Posted on Jun 2, 2020
(ARNG) Can a bar to continued service be placed on a SM not willing to deploy because they have less than a year on their contract?
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I referenced AR601-280 para 8-4d which lists Soldiers eligible for initiation of continued service, while the above situation is not listed, it does list denied continued service by his or her immediate commander, does this umbrella any other reasons not listed?
Retention
Re-enlistment
Deployment
Posted >1 y ago
Responses: 6
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If you mean that the Soldier refuses to extend for the deployment, it does reference that. It says Soldiers will not be barred for refusing to extend or reenlist.
If that’s not the case, then yhe Soldier is missing movement and that’s covered under UCMJ.
If that’s not the case, then yhe Soldier is missing movement and that’s covered under UCMJ.
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1LT (Join to see)
I guess that is where interpretation comes into play, it says "A bar to continued service will not be initiated solely because a Soldier refuses to reenlist."
The bar would not solely be because the Soldier refuses to reenlist, but that the Soldier would be refusing to deploy by refusing to reenlist.
The bar would not solely be because the Soldier refuses to reenlist, but that the Soldier would be refusing to deploy by refusing to reenlist.
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SFC (Join to see)
1LT (Join to see) that part is not open to interpretation. Whether or not it is solely or in addition to the Soldier not reenlisting, it is expressly forbidden. Barring or attempting to bar a Soldier for refusing to continue service is a valid IG complaint. Also, the appeal goes to the first O6 or General if they have over the 10 years of service. That’s not a conversation you want to have with your Colonel or General.
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A Soldier can be barred and face CM for refusing a lawful order to deploy. Imagine if a Battalion was to deploy and every Soldier with less than a year refused to deploy, this could reduce a unit by a third or more.
The military honors their commitment and Sokdiers are responsible to meeting their commitment.
The military honors their commitment and Sokdiers are responsible to meeting their commitment.
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1LT (Join to see)
Thanks CSM, I appreciate your feedback and agree with your sentiment, I am just struggling to find actionable steps my leadership can take as the stop loss policy to involuntarily extend SMs service through a deployment has not been in effect since 2010 and the Enlisted Involuntary Early Separation Program designed to replace it to kick out Soldiers early for not being willing to re-enlist for a deployment applies only to the active duty component.
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To add to the CSM - while in command or any legal action I alway consulted my local JAG office. That's what they are there for....
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