l. DA Form 5305 with atta (2024)

l. DA Form 5305 with attachments will be filed in the unit files and destroyed 90 days after the Soldier departs on PCS orders. In CONUS and OCONUS if the PCS move is a “same-installation" move and the Soldier can maintain the same Family care plan, the Soldier will be allowed to take the original DA Form 5305 to the gaining unit and need not generate a new DA Form 5305. The gaining commander should certify the existing DA Form 5305 when the Soldier arrives in the new unit. (1) Provide a copy of the DA Form 5305 to the Soldier, dual-military couple spouse, and dual-military spouse’s commander. (2) Place a copy of the DA Form 5305 in the military Personnel Records Jacket that accompanies the departing Soldier to the gaining unit. (3) Ensure that in the event of deployment, the Family care plan files remain with the rear detachment, or if no rear detachment remains, with the Family Assistance Center servicing the departing unit. <strong>Army</strong> National Guard and RC commanders must ensure Family care plan files are transferred to Joint Forces Headquarters (JFHQ)/RSC)/GOCOM before departing home station. m. A copy of DA Form 5305 with copies of DA Form 5840 and DA Form 5841, and/or other appropriate documents will be provided to the Child and Youth Services (CYS) Program if the CYS certified Family Child Care Provider is designated as temporary guardian. <strong>AR</strong> 608–10, paragraph 2–13a requires that a copy of DA Form 5305 be on file at the military Child Development Center if the Soldier’s Family members are enrolled in the day care or extended care program. n. <strong>Command</strong>ers must stress the Soldier’s obligation to both the military and to his/her Family members. Moreover, they must ensure Soldiers understand they will not receive special consideration in duty assignments or duty stations based on their responsibilities for Family members unless enrolled in the Exceptional Family Member Program (see <strong>AR</strong> 608–75 for more information). They must also ensure that Soldiers are aware that the Family care plan is not a legal document that can change a court mandated custodial arrangement, nor can it interfere with a natural parent’s right to custody of his/her children. The main evidence that Soldiers have made adequate arrangements for the care of their dependent Family members will be the execution of DA Form 5305 with its attendant documents listed below— (1) DA Form 5841, special power of attorney or other legal documents designating escort, temporary, and primary guardian(s) (unsigned until the Soldier is deployed). (2) Notarized DA Form 5840 from person(s) named in power of attorney. (3) Completed DD Form 1172 for each Family member. (4) Completed DD Form 2558 (unsigned until deployment) or proof of other adequate financial arrangements for care of Family members. (5) Letters of instructions containing additional pertinent information for escorts, temporary or long-term guardians (see DA Form 5840). (6) Completed DA Form 7667. (7) Copies of any child custody orders or marital separation agreements currently in effect that impact upon the custody of a Soldier’s minor children. (8) Completed DA Form 7666 under appropriate circ*mstances, or proof of notice and/or reasonable efforts having been made to obtain consent to the Family care plan from all parties having a legal interest in the custody and care of the minor children. o. <strong>Command</strong>ers will encourage Soldiers to consult with a legal assistance attorney about having a will prepared. The Family care plan does not require a will, and Soldiers will not be ordered to obtain a will. When a will is prepared, it will not be retained in the unit files. Soldiers will be encouraged but not required to ensure that information regarding the location of a Soldier’s will is contained in the Family care plan. p. The AA commanders will continue to use the Family Care Counseling Report (SIDPERS AAA-338) until such time as the Defense Integrated Military Human Resources System comes on line. q. Maximum feasible testing of the validity and durability of Family care plans will be accomplished (for example, during exercises, alerts, Pre-Deployment processing, mobilization, deployment, AT, and other unit activities) to ensure information in a Soldier’s DA Form 5305 is accurate, current, and executable. Family care plans found to be invalid during the above testing will be revised/recertified within 30 days of the finding. For <strong>AR</strong>NG and RC Soldiers, it will be revised/recertified within 60 days unless mobilization mission requirements preclude authorizing that amount of time. 5–6. Accommodating religious practices a. The <strong>Army</strong> places a high value on the rights of its Soldiers to observe tenets of their respective religious faiths. The <strong>Army</strong> will approve requests for accommodation of religious practices unless accommodation will have an adverse impact on unit readiness, individual readiness, unit cohesion, morale, discipline, safety, and/or health. As used in this regulation, these factors will be referred to individually and collectively as "military necessity" unless otherwise stated. Accommodation of a Soldier’s religious practices must be examined against military necessity and cannot be guaranteed at all times. b. The DCS, G–1 will establish policy on the accommodation of religious practices within the U.S. <strong>Army</strong>. 40 <strong>AR</strong> <strong>600</strong>–<strong>20</strong> 18 March <strong>20</strong>08

c. The following will ensure that every enlisted (to include reenlistment), warrant, cadet, and commissioned officer applicant is informed of the <strong>Army</strong>’s religious accommodation policy as set forth in this regulation and, furthermore, that applicants acknowledge in writing that they have been so informed: (1) The CG, U.S. <strong>Army</strong> Recruiting <strong>Command</strong> (for initial enlisted and AMEDD officer accessions). (2) The CG, TRADOC (for all ROTC cadets, WO candidates, and officer candidates). (3) The Judge Advocate General (for all judge advocate officer accessions). (4) The Chief of Chaplains (for all chaplain officer accessions). (5) Superintendent, USMA (for all USMA cadet applicants). d. The Chief of Chaplains will serve as advisor to the DCS, G–1 on matters pertaining to religious accommodation and formulate and disseminate education and training programs regarding religious traditions and practices within the U.S. <strong>Army</strong>. e. The CG, TRADOC, will ensure that training on the provisions of this chapter is provided for commanders, chaplains, and judge advocates. f. Unit commanders will approve/disapprove requests for accommodation of religious practices. If a commander determines partial or complete denial is appropriate, he/she will prepare a memorandum specifying the basis for denial and provide a copy of the memorandum to the Soldier. <strong>Command</strong>ers who rescind a previously approved religious accommodation will prepare a memorandum specifying the basis for rescission and provide a copy of the memorandum to the Soldier. Denial or rescission must be based upon one or more of the criteria discussed in paragraph a, above. g. Requests for religious accommodation generally fall into five major areas: (1) Worship practices. Some religious groups have worship requirements that conflict with the Soldier’s normal availability for duty; for example worship on days other than Saturday or Sunday, a 25-hour Sabbath, or special holy days or periods. These will be accommodated except when precluded by military necessity. If the time required for religious worship falls within normal duty hours or duty rosters, the Soldier may request exception from those hours and rosters. The Soldier, however, must be prepared to perform alternative duty or duty hours. <strong>Command</strong>ers may grant ordinary leave as an option to Soldiers who desire to observe lengthy holy periods or days. (2) Dietary practices. Some faith groups have religious tenets that prohibit the eating of specific foods, or prescribe a certain manner in which food must be prepared. A Soldier with a conflict between the diet provided by the <strong>Army</strong> and that required by religious practice may request an exception to policy to ration separately. Religious belief is grounds for granting such an exception. The Soldier may also request permission to take personal supplemental rations when in a field or combat environment. (3) Medical practices. (a) Some religious practices conflict with normal <strong>Army</strong> medical procedures. These practices include beliefs in selfcare, and prohibitions against immunizations, blood transfusions, or surgery. (b) A Soldier whose religious tenets involve self-care may request accommodation for non-emergency or non-lifethreatening illness or injury. However, the unit and MTF commanders will consider the time constraints for the Soldier to recuperate without military medical care when determining whether or not to grant the request for accommodation. (c) Soldiers who refuse to submit (or whose court-appointed guardian or other legal representative objects) to recommended medical treatment because of religious objections will be referred to an ad hoc committee established by the medical commander. The composition of and procedures followed by this committee are at the discretion of that commander, except that the committee must include a chaplain and be chaired by a medical corps officer. In addition, all committee members must be composed wholly of officers or full-time employees of the Federal Government. (d) The medical board’s report will include the following information: 1. Proposed treatment required to relieve the incapacity and aid the Soldier’s return to duty status, and expectation to perform such treatment. 2. The need for the medical care refused by the Soldier. 3. Reasonableness of the Soldier’s refusal to undergo treatment. (The risks ordinarily associated with the proposed treatment, the Soldier’s age, general physical condition, and the reasons for refusing treatment will be considered and articulated in this report.) 4. Evidence that the Soldier was given the opportunity to appear before the board in person; submit a written statement; or submit written statements from a member of his or her faith group. If circ*mstances do not permit the Soldier to appear in person or submit a written statement (or both), or the Soldier declines to appear in person or submit a written statement; then the board will include this information in the report. 5. Soldiers believed incompetent will be aided by an appointed representative who may appear on their behalf. The representative need not be legally qualified. Rationale for the determination of incompetency will be included in the report. All Soldiers referred to committee will have the right to a representative. 6. The <strong>Army</strong>’s concern is with the possible effects of accommodation on the Soldier’s health and ability to carry out assigned tasks, the health of others, and the military medical system. If the examining board finds that the proposed medical care is needed based on any of these concerns, then the Soldier must be informed and given the opportunity to accept the prescribed medical care. If the Soldier still refuses the medical treatment commander will forward the <strong>AR</strong> <strong>600</strong>–<strong>20</strong> 18 March <strong>20</strong>08 41