Can my guard unit legally delay my paperwork? What recourse do I have?

2021-08-24T02:18:26-04:00

I am in the Guard trying to go Active Duty with a MILPER message. The only thing stopping me is a signature from the two star on my DD368. I have completed my service obligation according to my DD-214 back in 2020, but my unit insists I still owe them time and disagree with my DD-214 - I am not currently flagged or have any admin action against me. I am getting the run around and get the feeling my unit is trying to run out the clock until the MILPER expires the beginning of September. Is there anything I can do to get them to move on this? IG has been no help thus far.

Response by CPT Private RallyPoint Member made Aug 24 at 2021 7:30 AM

2021-08-24T07:30:00-04:00

You are unlikely to get anything done by Sep 1, unfortunately. If you give one level of your chain of command adequate time to take care of a request and they don't, you simply go to the next level. Next time you're in this position, don't be afraid to walk up the chain if you are getting stonewalled.

Response by CPT Lawrence Cable made Aug 24 at 2021 8:03 AM

2021-08-24T08:03:39-04:00

First, the bad news. Your unit is under no obligation or time schedule to sign you DD368, which should require the signature of the first General in your Chain of Command unless otherwise designated. Some States require the signature of the TAG.
If you are a Guard/Reserve Commissioned officer, your initial Obligation is 6 years + 2. If you are prior service, you enlisted time counts toward your total MSO.
I would talk to my commander about the chance of hand carrying your DD368 to the General that's signature is required. You still may get told no, but you will at least know it up front.

Response by SPC Private RallyPoint Member made Aug 24 at 2021 9:03 AM

2021-08-24T09:03:49-04:00

A good question to ask is if anyone in the process is M-Day or full time (AGR, OTOT, FTNGD-OS, etc). I've seen paperwork get delayed just because several people in the process were M-day and their units had different drill dates than each other. Additionally I saw a packet get delayed because the first month the brigade commander was on vacation, the second month the LCC was on vacation, and the third month the TAG was on vacation all in a row. Then it went back to the M-day problem delaying it even further because the brigade commander was M-Day and his full time staff was overworked and packets that didn't get followed up on tended to get forgotten about.

This all might be different than your case LT, but maybe it offers some insight into a regular problem the Guard faces with paperwork.

Response by CW3 Kevin Storm made Aug 24 at 2021 10:00 AM

2021-08-24T10:00:04-04:00

I don't normally recommend this, but go see, or reach out to the CSM that works with that 2 star. See if you can get him on your side. Also who is saying you haven't completed the time? Have a sit down with them and explain your side.

Response by SFC Private RallyPoint Member made Aug 24 at 2021 7:00 PM

2021-08-24T19:00:37-04:00

If it's a 368 that means it is a Conditional Release and you are requesting to be released for some purpose, not demanding to be released under current policy. A 368 is never required to be approved, if it was required to be approved it would not require approval.

Obviously no person here can consult you on your ADSO since we haven't seen your records, but generally a DD214 does not state the ADSO of an officer, it only lists periods of active duty greater than 90 days