Posted on Mar 6, 2023
How should I handle receiving orders that cause undue hardship and a financial burden? Can IG or Legal help, or do I need a civilian lawyer?
Suspended Profile
765
19
20
Need some advice. I transferred to another army reserve unit as an instructor and now I’m having issues with the CoC. My background, I’ve been in the military 16 years never had an issue with orders and doing what needs to be done. I’ve been with this current unit for about 9 months and I received orders for 25days to instruct with only 2 weeks to prepare. I and my spouse work full time and she attends night schooling. We also have a 10 yr that has a full schedule throughout the week. I’ve made it know to my CoC that I can’t full fill these orders due to these issues and this would add undue hardship and more of a financial burden on me. Now I’m getting hit with a bad NCOER and getting kicked from the unit. My question is do I have a case against my CoC for doing this? Can IG, legal help? Or do I need to get a civilian Lawyer that know military law?
92Y: Unit Supply Specialist
Legal Services
JAG
Career Advice
Posted 2 y ago
Responses: 6
SSG Thomas Williams - Your comments responding to SFC Casey O'Mally are true regarding the military providing resources while you are serving your country -- and it does. However, these are from the Federal side and deal with employer discrimination because of mobilizations.
In your case, you were told to go TDY from your unit and feel you are getting a bad evaluation because you told them no. There are no laws or policies protecting you in this case from getting a bad evaluation for not stepping up when asked. Yes, I know ... it sucks.
Additionally, understand the difference between a BAD evaluation and a evaluation that ISN'T GREAT. A BAD evaluation is one that your Senior Rater rates as "Not Qualified" or that your rater says that you "Did Not Meet Standard". One that ISN'T GREAT is one that says you are average (i.e., Met Standards in all categories ... overall rating of "Met Standard" .. Senior Rater of "Qualified")
If you DO get a bad evaluation, you can appeal it, but the burden will be on you to prove that you don't deserve it. HRC will allow you to appeal an NCOER for an "unjust evaluation of your performance and potential", but as I said, you will have to prove that you don't deserve it, and even then, the evidence must prove that some other factor besides your evaluated work led to a negative evaluation.
You can go to the IG, but you probably aren't going to get anywhere with them. They do take reprisals against individuals seriously, but those are in cases of protected communications (doesn't apply in this case). As a rule, the IG does not get involved with evaluation matters unless it falls into the category of something else (e.g., those reprisals).
As for legal - you can try, but there's really nothing they could do. There aren't any policies that seem to have been violated let alone any laws.
As much as you don't like hearing it, I agree somewhat with SFC Casey O'Mally's response. Dealing with work/life balance in the military (even the reserve component) is one of the biggest factors that people go though trying to make 'stay or go' decisions. If this was a possibility that could have happened (no notice TDY) and you don't like it, then you shouldn't have stayed in that position. It's very possible that from your COC's point of view, you aren't being a team player and you let the organization down and because of that they don't want you around.
Your absolute best course is to talk to your chain of command and see if you can rectify this. Failing that, if you feel the 'well is poisoned and you have nothing to lose', go up the chain to your reviewer and plead your case. If this was a situation where someone else dropped the ball and is trying to deflect the blame to you it might work. If this is the case that you refused to do what was asked of you (even if it was hard), then it probably won't.
In your case, you were told to go TDY from your unit and feel you are getting a bad evaluation because you told them no. There are no laws or policies protecting you in this case from getting a bad evaluation for not stepping up when asked. Yes, I know ... it sucks.
Additionally, understand the difference between a BAD evaluation and a evaluation that ISN'T GREAT. A BAD evaluation is one that your Senior Rater rates as "Not Qualified" or that your rater says that you "Did Not Meet Standard". One that ISN'T GREAT is one that says you are average (i.e., Met Standards in all categories ... overall rating of "Met Standard" .. Senior Rater of "Qualified")
If you DO get a bad evaluation, you can appeal it, but the burden will be on you to prove that you don't deserve it. HRC will allow you to appeal an NCOER for an "unjust evaluation of your performance and potential", but as I said, you will have to prove that you don't deserve it, and even then, the evidence must prove that some other factor besides your evaluated work led to a negative evaluation.
You can go to the IG, but you probably aren't going to get anywhere with them. They do take reprisals against individuals seriously, but those are in cases of protected communications (doesn't apply in this case). As a rule, the IG does not get involved with evaluation matters unless it falls into the category of something else (e.g., those reprisals).
As for legal - you can try, but there's really nothing they could do. There aren't any policies that seem to have been violated let alone any laws.
As much as you don't like hearing it, I agree somewhat with SFC Casey O'Mally's response. Dealing with work/life balance in the military (even the reserve component) is one of the biggest factors that people go though trying to make 'stay or go' decisions. If this was a possibility that could have happened (no notice TDY) and you don't like it, then you shouldn't have stayed in that position. It's very possible that from your COC's point of view, you aren't being a team player and you let the organization down and because of that they don't want you around.
Your absolute best course is to talk to your chain of command and see if you can rectify this. Failing that, if you feel the 'well is poisoned and you have nothing to lose', go up the chain to your reviewer and plead your case. If this was a situation where someone else dropped the ball and is trying to deflect the blame to you it might work. If this is the case that you refused to do what was asked of you (even if it was hard), then it probably won't.
Time to take a moment and look at yourself So you’re an E6 with enough expertise at your MOS to be an instructor. That’s good. It sounds like the image you’re projecting doesn’t fit those facts. If you’re spending a lot of time complaining and trying to get out of orders, then I can see why you’re getting a less-than-great NCOER.
You should have a family care plan for situations like this. Consider calling on Grandparents to help with the kid. If it were my grandchild, I’d be more than happy to help. Your employer should let you off work to do your reserve duty. You should know how they will handle this by now. I’m not sure how this will be a financial hardship. You’ll get full pay and allowances while activated, plus perdiem. Your travel should be fully paid for. Unless you have a great paying civilian job I don’t see the problem.
So far the Service doesn’t appear to have done anything illegal. Stay away from the JAG and IG. Instead plan your trip and work. Go do a good job.
You should have a family care plan for situations like this. Consider calling on Grandparents to help with the kid. If it were my grandchild, I’d be more than happy to help. Your employer should let you off work to do your reserve duty. You should know how they will handle this by now. I’m not sure how this will be a financial hardship. You’ll get full pay and allowances while activated, plus perdiem. Your travel should be fully paid for. Unless you have a great paying civilian job I don’t see the problem.
So far the Service doesn’t appear to have done anything illegal. Stay away from the JAG and IG. Instead plan your trip and work. Go do a good job.
So.... you joined the reserves, and accepted the pay to be on standby for when you are needed. Now that you are needed, you are unwilling to answer the call because it is inconvenient for you.
And you are asking if they are allowed to punish you for refusing orders - which you agreed to follow when you signed up?
What am I missing here?
Your personal life is YOUR responsibility, not the Army's. Your failure to manage your personal life in a way that allows you to fulfill your OBLIGATIONS is your problem. YOU need to fix it.
And you are asking if they are allowed to punish you for refusing orders - which you agreed to follow when you signed up?
What am I missing here?
Your personal life is YOUR responsibility, not the Army's. Your failure to manage your personal life in a way that allows you to fulfill your OBLIGATIONS is your problem. YOU need to fix it.
CPT Lawrence Cable
Even the Active Army doesn't send you on assignments for a month with 2 weeks notice unless responding to an emergency, it which case I would agree. I've never been in a unit that had training on a two week notice, let alone training at another location. The S-3 should know the training schedule out at least 18 months.
This sounds like someone dropped the ball somewhere along the line and that someone is trying to spread around the blame.
This sounds like someone dropped the ball somewhere along the line and that someone is trying to spread around the blame.
COL Randall C.
CPT Lawrence Cable - Agree about the training schedule and this shouldn't happen.
Disagree about "even the active Army doesn't send you on assignments for a month with 2 weeks notice unless responding to emergency" - If you change the word "emergency" to "unforeseen circumstance", then I would agree.
I can't count the number of time in my career that I was sent on long TDYs with very little notice ... and it just gets worse the higher up in rank/position you go.
If an unforeseen circumstance popped up such as the scheduled instructor becoming unavailable or such happened, I can see them giving only only a two week notice. However, unless it was one of those situations, then it's probably like you said about someone dropping the ball.
Disagree about "even the active Army doesn't send you on assignments for a month with 2 weeks notice unless responding to emergency" - If you change the word "emergency" to "unforeseen circumstance", then I would agree.
I can't count the number of time in my career that I was sent on long TDYs with very little notice ... and it just gets worse the higher up in rank/position you go.
If an unforeseen circumstance popped up such as the scheduled instructor becoming unavailable or such happened, I can see them giving only only a two week notice. However, unless it was one of those situations, then it's probably like you said about someone dropping the ball.
CPT Lawrence Cable
COL Randall C. -" If you change the word "emergency" to "unforeseen circumstance", then I would agree.".
I've been sent on some things on short notice too, but generally they would ask me, or at least they did in the Guard. I usually went since I had an employer where it was corporate policy to let Reservist do whatever time they wanted and I didn't care if I left my boss short handed. However, Guard and Reserve units tend to know those of us that could leave on short notice and would hit us with those missions first. I have never reprimanded a Guardsman that couldn't take a mission on short notice, I would have just went to the next guy.
Even for emergency duty like forest fires, I/we knew the guys that were looking for extra duty and called them up first before we started down the list.
I've been sent on some things on short notice too, but generally they would ask me, or at least they did in the Guard. I usually went since I had an employer where it was corporate policy to let Reservist do whatever time they wanted and I didn't care if I left my boss short handed. However, Guard and Reserve units tend to know those of us that could leave on short notice and would hit us with those missions first. I have never reprimanded a Guardsman that couldn't take a mission on short notice, I would have just went to the next guy.
Even for emergency duty like forest fires, I/we knew the guys that were looking for extra duty and called them up first before we started down the list.
Read This Next
Continue with Facebook 
Continue with Google
You can go talk to JAG or IG - but I don't think they'll tell you anything different than what has already been posted. But nothing stops you from consulting them.
I agree with him (and you). You are not required to have one by Army regulations because you have a spouse that will provide care for your children when you aren't there for military purposes. However, you are saying that you have challenges in your current arrangement and that's the entire point of a Family Care plan - taking care of your family when your military duties don't allow you to be there.
You quoted the AR regarding Family Care Plans, but neglected the focus of it:
Soldiers must arrange for the care of their Family members in order to be— (1) Available for duty when and where the needs of the Army dictate.
(2) Able to perform assigned military duties without interference of Family responsibilities.
If this is a possibility and your wife is not up for the task to provide the support while you are away, what is your backup place for family care of your child? Your own statements indicate that your current situation is dependent upon you and your wife being available. You indicated that if you had more of an advanced notice that you would be able to accommodate - how much is needed? One month? Three Month? A year? If you are in this situation again, what's your back-up?
You're subject to no-notice recall in the case of an emergency. I'm sure you'll do what's needed in that case and deal with the "family stuff" afterwards, however, do you foresee just leaving the situation lie until it possibly pops up? That would be like not buying life insurance to take care of those left behind unless you're going to die.
Bottom line - As you likely know from your 16 years in the military, those requirements can come from anywhere and at any time. If you're not in a situation to meet those requirements, there is a disconnect. If your leadership is willing to work with you regarding that disconnect, great! If they aren't, then it is your responsibility to address it. This means that you need to address it from the family side (make plans in case this happens) or professionally (remove yourself from that requirements - transfer to another unit or leave the service).
The Commander needs to understand that the Reservist and National Guard serve two masters and generally that Army master doesn't pay the biggest part of the bills. Want to have a unit with retention problems, forget that last sentence.
Even if the Commander can force this because it's short of 30 days, haven't had a change to look up yet, he is shooting himself in the foot it he does it.