Air Force

November 8, 2013

Leave policy allows permissive TDY to legally marry: Rules apply equally to same sex and opposite sex couples

Debbie Gildea
Air Force Personnel Center Public Affairs

JOINT BASE SAN ANTONIO-RANDOLPH, Texas (AFNS)–Military members who are unable to legally marry in the state or country where they are assigned can request permissive temporary duty to travel to a state where they can get married, according to an Oct. 15 leave policy update, Air Force Personnel Center officials said.

Following a June 26 Supreme Court decision finding Section 3 of the Defense of Marriage Act unconstitutional, Defense Department officials implemented a plan to extend benefits to same sex spouses. Airmen requesting benefits for spouses must present a marriage certificate. However, some Airmen and their significant others have been unable to marry because they live in a state or country where same sex marriage is prohibited.

The Oct. 15 guidance memo updating Air Force Instruction 36-3003, Military Leave Program, modifies Table 7, Rules 49 and 50, to allow Airmen to apply for permissive TDY to obtain a legal marriage, with guidelines and restrictions on the number of days allowed depending on applicants’ locations. The rules apply equally to same sex and opposite sex couples.

To be eligible, Airmen must be stationed more than 100 miles from the nearest location allowing them to be married. Airmen stationed in the 48 contiguous United States may be authorized up to seven days, which includes a maximum of two travel days. Airmen stationed overseas may be authorized up to 10 days; a maximum of five for travel.

The number of days approved will be based on travel combined with the waiting period required by law from the jurisdiction nearest the duty location. The waiting period is the wait time required to obtain a marriage license and the required wait time after getting a marriage license, but before the marriage may be performed.




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