Does re-enlisting for a change of duty station and getting denied due to EFMP constitute a breach of contract?

SSG Private RallyPoint Member — Mon, 04 Dec 2017 14:32:23 -0500

I re-enlisted for a change of duty station, but have been denied my choice of station three times due to EFMP. Can I get out of my contract?

Response by SGM Bill Frazer made Dec 4 at 2017 2:53 PM

SGM Bill Frazer — Mon, 04 Dec 2017 14:53:29 -0500

This is too vague. EFMP? The duty stations you wanted have a shortage or slot for your MOS/grade? Have you talked to the unit retention/re-enlistment NCO at BN/BDE/DIV/Corps? Have you called enlisted branch?

Response by SFC Private RallyPoint Member made Dec 4 at 2017 4:19 PM

SFC Private RallyPoint Member — Mon, 04 Dec 2017 16:19:23 -0500

It's not a breach of contract, they simply can't support sending your family. Technically, you can still go, leave your family behind, and the terms of the contract will have been met.
Luckily HRC isn't all that heartless and you can ask for a renegotiation for a different duty station. You can request to have your contract deleted on the grounds that it's unfulfilled, however it's unlikely to be approved because the contract was negotiated in good faith with accurate information at the time, it can still be fulfilled, and HRC met all their obligations within AR 601-280.

Response by SSG Private RallyPoint Member made Dec 5 at 2017 9:03 PM

SSG Private RallyPoint Member — Tue, 05 Dec 2017 21:03:17 -0500

No, because the receiving unit has to have the resources available to accommodate your family member.

Response by LTC Private RallyPoint Member made Aug 4 at 2019 11:30 PM

LTC Private RallyPoint Member — Sun, 04 Aug 2019 23:30:49 -0400

Did you just re up for Fort Polk?