1SG trying to transfer out, so can the Company CO rightfully hold up his transfer?

2019-07-18T16:22:48-04:00

I know this USAR TPU 1SG trying to transfer out of the unit into another unit. The Company Commander is holding up his transfer until they move him out of the 1SG position. Does he have any recourse for this? He wants to leave sooner rather than later.

CLARIFICATION: Lots of you are active duty and answering this from that perspective. That's not how it works. To transfer units in the USAR, a TPU Soldier gets a DA 4651 filled out from the gaining unit, then from the losing unit, then it goes up to the losing unit's higher HQ to be processed, and the TPU Soldier receives transfer orders. The losing unit commander has signed the DA 4651, but was holding off on sending it up to battalion to be processed because he wanted to wait until this 1SG was moved out of the 1SG position.

UPDATE: The company commander has finally sent the signed DA 4651 to battalion. This 1SG should get his orders in the next 30 days.....

Response by MSG Private RallyPoint Member made Jul 18 at 2019 4:41 PM

2019-07-18T16:41:55-04:00

Interesting. For certain, the Commander doesn't have to approve the transfer, but to move him out of the position is just simply editing the UMR and moving the 1SG out and someone else in.

Response by 1SG Private RallyPoint Member made Jul 18 at 2019 7:13 PM

2019-07-18T19:13:11-04:00

Yes, the commander can halt a transfer, and depending on the situation, he/she should.
If there are no legal or investigation complications, it would probably be best if the 1SG moved up to the Bn HQ for however long it takes to wok things out.

Response by 1SG Private RallyPoint Member made Jul 18 at 2019 8:48 PM

2019-07-18T20:48:21-04:00

Who is reaponsible for completing the paperwork or electronic input to move the 1SG out of that position?
Is there another position in the company that the 1SG can be moved to?
As others stated, the commander has broad latitude.

Response by 1SG Frank Boynton made Jul 19 at 2019 9:38 AM

2019-07-19T09:38:18-04:00

The need of the unit outweigh the needs of the one. But the commander needs to consider the impact of keeping a disgruntled top kick in that position will have on his unit. Because he can, doesn’t always mean he should.

Response by SSG Private RallyPoint Member made Jul 19 at 2019 10:08 AM

2019-07-19T10:08:59-04:00

Correct my if I am wrong but in the reserves I thought the final say on transfers was the first O-6 in the chain of command, I know we had a problem with an LTC holding on to transfer paper work and he got slapped on the wrist by higher and had IG come down on him. He and the company commander can put their recommendation on the paper work but the approving authority was above the BN commander at least back in 2007 under the 88 RSC.

Response by 1SG Donald lePrell made Jul 20 at 2019 5:11 PM

2019-07-20T17:11:19-04:00

Company commander can’t hold valid orders.

Response by SFC Ralph E Kelley made Jul 21 at 2019 3:06 PM

2019-07-21T15:06:36-04:00

1SG is position rank, not a pay grade. The CO can do what he wants as long as it doesn't affect the unit posture and is in keeping with regulations. If it does have an effect on the unit posture he will have to justify his actions to his commander.
The CO needs to edit the UMR and 'promote' someone else into the job. I'm not certain about Army Reserve but if I remember correctly, any National Guard personnel could receive a reduction in grade that reflects their changed status.
The overall impact of a series of action are what I found where most commanders are concerned.

Response by 1SG Private RallyPoint Member made Jul 22 at 2019 10:44 PM

2019-07-22T22:44:24-04:00

As a former 1SG in a CA unit that doesn’t make any sense? Once the big army transfers you out of the position it automatically becomes vacant anyway. If they perceives it is being done maliciously then I suggest they contact the IG.