Can there be a breach of contract with the military?

2015-06-17T20:52:47-04:00

I signed a contract with the navy saying my job was one thing. And about a week ago they made me unwillingly change jobs. I was wondering if I could declared a breach in contact and use that to get a DD form 3068 filed out? Since the navy didn't hold up their end of the contract.

Response by LTC Paul Labrador made Jun 17 at 2015 8:54 PM

2015-06-17T20:54:56-04:00

There is always the fine print that, at the end of the day, you are there for the needs of the Navy.

Response by PO2 Steven Erickson made Jun 17 at 2015 9:43 PM

2015-06-17T21:43:43-04:00

SN Private RallyPoint Member...

I see that you're listed as an ET (Nuke). Did they pull your nuke or change your Rate? When I was signed up (back in '83), they specifically told us that our Nuke Rate was "at the needs of the Navy".

If they pulled your nuke, did they give a reason? I recently heard from a nephew who was told that NNPT was "full" and there were no more billets for nukes for 18 months, so... he's off to an Arleigh Burke... Probably won't make it back to NNPT pipeline. I'm just going on what he said, so...

Response by SPC Private RallyPoint Member made Jun 17 at 2015 9:49 PM

2015-06-17T21:49:13-04:00

I'm not a lawyer, but I've spent enough time running a business to say this much:
First, read your contract. You, personally, line by line. Make sure it says what you think it does, not what you wish it did. I dug up my old enlistment contract, turns out it never guaranteed my job of choice, just training in the job. If things had been different the army could have sent me from the school I wanted after graduation to the school they needed me for.
Second, case law. This is the part you usually need a lawyer for. Case law can modify terms and clauses or interpretation in contracts.
Third, get a lawyer before you try anything. Go to JAG and ask them.
I don't think you have much of a chance, there's a reason no one has heard of a successful case like this, but at the end of the day I'm not a lawyer, just someone who's been bitten by contracts enough to actually read EULA agreements.
Personally, I'd try to steer your next MOS(?)/rate(?) To something you'd be interested in instead of giving up on the service.
Good luck with whatever you choose.

Response by SCPO Lee Pradia made Jun 17 at 2015 10:00 PM

2015-06-17T22:00:30-04:00

There's always an instruction to explain in great detail job descriptions and such. This is going to fall under the needs of the Navy, regardless of NEC and rate, each pay grade has a basic job description as well as rate specific and NEC specific duties. So before you complain to anyone, educate yourself, use the chain of command, and be respectful, ypu may just have to bide your time til a position your want opens and then you can fill it. It's like on the ship, all junior enlisted, usually E4 and below serve on the mess decks, galley, scullery, and laundry for 3 months or so, then they report to their respective divisions. Hope this helps.

Response by PO1 Rick Duff made Jun 17 at 2015 10:11 PM

2015-06-17T22:11:03-04:00

I'm assuming you, for some reason have lost your nuclear eligibility. Without knowing, I can't say. But generally, no. If it's for admin ineligibility, or academics, they have you. Generally speaking the exception would be if you were found to be colorblind, or because of a medical reason.
I speak having gone through spending my first 2 yrs in front of the old man, I wanted out, lost my sub eligibility. I was busted twice for pot, the second time on my first ship. Busted to ETSA, I had an EMO tell me if I did it again he'd throw me in the brig.
I left that ship an ET2, GCmedal, Navy Achievement medal, recommended for a commission!
Pls feel free to contact me
ET1(SW) Rick Duff

Response by PO3 Michael James made Jun 17 at 2015 10:20 PM

2015-06-17T22:20:21-04:00

Sorry, PO3 Larson, I don't know.. I like many other Vietnam Vets signed a contract, however, its obvious that the VA was and still is out to lunch.. and apparently Congress does not care either !!

Response by PO1 George Toft made Jun 17 at 2015 10:21 PM

2015-06-17T22:21:26-04:00

Did you sign the paper? If so, you agreed to the new contract. So says Sea Lawyer George :)

Response by Capt Richard I P. made Jun 17 at 2015 10:23 PM

2015-06-17T22:23:17-04:00

I believe this situation is called "recruiting."

Response by PO1 John Miller made Jun 17 at 2015 10:28 PM

2015-06-17T22:28:07-04:00

Please give us more detail SN Private RallyPoint Member. Did you lose your nuke eligibility, get your rate changed from ET(N) to MM(N) or another nuke source rating, what exactly is the situation here?

Give us more information and we can better answer your question.

Response by Capt Seid Waddell made Jun 17 at 2015 10:35 PM

2015-06-17T22:35:35-04:00

Good luck with that, PO3 Ramona Larson. If you win you will be the first.

Response by LTC John Shaw made Jun 17 at 2015 10:36 PM

2015-06-17T22:36:17-04:00

Seek counsel from the JAG, IG and if you think it could be based on gender EO. First use your chain of command and speak with the recruitment company Commander. If you exercise these options you can contact your house representative or Senator and file a congressional. If in the end you are reassigned then see if you can get a billet/skill that you have an interest and pour yourself into the new job.

Response by TSgt Joshua Copeland made Jun 17 at 2015 11:31 PM

2015-06-17T23:31:13-04:00

SN Private RallyPoint Member, like everyone else, read your contract exactly. Many times it says one of several things.

That you are guaranteed a specialty, and if for some reason the government cannot fulfill that you free to go, or they may offer you a differ one but you are not obligated to accept.

That you are guaranteed a specialty, and if for some reason the you cannot fulfill that you free to go, or they may offer you a differ one that you are obligated to accept.

That you are guaranteed a specialty, and if for some reason the government cannot fulfill that you free to go because they will not offer you a differ one.

There are some other versions out there (and this are just the jest, not verbatim), just to give you an idea of what to look for.

More info is needed. What is in your contract and the reason for the job change. DQ from PRP, flunked school, school full, Security Clearance issue, etc.

Response by SSG Melvin Nulph made Jun 18 at 2015 3:48 AM

2015-06-18T03:48:42-04:00

PO3 R. LARSON, Please do not think I'm trying to be a smart-ass when I ask you this, "Have you ever, really, read the contract that got you in the military?" It is nothing more than a blank check that you gave the government that has your life as payment for them to do with as they see fit, after you ha e been through basic training/ boot camp and the AIT you choose out of the list of mos"s they put in front of you at MEPPS.
Yes there is exceptions, but non are in the members favor, just theirs unless they choose other wise.
Everything is for the good of the country, those put in the position to give orders over you, (the President of the United States, Officers & or Non-Commissioned Officers). It's all in black & white with your signature on it also just like the millions of us before you and even more to come after you.
May not be what you want to hear, but it is the way it is. Another reason its not for everyone.

Response by CDR Michael Goldschmidt made Jun 18 at 2015 6:52 AM

2015-06-18T06:52:25-04:00

That's an excellent question, and there is precedent. I have a friend who signed up with the Army to be a linguist in the 80s, then the Army pulled a switch. She was able to apply for discharge based on this, and was granted one. She later reentered the Army as a doctor, so, obviously there were no hard feelings.

If you'd like, I can check with her, and maybe you can contact her via Facebook to see how she did this. I'm not sure she had to get an attorney.

Response by MCPO Brian Legg made Jun 18 at 2015 9:41 AM

2015-06-18T09:41:47-04:00

PM me if you want to discuss in detail. I have contacts at NNPTC and NPTU. The Enlisted Nuclear Community Manager is also my good friend.

Response by LCDR Rabbah Rona Matlow made Jun 18 at 2015 12:31 PM

2015-06-18T12:31:25-04:00

What job did they promise you, and what job did they give you? I found in the Nuclear Navy that integrity was sometimes a one way street. They did a really bad job of taking care of their people, over all...

Response by CWO2 John Markiewicz made Jun 18 at 2015 1:30 PM

2015-06-18T13:30:08-04:00

There is always a chance, however, everything is based on your enlisted contract - If there were specific guarantees in your contract that were violated you should consult an attorney. Understand, however, that a complete and thorough review of your enlisted contract is necessary to understand all of the exceptions and alternatives included. Whatever you do, do not try to do something yourself, seek help and advice from an attorney.

Response by PO1 Russell Henson made Jun 18 at 2015 2:16 PM

2015-06-18T14:16:55-04:00

If that was true then 95% of the enlisted would've sue the Navy. Better to honor ur contract and just get out when ur EAOS is up

Response by PO1 John East made Jun 18 at 2015 3:10 PM

2015-06-18T15:10:26-04:00

Go see a military lawyer, or atleast understands military law, but in the end you in the Navy now, you can request to see the CO and ask him or her. I had to defy an order once and once I put my request in a lot of things happened real quick, mine was a major safety violation with life's at stake, Good luck just keep you head up and don't give up, the worst thing is to buck the system because you will hate things then.

Response by PO1 Scott Cottrell made Jun 18 at 2015 3:30 PM

2015-06-18T15:30:51-04:00

Need more info, there are many reasons they could change your rate without a breach of contract.

Response by CPO Michael Callegri made Jun 18 at 2015 4:03 PM

2015-06-18T16:03:56-04:00

It would all matter why it was changed. I think what was said below is correct, it's always the needs of the Navy and it's always the fine print. When you reenlist and are guaranteed certain things, that guarantee is not finite. So I doubt if you could file for a breach of contract.

Response by SrA Edward Vong made Jun 18 at 2015 4:23 PM

2015-06-18T16:23:10-04:00

Read your contract, and all of your contracts, there maybe some hidden messages somewhere. But double check. If you know you are in the right you may be able to bring something up. But I know one cannot press charges against the military. That is already a contract one signs when they enter.

Response by SN Private RallyPoint Member made Jun 18 at 2015 6:44 PM

2015-06-18T18:44:19-04:00

They navy is in the right. ....I spent a week talking to the army and then the navy came up and said they would give me nuc. I read it and signed it about a week later. That was in august of last year. I went to get a special physical done about 2 weeks ago. Where the doctor disqualified me because of my scares on my arm. It upset me so bad that I have been wanting to get out ever since. After they disqualified me they made me sign for EN which is engine man. So know I have to go back to school. ......
I just think it is so stupid to disqualify someone because of some scares on their arm......I am just venting now. ...sorry about that. .....

Response by PO1 Glenn Boucher made Jun 19 at 2015 2:38 PM

2015-06-19T14:38:33-04:00

There is always a reason, did you ask? I know its being quite blunt but you have to ask why something is happening and do it in a respectful way.

Response by PO1 Private RallyPoint Member made Jun 21 at 2015 5:48 PM

2015-06-21T17:48:11-04:00

More likely than not, no. The Navy (and military in general) are pretty good at getting your obligated time out of you no matter what. However, you should definitely go to your nearest RLSO and talk to a legal assistance attorney. If you are still in a training status and are unable to get to the actual RLSO spaces, go to jag.navy.mil. You'll at least be able to find a number for the nearest office. Good luck.

Response by SrA Private RallyPoint Member made Jun 27 at 2015 3:18 AM

2015-06-27T03:18:07-04:00

I wouldn't think so. Ultimately you are used where the Navy needs you. If the Navy needs you to mop floors for a month...that's just how it is. I had plenty of co-workers in the AF doing jobs that they we're not intended to do under their career field. I don't know for sure, although I am highly doubtful that you could do that, but I think your best bet for such advice is with JAG.

Response by PO3 Jody Wangen made Jul 2 at 2015 8:49 PM

2015-07-02T20:49:56-04:00

in 1985 when I was in boot camp we had a girl discover toward the end of boot camp this situation. she was giving the choice of changing jobs or getting out. she could not get a job she was interested in. they gave her a good conduct discharge with no benefit eligibility. they gave it to you in writing. if there are no medical reasons for you not getting it you need to talk to legal about your options.