzkx

Senior Member
OHHHH because she would have been comissioned prior to finishing her hpsp scholarship/schooling, well she says, " I am in the health care field, and have less than 3 years left of my obligation. " but we may have to wait to see exactly when she was comissioned and perhaps exactly what her contract says?
 

nextwife

Senior Member
What about your husband having custody? If the situation were reversed, and he were the one serving with a new baby, you would be the one that maintained cutsody.
 

nextwife

Senior Member
What about your husband having custody while you complete your duty? Male military face that situation all the time.
 

concernedinfl

Junior Member
I am not sure how long left I have to fulfill my statutory obligation but I was commissioned as a 2nd LT in 2000 Is this what you were asking for? I am assuming because of this I cannot simply ask for a resignation, but that I have to ask for a hardship. Is this true? What do I need to do to do this?

This is really not about giving up custody to my husband, and yes I understand that this is done all the time for many others in the military. This is about the fact that for the remaining time that I am in service, my husband and I and his new child, and even siblings, will be separated. This places a huge emotional, as well as financial, hardship on our entire family. At this point we are paying for 2 complete households. ANd with the new baby and plane tickets, etc, it is getting harder and harder for us financially. Thanks again.
 

rmet4nzkx

Senior Member
Pay special attentionbold & look at end of your actual contract where it should be laid out, exactly the number of days etc. Also if you can qualify for alternative service obligation that may be your only out, otherwise you might transfer closer, move into the BOQ with husband having infant primary custody for the remainder of your obligation, when they visit you, get a billit on base or fly to visit them, that might offset the cost of two households. Your actual position may influence your options.
& from another thread re Army pregnancy, I'm not sure where it comes from:
cobraus said:
Here is what I found online:

Military regulations do allow for a pregnant soldier to be released from active duty. Upon medical confirmation of pregnancy, all soldiers will be counseled by their unit commander concerning their options and responsibilities. They will be allowed up to 7 days to choose to remain on active duty or be separated not later than 30 days prior to the expected date of delivery or the latest date the military physician determines the soldier can travel. If a soldier has not completed the initial statutory obligation, she will be transferred to the Inactive Ready Reserve until such time. If she has completed it, she will be discharged. She will receive an honorable discharge unless her record of service indicates otherwise. If she chooses to remain on active duty, she will be expected to fully perform all assigned duties, deploy wherever the Army needs her & make all appropriate arrangements for the care of her dependents.
Chapter 6, AR 635-200, Hardship Discharge which covers any family situation wherein the soldier's discharge would alleviate the hardship (parenthood, death in family, etc). This is solely up to the discretion of the approval authority. However, Chapter 8, AR 635-200, requires that every pregnant soldier shall be counseled in regards to their options & responsibilities AND specifically authorizes the discharge of pregnant soldiers if that is the option chosen by the pregnant soldier. It is not the commander's or the separation authority's discretion. If the pregnant soldier chooses to be released from active duty, it is processed, ALWAYS.

# I further understand that any subsequent changes in my marital or dependent status or in my physical condition will not be grounds for subsequent release from the terms of this contract unless specifically provided for by statute or applicable [Army] Regulations/Instructions in effect at the time my status changes. I understand that I must immediately notify the Surgeon General of the [Army] of any administrative or medically related problem I might incur while a participant in the AFHPSP.

# I understand that I will not be permitted to voluntarily withdraw from the Program.

# As a result of Program participation, I understand that:

1. I will incur an eight year service obligation for any participation in the Program, a portion of which is an active duty obligation (ADO). I understand that the AFHPSP ADO is a minimum of 2 years, or one-half year for each half year of AFHPSP sponsorship, whichever is greater. I further understand that the remaining portion of the service obligation is a Reserve Service Obligation (RSO) and shall be served in the Individual Ready Reserve (IRR), unless the Secretary of the [Army] and I mutually agree that the remaining portion, or a part thereof, shall be served on active duty or in the Selected Reserve. If qualifying for a degree in clinical or counseling psychology, I understand I will remain a program participant while participating in either the military or a nonmilitary CPIP and, as such, will incur an ADO as specified herein.

2. Prior active duty service & participation in 1st Year GMEP (internship) or the Military CPIP, as applicable, will not count toward completion of the ADO requirement. I will not be released from active duty until I have served my active duty obligation for AFHPSP participation, in addition to any active duty obligation I might incur for participation in GPE or the Military CPIP, as applicable, except if my release is required based on statute or regulation or is determined by the [Army] to be in the best interests of the Government.

3. Unless otherwise relieved, I will serve, apart from my AFHPSP ADO, a minimum term of service on active duty of three years if other than a physician or two years if a physician. My minimum term of service will run concurrently with my active duty obligation, unless my ADO is less than my minimum term of service, in which case I will not be released from active duty until I have also served my minimum term of service. Any time spent on active duty after completion of the basic professional degree required for appointment to the health services category to which assigned (including time spent in GPE and in discharging an active duty obligation) will count toward the satisfaction of this minimum term. Prior active duty service will not count toward the completion of this requirement.

# <..>

# I understand that the following provisions apply to the discharge of my active duty obligation:

1. <..> in the military CPIP will not be creditable toward satisfying my AFHPSP ADO.

2. <..>
3. <..>

4. Time spent on active duty or active duty for training while a member of the Program prior to completion of professional degree requirements will not be credited toward fulfillment of any ADO.

5. If I am relieved of my ADO before the completion of the service obligation, that I may be given, with or without my consent, any of the following alternative obligations, as determined by the Secretary of the military department concerned:

1. A service obligation in another armed force for a period of time not less than my remaining active duty service obligation.

2. A service obligation in a component of the Selected Reserve of a period not less than twice as long as my remaining active duty service obligation.

3. Repayment to the Secretary of Defense of a percentage of the total cost incurred by the Secretary on my behalf that is equal to the percentage of the total active duty service obligation for which I am relieved, plus interest.

4. In addition to the alternative obligations specified in paragraph (1) through (3) above, if I am relieved of my active duty service obligation by reason of the separation because of a physical disability, I may be offered by the Secretary a service obligation as a civilian employee employed as a health care professional in a facility of any of the Uniformed Services for a period of time equal to my remaining active duty service obligation.

6. I agree to be commissioned and serve my ADO in a component of another military Service if The Surgeon General of the [Army] determines that I am excess to my Service's needs.

# As a Program member, I understand that:

1. I will be commissioned as an officer in a Reserve Component of the [Army] and serve on active duty for training in the pay grade 01 with full pay and allowances of that grade, for a period up to 45 days during each 12 month period of Program participation. This active duty for training ordinarily will be at a military installation, but may be at the accredited civilian institution I am attending, if to be detailed elsewhere would interrupt my academic training, as verified by a school official responsible for the academic program as degree qualifying requirement in my course of study and approved by The Surgeon General. In addition, I will be required to participate in such other military and professional training as is prescribed by the Service.

2. <..>.
3. <..>
# I further understand and agree that service performed while I am a member of this Program will not be counted:

1. In determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the Program; or

2. In computing years of service creditable under Title 37, United States Code, section 205.

#<..>

# I agree to reimburse the Government for all costs which it incurred, plus interest, or any portion thereof, as determined by the Secretary of the [Army], if I voluntarily or because of misconduct, fail to complete my active duty obligation, or the alternative service obligation, under this contract. I acknowledge and agree that the term voluntarily includes, but is not limited to, failure due to conscientious objection or because of resignation for any reason from the Service and that the term misconduct includes, but is not limited to, failure due to separation because of drug abuse, alcohol abuse, criminal conduct, civil conviction, civil confinement, or moral or professional dereliction. I also understand I may not be relieved of my active duty obligation arising from participation in the Program solely because of willingness and ability to refund all payments made by the United States Government pursuant to sections 2121 and 2127, Title 10, United States Code.

# I understand that all financial inducements and benefits, including, but not limited to,<..> benefits by virtue of a statutory, regulatory or policy change shall not release me from any obligations incurred under this contract.

cont...
 

rmet4nzkx

Senior Member
rmet4nzkx said:
Pay special attentionbold & look at end of your actual contract where it should be laid out, exactly the number of days etc. Also if you can qualify for alternative service obligation that may be your only out, otherwise you might transfer closer, move into the BOQ with husband having infant primary custody for the remainder of your obligation, when they visit you, get a billit on base or fly to visit them, that might offset the cost of two households. Your actual position may influence your options.
& from another thread re Army pregnancy, I'm not sure where it comes from:



# I further understand that any subsequent changes in my marital or dependent status or in my physical condition will not be grounds for subsequent release from the terms of this contract unless specifically provided for by statute or applicable [Army] Regulations/Instructions in effect at the time my status changes. I understand that I must immediately notify the Surgeon General of the [Army] of any administrative or medically related problem I might incur while a participant in the AFHPSP.

# I understand that I will not be permitted to voluntarily withdraw from the Program.

# As a result of Program participation, I understand that:

1. I will incur an eight year service obligation for any participation in the Program, a portion of which is an active duty obligation (ADO). I understand that the AFHPSP ADO is a minimum of 2 years, or one-half year for each half year of AFHPSP sponsorship, whichever is greater. I further understand that the remaining portion of the service obligation is a Reserve Service Obligation (RSO) and shall be served in the Individual Ready Reserve (IRR), unless the Secretary of the [Army] and I mutually agree that the remaining portion, or a part thereof, shall be served on active duty or in the Selected Reserve. If qualifying for a degree in clinical or counseling psychology, I understand I will remain a program participant while participating in either the military or a nonmilitary CPIP and, as such, will incur an ADO as specified herein.

2. Prior active duty service & participation in 1st Year GMEP (internship) or the Military CPIP, as applicable, will not count toward completion of the ADO requirement. I will not be released from active duty until I have served my active duty obligation for AFHPSP participation, in addition to any active duty obligation I might incur for participation in GPE or the Military CPIP, as applicable, except if my release is required based on statute or regulation or is determined by the [Army] to be in the best interests of the Government.

3. Unless otherwise relieved, I will serve, apart from my AFHPSP ADO, a minimum term of service on active duty of three years if other than a physician or two years if a physician. My minimum term of service will run concurrently with my active duty obligation, unless my ADO is less than my minimum term of service, in which case I will not be released from active duty until I have also served my minimum term of service. Any time spent on active duty after completion of the basic professional degree required for appointment to the health services category to which assigned (including time spent in GPE and in discharging an active duty obligation) will count toward the satisfaction of this minimum term. Prior active duty service will not count toward the completion of this requirement.

# <..>

# I understand that the following provisions apply to the discharge of my active duty obligation:

1. <..> in the military CPIP will not be creditable toward satisfying my AFHPSP ADO.

2. <..>
3. <..>

4. Time spent on active duty or active duty for training while a member of the Program prior to completion of professional degree requirements will not be credited toward fulfillment of any ADO.

5. If I am relieved of my ADO before the completion of the service obligation, that I may be given, with or without my consent, any of the following alternative obligations, as determined by the Secretary of the military department concerned:

1. A service obligation in another armed force for a period of time not less than my remaining active duty service obligation.

2. A service obligation in a component of the Selected Reserve of a period not less than twice as long as my remaining active duty service obligation.

3. Repayment to the Secretary of Defense of a percentage of the total cost incurred by the Secretary on my behalf that is equal to the percentage of the total active duty service obligation for which I am relieved, plus interest.

4. In addition to the alternative obligations specified in paragraph (1) through (3) above, if I am relieved of my active duty service obligation by reason of the separation because of a physical disability, I may be offered by the Secretary a service obligation as a civilian employee employed as a health care professional in a facility of any of the Uniformed Services for a period of time equal to my remaining active duty service obligation.

6. I agree to be commissioned and serve my ADO in a component of another military Service if The Surgeon General of the [Army] determines that I am excess to my Service's needs.

# As a Program member, I understand that:

1. I will be commissioned as an officer in a Reserve Component of the [Army] and serve on active duty for training in the pay grade 01 with full pay and allowances of that grade, for a period up to 45 days during each 12 month period of Program participation. This active duty for training ordinarily will be at a military installation, but may be at the accredited civilian institution I am attending, if to be detailed elsewhere would interrupt my academic training, as verified by a school official responsible for the academic program as degree qualifying requirement in my course of study and approved by The Surgeon General. In addition, I will be required to participate in such other military and professional training as is prescribed by the Service.

2. <..>.
3. <..>
# I further understand and agree that service performed while I am a member of this Program will not be counted:

1. In determining eligibility for retirement other than by reason of a physical disability incurred while on active duty as a member of the Program; or

2. In computing years of service creditable under Title 37, United States Code, section 205.

#<..>

# I agree to reimburse the Government for all costs which it incurred, plus interest, or any portion thereof, as determined by the Secretary of the [Army], if I voluntarily or because of misconduct, fail to complete my active duty obligation, or the alternative service obligation, under this contract. I acknowledge and agree that the term voluntarily includes, but is not limited to, failure due to conscientious objection or because of resignation for any reason from the Service and that the term misconduct includes, but is not limited to, failure due to separation because of drug abuse, alcohol abuse, criminal conduct, civil conviction, civil confinement, or moral or professional dereliction. I also understand I may not be relieved of my active duty obligation arising from participation in the Program solely because of willingness and ability to refund all payments made by the United States Government pursuant to sections 2121 and 2127, Title 10, United States Code.

# I understand that all financial inducements and benefits, including, but not limited to,<..> benefits by virtue of a statutory, regulatory or policy change shall not release me from any obligations incurred under this contract.

cont...
# I understand that my AFHPSP obligation will be added to my remaining previously incurred service obligation, currently calculated to be __ years __ months ___ days. I understand that in return for a __ year of scholarship in the AFHPSP, I shall serve __ years __ months, ___ days on extended active duty and service___ years, ___ months, __ days in the IRR, unless it is mutually agreed that the portion of service in the IRR shall be served on active duty or in the SelRes.

# I understand that this is the entire contract between myself and the United States [Army] and that there are no oral or other agreements or understandings or representations affecting the contract or relating to my military service, except as otherwise specifically provided herein.
 

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