MILPER MESSAGE NUMBER : 06-186
AHRC-PDO-IP
ADOPTION LEAVE FOR SERVICE MEMBERS ADOPTING CHILDREN
Issued: [06/29/2006]...

A.  CDR, AHRC MESSAGE, AHRC-PDO-IP, MILPER MESSAGE 06-182, SUBJECT AS ABOVE IS RESCINDED.
B.  TITLE 10, USC, SECTION 701H (1)
C.  DEPARTMENT OF DEFENSE INSTRUCTIONS 1327.6, LEAVE AND LIBERTY, DTD 22 APRIL 2005.
D.  DEPARTMENT OF DEFENSE INSTRUCTION 1341.9, DOD ADOPTION REIMBURSEMENT POLICY.
E.  AR 600-8-10, LEAVES AND PASSES, DTD 15 FEBRUARY 2006.
1.  EXPIRATION:  THIS MESSAGE EXPIRES 30 JUNE 2008.
2.  THE PURPOSE OF THIS MESSAGE IS TO CLARIFY EXISTING POLICY AND PROCEDURES ANNOUNCED IN REFERENCE A,  AS IT PERTAINS TO THE AUTHORIZATION OF ADOPTION LEAVE.
3.  ADOPTION LEAVE:  THE NATIONAL DEFENSE AUTHORIZATION ACT (NDAA) EFFECTIVE 1 JANUARY 2006, AUTHORIZES SOLDIERS WHO ADOPT A CHILD IN A QUALIFYING ADOPTION AGENCY UP TO 21 DAYS OF NON-CHARGEABLE LEAVE OF ABSENCE.  THIS POLICY GUIDANCE IS RETROACTIVE FROM
1 JANUARY 2006 AND IS APPLICABLE TO ALL ACTIVE DUTY SOLDIERS (E.G. MARRIED SOLDIERS, DUAL MILITARY COUPLES, AND SINGLE SOLDIERS).  THE UNIT COMMANDER OR DESIGNEE IS THE APPROVAL AUTHORITY FOR ADOPTION LEAVE.  ALSO AN ADOPTION LEAVE OF ABSENCE MAY BE AUTHORIZED IN CONJUNCTION WITH ORDINARY LEAVE BASED ON MILITARY AND OPERATIONAL REQUIREMENTS.  NO MORE THAN ONE SOLDIER OF A HOUSEHOLD MAY BE GRANTED AN ADOPTION LEAVE OF ABSENCE.  COMMANDERS MAY GRANT ADOPTION LEAVE IN INCREMENTAL PERIODS OF ABSENCE
4.  QUALIFYING ADOPTIONS:  A QUALIFYING ADOPTION IS DEFINED AS A SOLDIER BEING ELIGIBLE FOR REIMBURSEMENT OF QUALIFIED ADOPTION EXPENSES UNDER 10 UNITED STATES CODE, SECTION 1052.  THIS PROGRAM IS DESIGNED TO PROVIDE REIMBURSEMENT TO QUALIFYING SOLDIERS WHO INCURRED ADOPTION EXPENSES ONLY IF SUCH ADOPTIONS ARE ARRANGED THROUGH ONE OF THE FOLLOWING PROCEDURES:
(1)  BY A STATE OR LOCAL GOVERNMENT AGENCY THAT HAS RESPONSIBILITY UNDER STATE OR LOCAL LAW FOR CHILD PLACEMENT THROUGH ADOPTION;
(2)  BY A NONPROFIT AND VOLUNTARY ADOPTION AGENCY AUTHORIZED BY STATE OR LOCAL LAW TO PLACE CHILDREN FOR ADOPTION, OR
(3)  ANY OTHER SOURCE AUTHORIZED BY A STATE TO PROVIDE ADOPTION PLACEMENT IF THE ADOPTION IS SUPERVISED BY A COURT UNDER UNITED STATES STATE OR LOCAL LAW.  SOLDIERS MAY APPLY FOR REIMBURSEMENT OF ADOPTION EXPENSES AFTER THE ADOPTION IS COMPLETED AS PRESCRIBED BY THE DODI 1341.9 (REFERENCE C ABOVE).
5.  SOLDIERS ASSIGNED OUTSIDE THE CONTINENTAL UNITED STATES (OCONUS) MAY SEEK REIMBURSEMENT FOR ADOPTION EXPENSES FOR ADOPTIONS THAT ARE CONDUCTED UNDER THE AUSPICIES OF A UNITED STATES STATE OR LOCAL GOVERNMENT AGENCY.  COMMANDERS SHOULD ENCOURAGE SOLDIERS TO CONSULT OR VISIT THEIR SERVICING LEGAL ASSISTANCE OFFICE FOR GUIDANCE REGARDING LEGAL REQUIREMENTS FOR ADOPTION AND REIMBURSEMENT EXPENSES BEFORE CONSIDERING ADOPTION OR SEEKING REIMBURSEMENT.
6.  THE ARMY HUMAN RESOURCES COMMAND (AHRC) FUNCTIONAL PROPONENT IS MRS. MCCLELLAND, DSN 221-9005 OR COMMERCIAL (703) 325-9005.