NCJ Number
112967
Journal
Army Lawyer Dated: (April 1988) Pages: 3-17
Date Published
1988
Length
15 pages
Annotation
After examining the available statistical data and existing regulatory guidance, this article concludes that Issue 14 of the Army Family Action Plan -- which protects the retirement benefits of family members of soldiers convicted of child or spouse abuse -- is a 'phantom issue' that requires no change in present policy.
Abstract
Issue 14 is based on the following tentative assumptions: soldiers are being court-martialed for spouse and child abuse; such soldiers are eligible for military retirement benefits and are losing them due to punitive discharges; family members are entitled to these lost military retirement benefits; these entitlements would not be lost if army authorities considered the degree of family cooperation in obtaining convictions in such cases; and there is a problem, and it can be solved with legislation. Statistical data bearing on these assumptions are in records maintained by the Judge Advocate General and the Surgeon General. Data indicate that retirement-eligible soldiers are seldom tried by court-martial for any crime and seldom lose their right to collect military retirement pay by court-martial sentence or by administrative discharge or elimination. It would be far easier, less expensive, and less damaging to the military retirement system not to prosecute abuse-related offenses at all than to revise the entire military retirement system just to protect the retirement interests of the few families involved in these cases. The justification for legislation or a change in practice is totally lacking. Appended statistical data and 87 footnotes.