Posted on Dec 4, 2017
Does re-enlisting for a change of duty station and getting denied due to EFMP constitute a breach of contract?
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I re-enlisted for a change of duty station, but have been denied my choice of station three times due to EFMP. Can I get out of my contract?
Posted in these groups: 
Re-enlistment
Re-enlistment
Posted >1 y ago
Responses: 4
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It's not a breach of contract, they simply can't support sending your family. Technically, you can still go, leave your family behind, and the terms of the contract will have been met.
Luckily HRC isn't all that heartless and you can ask for a renegotiation for a different duty station. You can request to have your contract deleted on the grounds that it's unfulfilled, however it's unlikely to be approved because the contract was negotiated in good faith with accurate information at the time, it can still be fulfilled, and HRC met all their obligations within AR 601-280.
Luckily HRC isn't all that heartless and you can ask for a renegotiation for a different duty station. You can request to have your contract deleted on the grounds that it's unfulfilled, however it's unlikely to be approved because the contract was negotiated in good faith with accurate information at the time, it can still be fulfilled, and HRC met all their obligations within AR 601-280.
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This is too vague. EFMP? The duty stations you wanted have a shortage or slot for your MOS/grade? Have you talked to the unit retention/re-enlistment NCO at BN/BDE/DIV/Corps? Have you called enlisted branch?
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SSG (Join to see)
Honestly SGM, I have not gone higher than BN yet. I was told today by my BN Retention that because I was denied by EFMP, that her hands are tied. Her recommendation was to contact the EFMP Office at Fort Polk to see why my request was denied. My EFMP office could not tell me anything as this EFMP screening request was processed through HRC and not them. At least that is what I was told. This is my first time dealing with this situation and I was curious as to what could happen.
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SSG Jason Neumann
Depending on what your needs are for your family member this is why EFMP can deny your request. I had to do go through my current EFMP on base as well as the future base I wanted to go. They printed out the reasoning why it was denied. If the base or surrounding areas can not fulfill what needs to be done then you can be denied. Contact HRC as well as possibly compassionate reassignment. Make sure family member who is in EFMP the data is correct. This is a main reason. If you need to update medical, then do so. SSG (Join to see)
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