Posted on Apr 7, 2014
Can Soldiers be exempted from duty and details based on MOS?
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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.
Posted in these groups: 
Duty
Staff Duty
Duty Staff Duty
Posted >1 y ago
Responses: 20
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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.
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no exemptions except in medical profile cases.. I had went thru that situation a few times
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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.
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LTC Jason Mackay
I'm guessing you were the duty runner. The Article 15 people were there doing their penance. Not the same duty. You pull your duty then don't pull it again until your number is up. They are doing the 45 or 30 until they work it off. Big difference.
As a Commander, XO, S3 I was often there while they were all there, does that mean I was pulling the same duty? Hardly. When there are no Article 15 gulag members, many of those details still have to be done. Someone is going to do it. The perception is that there is make work for punishment. Certainly some of the work is at the lower end of the priority list, but it will still be there, and there is usually no shortage of soldiers to work it off.
As a Commander, XO, S3 I was often there while they were all there, does that mean I was pulling the same duty? Hardly. When there are no Article 15 gulag members, many of those details still have to be done. Someone is going to do it. The perception is that there is make work for punishment. Certainly some of the work is at the lower end of the priority list, but it will still be there, and there is usually no shortage of soldiers to work it off.
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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.
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LTC Jason Mackay
It's a slippery slope. It depends on the Command Team's priorities. The Installation really sets the requirements in TC 3-22.6 Guard Duty. If you read that it describes the roles of SDNCO et al as interior or hybrid Guard. CQs are fixed posts. I did not scrub AR 220-45 Duty Rosters for any guidance.
22+ years of experience managing after hours duty programs or pulling after hours duty, the exemptions have to hold up to the light of day and Be specific. Usually the most defendable ones are that you are subject to 24-7 recall, in the field (temporary exemption), or pulling a rotating specialized duty that only your position is capable of (MPs on shifts, EOCs) or MOS can pull (example 56M weekend duty at the chapel, 92G Night Baker, 92F dispensing fuel for unforecasted emergencies or running a 24-7 aviation hot refuel).
Commanders and CSM/1SG normally do not pull rotating duties because they are on duty 24-7 already, although they are empaneled on courts martial for years at a stretch without relief (Ft Carson, looking at you. ASU Green Ramp sucks). By extension the CJA is assumed to be on call like a DA. More to the point, I have worn out a CJA on weekends and late nights. Especially as a Garrison Commander.
I guess relative to 27D, it depends on the Commander's perception of good order and discipline in the formation. If there are specific cases about to got to trial as a CJA I can see a need to have all hands on deck working extended hours to prepare. Or there is a pile up of Article 15s at BDE CJA, I can see a need to have swift and fair justice to maintain discipline. Also, if you punish someone weeks later, it loses effect. I have no idea what TDS people do on a day that ends in Y or even where they are assigned, determining whose eligibility roster they appear on. Admin law folks...fair game for duty in my mind. Wills, POAs, claims, etc can wait 24-72 hrs.
22+ years of experience managing after hours duty programs or pulling after hours duty, the exemptions have to hold up to the light of day and Be specific. Usually the most defendable ones are that you are subject to 24-7 recall, in the field (temporary exemption), or pulling a rotating specialized duty that only your position is capable of (MPs on shifts, EOCs) or MOS can pull (example 56M weekend duty at the chapel, 92G Night Baker, 92F dispensing fuel for unforecasted emergencies or running a 24-7 aviation hot refuel).
Commanders and CSM/1SG normally do not pull rotating duties because they are on duty 24-7 already, although they are empaneled on courts martial for years at a stretch without relief (Ft Carson, looking at you. ASU Green Ramp sucks). By extension the CJA is assumed to be on call like a DA. More to the point, I have worn out a CJA on weekends and late nights. Especially as a Garrison Commander.
I guess relative to 27D, it depends on the Commander's perception of good order and discipline in the formation. If there are specific cases about to got to trial as a CJA I can see a need to have all hands on deck working extended hours to prepare. Or there is a pile up of Article 15s at BDE CJA, I can see a need to have swift and fair justice to maintain discipline. Also, if you punish someone weeks later, it loses effect. I have no idea what TDS people do on a day that ends in Y or even where they are assigned, determining whose eligibility roster they appear on. Admin law folks...fair game for duty in my mind. Wills, POAs, claims, etc can wait 24-72 hrs.
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When I was a company clerk and acting CPL, I never had any fatigue details, nor NCO duties such as CPL of the guard, headcount, etc.
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27Ds should not be assigned an additional duty that would cause the OSJA to be conflicted out on official matters. For instance, supporting a UPL. If a Soldier pops hot, the Paralegal helping with UPL duty can be called as a witness in an adverse action. The OSJA has the lead on that. If the OSJA is preparing the GOMOR, Separation, etc. it is improper that one of the OSJA staff preparing the action is also a witness to the substantive allegations against the troop. It's not that they're too important or too busy to do additional duties. It's because it creates problems in executing official actions for the command. It would be the same if a Paralegal in an OSJA was the victim of a crime for which the OSJA was then responsible for UCMJ against the accused troop. That office would be conflicted out and outside JAs would have to come in for that matter.
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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.
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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.
After that last one, the CSM made it a policy that the only authorized duty exemptions were Leave, Pass, or School.
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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.
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LTC Jason Mackay
Most people end up with duty once or twice a month. CQ can be more than that depending on how the 1SG juggles missions and duty "tax". I pulled Staff Duty monthly as a junior officer unless I was in the field. As a field grade, once a month for the FG Officer of the day. Occasionally I'd pull it as a non Command LTC. Put working ops 24-7 you are usually exempt from duty because the nature of the shift work prevents it and you've got your share of suck.
Usually
Warrants, LT and CPT pull BN staff duty
Warrants, CPT and MAJ pull BDE duty
MAJ/CW3/CW4 and sometimes senior CPTs pull Field Grade Officer of the day. Occasionally LTCs not in command or otherwise ED pull it.
SSG and SFC pull BN and BDE SDNCO
CPL/SGT and sometimes SSG pull CQ
E1-E4 are duty runners for all three
DIV/Installation usually has BMM permanently detailed to G3 to run installation duty as the NCO and runner. The duty officer is a detailed FG Officer of the Day.
Usually
Warrants, LT and CPT pull BN staff duty
Warrants, CPT and MAJ pull BDE duty
MAJ/CW3/CW4 and sometimes senior CPTs pull Field Grade Officer of the day. Occasionally LTCs not in command or otherwise ED pull it.
SSG and SFC pull BN and BDE SDNCO
CPL/SGT and sometimes SSG pull CQ
E1-E4 are duty runners for all three
DIV/Installation usually has BMM permanently detailed to G3 to run installation duty as the NCO and runner. The duty officer is a detailed FG Officer of the Day.
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