Can Soldiers be exempted from duty and details based on MOS?

2014-04-07T02:58:53-04:00

I would like to know the opinions out there regarding Soldier exemptions for certain MOS's. For example, I am a 27D - Paralegal. We utilize AR 27-10,Military Justice, as well as the MCM. Neither one of these manuals mention exemptions from either pulling duty or for special/seasonal details. Every installation SJA, instead, signs off on a supplemental local 27-10 which outlines the use of the OSJA staff post-wide, meaning whether you are in a TRADOC or FORSCOM unit with you own CoC, this local supplement supersedes anything that unit commander puts out. The rationale is that the units don't want their legal staff out of the office at any point so they automatically exempt them. I have been in for just over 7 years and have never pulled any kind of duty or detail (much to the annoyance of my spouse) despite my repeated attempts to do so. I bring this up because we just had a meeting with our RCSM and he wanted to know our thoughts on it. Just curious about opinions.

Response by 1SG Private RallyPoint Member made Apr 7 at 2014 4:42 AM

2014-04-07T04:42:54-04:00

I have always felt that no one should be exempt from duties beyond the obvious they are in a school or something. Definitely not based on your MOS. By that logic you shouldn't be allowed to take leave, pass or leave the area surrounding your base. If they cant lose you for 2 days they are in more trouble than they think. Just my 2 cents.

Response by 1SG Private RallyPoint Member made Apr 7 at 2014 10:02 AM

2014-04-07T10:02:04-04:00

My thought has always stemmed from annoyance of those that are exempt. You
see it everywhere, and funny that you bring up the legal team. I remember a
time in Germany that we couldn't get anything done on a Friday or Monday
because the legal teams were always on some kind of pass. The whole argument of
not wanting them out of the office is crap (in my opinion). They get leave
right? That's being out of the office. They get passes right? That too is being
out of the office. Kudos to those that don't pull duty but I do feel that it is
unfair for those that have to do double duty.

I will give you another scenario: All color guard is exempt from duty due to
having to be ready at a minutes notice to perform their duties of the color
guard. We get a new CSM in and for the COR ceremony, there was three Soldiers
not on the color guard team that participated in the COR. Why did we have to
give up extras???? Too many were on leave!

The whole not being in the office thing just don't sit right with me. As you
can probably tell by now. Let's say one of those exempt people get a red cross
message today, because their mother/father passed. Are you going to deny them
leave based solely off the fact you need them in the office?! Of course not!
They will be afforded the same liberties as the Soldier that would otherwise be
on the roster.

Response by SGT Genty McFarland made Apr 7 at 2014 10:58 AM

2014-04-07T10:58:05-04:00

When we PCS'ed to our new unit this year, my husband got put on the roster and pulled duty at least twice a week. No biggie I thought. Then it came to my attention that females in particular were exempt! After much talks they started pulling duty again this month! I believe in equality all across the board and it did not take a fool to see that it was not fair!There are exemptions to every rule but common sense has to over rule!

Response by SFC Private RallyPoint Member made Apr 7 at 2014 11:40 AM

2014-04-07T11:40:46-04:00

A soon as you start giving exemptions to one MOS, you might as well give exemptions to all of them

Response by SSG Private RallyPoint Member made Apr 7 at 2014 12:12 PM

2014-04-07T12:12:33-04:00

I couldn't agree more everyone! I pretty much thought this would be the answer, however, I was slightly surprised to see that just females were being excluded as in the case of your husband SGT McFarland. That just seems way more odd than my scenario....lol. I thank everyone for their input.

Response by SGT Thomas Sullivan made Apr 7 at 2014 3:09 PM

2014-04-07T15:09:18-04:00

Spread the love. I do not remember pulling duty more than once or twice in my career, but then again I was working 24/7 ops/shift for 7 years, so maybe that is why.

Response by SPC Private RallyPoint Member made Jul 22 at 2015 10:10 PM

2015-07-22T22:10:11-04:00

I am a 27D and my command does not follow the exemption. I have been put on duty multiple timestimes during my deployment. My only issue with pulling duty as a 27D is that I was still doing my job while pulling extra duty with those that got put on the detail due to getting an Article 15. This made it uncomfortable for everyone involved. I do not think I should have to be doing the same duty along side those that are there for punishment. I am not against doing my part I know my place in the Army and will do my duties as ordered I just think the command should keep this in mind.

Response by SGT Private RallyPoint Member made Apr 13 at 2016 6:40 PM

2016-04-13T18:40:19-04:00

I don't think it's about being out of the office. From how it was explained to me, the legal shop will be conflicted out if an incident occurs while on CQ/staff duty. The same goes for observing during a UA.

Response by SSG Private RallyPoint Member made Mar 31 at 2017 12:29 PM

2017-03-31T12:29:33-04:00

Answer to your original question, yes and no. Keep in mind that there are "Special MOSs" such as 31D, CID Special Agents. Due to job specifics, they cannot perform "duty" under any other local command, 8th Army (for example), because they must remain a separate entity. Because of what their job entails; they only fall under USACIDC and no other command. They do have their own version of "Duty" and it is performed under that detachment commander or Special Agent in Charge.

Response by MAJ Ronnie Reams made Aug 30 at 2020 9:11 AM

2020-08-30T09:11:18-04:00

When I was a Company Clerk back in the 1960s I was not on any DA-6, nor were the cooks. Everyone else was. I would think that may still be case, but not sure.

Response by LTC Jason Mackay made Aug 30 at 2020 10:11 AM

2020-08-30T10:11:55-04:00

I’ve seen some exempt from duty, I’ve seen no one is exempt. It’s a slippery slope. Sometimes the duty exemption is tied to the fact the people are recalled after hours. I’ve seen chaplain assistants ED for weekend duty since they work weekends. I’ve also seen where certain ranks are on certain DA6s.

Response by CSM Darieus ZaGara made Aug 30 at 2020 11:37 AM

2020-08-30T11:37:13-04:00

There should be no exemption. 1SG and CO’s should as always take mission into consideration when dolling our details and varying duties. The form used allows for such accommodation. There are many critical jobs in the military, if there were blanket exemptions for all of them details would go uncovered. Yet and still it is up to the local command.

Response by SPC Robert Hendrickson made Feb 14 at 2021 9:27 PM

2021-02-14T21:27:47-05:00

no exemptions except in medical profile cases.. I had went thru that situation a few times

Response by Maj John Bell made Feb 14 at 2021 11:34 PM

2021-02-14T23:34:29-05:00

If you were assigned to my command, and the SJA told me what I could or could not assign you to for duty or details. I would politely inform him that he does not have command authority, and unless I see such guidance over the CG's signature, the SJA needs to stay out of my lane.

Response by SSG Private RallyPoint Member made Jun 7 at 2021 5:26 AM

2021-06-07T05:26:33-04:00

Not typically based on MOS, but duty exemptions can be granted based on the current duty position, or assigned based on rank/duty position (for example, SDO/FOD being SFC or SSG in a Platoon Sgt. position, or officers, SDNCO being SGT(P) or SSG, CQ being Corporal or SGT, etc, etc)) based on the unit SOP. I have seen people get exempted from duty due to the particular nature of their job. I have also seen it backfire on that particular 1SG/CO that exempted them from duty when it came to light that that particular person that was exempted from duty "because the Company cannot do without their services for 48 hours" just got back from 2 weeks of leave.

After that last one, the CSM made it a policy that the only authorized duty exemptions were Leave, Pass, or School.

Response by SGT Private RallyPoint Member made Nov 29 at 2021 7:59 PM

2021-11-29T19:59:40-05:00

Will those local 27-10 also cover exemptions of duty for personnel who are nearing their terminal leave? I am being put on gate guard from Feb-Mar but I start terminal on March 25. This will leave minimum time to prioritize my HHG and all those small things.

Response by SGT John Ball made Mar 5 at 2022 12:40 PM

2022-03-05T12:40:27-05:00

I have seen cooks exempt from duties because of the odd hours they worked.