Can the Army violate my contract states that I can't be involuntarily mobilized or deployed for 24 months? Do I have any recourse?

2020-04-11T15:49:35-04:00

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?

Response by SGT Sebastian S. made Apr 11 at 2020 3:58 PM

2020-04-11T15:58:04-04:00

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.

Response by CPT Private RallyPoint Member made Apr 11 at 2020 4:10 PM

2020-04-11T16:10:14-04:00

How would a future mobilization keep you from graduating in 18 days? Are you getting called up for state active duty for corona support, or are you talking about a deployment?

Response by PO1 Leo Scott made Apr 11 at 2020 5:45 PM

2020-04-11T17:45:31-04:00

I can only give you my experience 60 years ago. I entered the NESEP program from sea duty with the written agreement upon leaving I would be sent to shore duty. I was dropped after a year and was sent to duty aboard a ship out of Pearl Harbor. It took me a year and lots of arguments with the chief and others. BuPers called me and admitted they had made a mistake and I was right. Since I had only completed a portion of the time required for a tour, they would transfer me to NAS Barbers Point, Hawaii for 3 years (To be counted as sea duty) the transferred to shore duty in CONUS, if I would agree. I did.

Response by SFC Ralph E Kelley made Apr 11 at 2020 5:57 PM

2020-04-11T17:57:45-04:00

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.

Response by SFC Private RallyPoint Member made Apr 11 at 2020 9:07 PM

2020-04-11T21:07:16-04:00

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

Response by SFC Private RallyPoint Member made Apr 11 at 2020 9:09 PM

2020-04-11T21:09:05-04:00

Response by MAJ Byron Oyler made Apr 11 at 2020 10:43 PM

2020-04-11T22:43:01-04:00

If the NCLEX is done by Pearson in your area, you can schedule it pretty quick after graduation. Go talk to your school and ask them to speed up the paperwork allowing you to test. I had classmates that tested within two weeks of graduation. Took me a month to have the balls.

Response by MSgt Steven Holt, NRP, CCEMT-P made Apr 12 at 2020 9:43 AM

2020-04-12T09:43:18-04:00

The phase "needs of the Army" comes to mind here. That pretty much overrides any contract.

As others have suggested, I would say the contract states you can't be DEPLOYED, not that you can't be MOBILIZED (they are different). I'd recheck the wording and get with your S1 or local JAG for clarifications.

Response by SSgt Christophe Murphy made Apr 13 at 2020 11:17 AM

2020-04-13T11:17:34-04:00

You can fight the fight and win. Just go through admin and also your chain of command. Just understand the deferment was given outside of this circle of people and like most military folks they will push against new things out of reflex.

Response by SSG Private RallyPoint Member made Apr 13 at 2020 1:50 PM

2020-04-13T13:50:04-04:00

I can only say this, we had captain the switched from the Guard to the reserves and had that 24 month deferment and they just let him transfer to another unit, to free up the slot so they could fill it.