Posted on Apr 11, 2020
Can the Army violate my contract states that I can't be involuntarily mobilized or deployed for 24 months? Do I have any recourse?
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I moved from Active to the Reserves in January 2019 and my contract states that I can't be involuntarily mobilized or deployed for 24 months. That should protect me until 29 January 2021. My unit says were mobilizing and that I'm going too because there are no exemptions. I started an accelerated bachelor of science in nursing program in May 2019 and I have 18 days left until I have my bachelors in nursing. After that I need to take my national exam (NCLEX) and get my license. I can't afford a mobilization and not graduate. I've worked too hard in this accelerated program. Can the Army violate my contract? Do I have any recourse? I already contacted JAG and I'm waiting to hear back. I contacted the MSG who did my contract for the Reserves. What else can I do? Can they mobilize me?
Edited >1 y ago
Posted >1 y ago
Responses: 10
When I wrote the Reserve Transition Contracts and they had 24 months of stabilization, it was defined as 24 months stabilization from being deployed to contingency operations, not 24 months stabilization from being mobilized.
Also, if you review the stabilization memorandum you would have signed with your contract for the Reserves (the NG ones are different and state you can be mobilized for active duty State missions) you will see that it says you may still be mobilized. Your first general officer may waive it
Also, if you review the stabilization memorandum you would have signed with your contract for the Reserves (the NG ones are different and state you can be mobilized for active duty State missions) you will see that it says you may still be mobilized. Your first general officer may waive it
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SSG,
Former barracks lawyer here. Jk
The 24-month deployment deferment can be overridden for extreme circumstances, but it cannot be done by just your company. It can only be revoked by the first General Officer in your Command.
I think that would be a BG (O-7), but I also have some memory from the time I was leaving active duty and had deferment offered to me that it could be a COL (O-6). Can’t remember for a fact.
Former barracks lawyer here. Jk
The 24-month deployment deferment can be overridden for extreme circumstances, but it cannot be done by just your company. It can only be revoked by the first General Officer in your Command.
I think that would be a BG (O-7), but I also have some memory from the time I was leaving active duty and had deferment offered to me that it could be a COL (O-6). Can’t remember for a fact.
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SGM (Join to see)
Pretty sure the OSD has to waive the 24 month exemption for any specific deployment order.
Or the Soldier can sign a voluntary waiver.
Or the Soldier can sign a voluntary waiver.
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Walk (not wait for it to rise to his level) your paperwork up through your chain of command to your first General Officer. He's the one that can give you an approved 30 day deferment. Take all your documents with you including a set of activation orders for his Aide/G1 to reference.
Be prepared to explain in a 5 W's format.
WHO: Your short, short BIO
WHAT: The Course of Study. Main things you have learned and qualified (Radiology/RN/Surgery Nurse, etc).
WHEN: You complete, when you test and when you will be prepared to return to active duty.
WHERE: School Name, Type National Qualifications and Degrees.
WHY: The reason you are speaking with him - to seek a temporary deferment based on what you've already told him.
I doubt you will get totally out of activation BUT it may not be back to your previous unit. You might also ask the General while you are there for Officers Candidate School (Bachelor's) OR a direct commission (if its a Master Degree).
Good Luck.
Be prepared to explain in a 5 W's format.
WHO: Your short, short BIO
WHAT: The Course of Study. Main things you have learned and qualified (Radiology/RN/Surgery Nurse, etc).
WHEN: You complete, when you test and when you will be prepared to return to active duty.
WHERE: School Name, Type National Qualifications and Degrees.
WHY: The reason you are speaking with him - to seek a temporary deferment based on what you've already told him.
I doubt you will get totally out of activation BUT it may not be back to your previous unit. You might also ask the General while you are there for Officers Candidate School (Bachelor's) OR a direct commission (if its a Master Degree).
Good Luck.
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