Posted on Jun 4, 2015
Drill Attendance while on Title 10 ADOS, do I still have to Drill?
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I am currently in the PA National Guard and on ADOS orders currently. In order for my home unit to let me go on orders they required that I still attend all drills. My unit that I am attached with now is struggling with the National Guard unit to have them release me. Is this legal for the National Guard unit to require me to attend drills even though I am on ADOS and attached to another unit? My job is a 24/7 at war status and I am able to be called in during nights/weekend. I am not paid TDY or reimbursed for my mileage (it is a 340 mile round trip) and I also have to pay for my own hotel. I was unaware that my home unit was unable to “make” me come to drill until I started my orders here. I am in the process of trying to interstate transfer, I am willing to drill it is just the fact of having to drive so far. I also have to get a pass in order to attend these drills which I have heard back will be denied become of my 24/7 presence. Although, the NG still is requiring me to attend drill..
Posted 9 y ago
Responses: 25
Good advice here in regards to contacting your IG. I would also do everything in my power to push that interstate transfer through as soon as possible. I have had them done in less than 2 weeks before. When the IST is complete you will have 90 days before you are required to start attending drill at your new unit. This should give you enough time to figure out if/when you still need to attend drill at all while on Title 10.
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This is my understanding of how it works. Your home unit can have your orders revoked at any time. If you are in PA ARNG be happy you are on ADOS since many people have been dropped from ADOS orders last year due to budgetary constraints. While you are on ADOs you are still counted against the RC rolls until 3 years of ADOS then you will be counted on Active Duty rolls instead of RC rolls. Even though you are on ADOS orders, you are still required to drill because you are a PA ARNG soldier and are responsible to your parent unit. If you didn't drill then you wouldn't be on ADOS orders either. The unit you are doing ADOs for also drills but you do not have to drill with them because they are not your parent unit.
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You should not "have" to drill. Once on "active" duty you are no longer in reserve status, assigned to your reserve unit or report to them until you return to "reserve" status. You are active assigned to them 24/7. If the unit you are currently working active duty for requires you to attend TDY then travel orders with pay would be included. Recommend getting ahold of the Command Sgt for your active duty unit to help you. Even though this is the legal and right thing to do, this will not endear you to your home unit. I've heard lots of stories about how reserve units don't like having people not show up and be deployed or activated, even though that is the reason reserve members exist. Recommend joining ROA and reading the legal briefs they have.
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LTC (Join to see)
Sir, I believe it depends on the type of ADOS....you are not counted against active duty rolls until after3 years, until then you are counted on RC rolls. See this memo: http://www.armyg1.army.mil/MilitaryPersonnel/Hyperlinks/Adobe%20Files/ASAMRA%20Memo%20dtd% [login to see] .pdf
From what she's written here it appears she is on ADOS in her home state and is likely full time national guard and not performing duty for an active duty unit. This is different that being mobilized to active duty for traditional title 10 service. There are a number of subsections to title 10 orders which split national guardsmen from active duty even when they are on title 10 orders. She appears to be in a PA ARNG unit and this is how they typically do ADOS orders but this has always been confusing to me
From what she's written here it appears she is on ADOS in her home state and is likely full time national guard and not performing duty for an active duty unit. This is different that being mobilized to active duty for traditional title 10 service. There are a number of subsections to title 10 orders which split national guardsmen from active duty even when they are on title 10 orders. She appears to be in a PA ARNG unit and this is how they typically do ADOS orders but this has always been confusing to me
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CAPT (Join to see)
Completely disagree. ADOS means you are now active duty 24/7 assigned to whatever unit the orders specify. You cannot collect drill pay while on ADOS or points. Any work or activities you do must be approved by the unit you are assigned to. As posted elsewhere if the person agreed to this to get the orders this is on them.
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SPC (Join to see)
I agree with you sir, I was on ADOS and I was aware that you wouldn't get paid for drill. But in my ADOS orders it stated I would attend all drills and ATs so I assumed that it was the same with everyone's
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Currently I'm on ADOS orders. I've made an agreement with my Commander that I would attend AT, also I had the option to SUTA K my Junes drill (mind you a MUTA 8) , so I said yes but I was asked also if I didn't want to go. So it all depends
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The correct way of handling this would have been prior to you even going on orders, you should have been counseled by someone in your COC. In this counseling, it should have clearly stated what both you and your units responsibilities were in the event that you become ADOS. This would have cleared up any misunderstandings.
I might have missed this before, but are you 100% positive that you are Title 10? Title 10 for an E4 is extremely rare...
I might have missed this before, but are you 100% positive that you are Title 10? Title 10 for an E4 is extremely rare...
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SPC (Join to see)
Yes SSG, I'm positive. I'm the only e4 at my job now! I always get stopped because no one sees E-4s!
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The best advice I could ever give to you is to check the regulations. Both the states and the federals. I don't doubt that the advice you got from here is accurate but I would always CYOA and have the regulations to prove your position.
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I am more familiar with Title 32 ADOS in which your unit CDR signs authorizing you to be on ADOS is kind of the power he/she holds to require you to come to drill or not, because they don't have to sign it the next time you are up for orders if they feel that they need you back in your home unit more. I was ADOS before for almost 3 years and always had to drill with my home unit, some months once with my home unit and another weekend with my ADOS unit. I see a lot of back and forth with ADOS Soldiers being pulled between their full time ADOS and MDay units, but as previously stated by someone else, ADOS is a privilege and not an entitlement; That is the price you pay for the vast benefits ADOS orders supply. As long as you remain on ADOS it will likely be a dance of accommodating both commands. The best way out in my opinion is working towards AGR. Also, we all are in a 24/7 status, that's why it's called "Active Duty" and as long as you belong to a unit, you have obligations to that unit. A better attitude would probably go a long way to help your cause as well. I hope that your IST works out soon and you don't struggle as much with the lodging and mileage requirements.
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Yes, they can still require you to attend drills - it's in your orders. ADOS and AGR positions still require you to drill with your M-Day unit. You won't be paid TDY or be reimbursed by the unit for hotels either, which is the same for M-Day Soldiers.
Now that the bad news is out of the way, there are two options to consider. You can pursue SUTA options with a closer unit. It sounds like your current unit is unwilling to do that, but try taking it up with your ADOS command or perhaps the higher headquarters. Personally, I can't think of a reason that I wouldn't let one of my Soldiers do that.
Two, National Guard duty has special tax laws governing travel beyond a certain mileage. You can claim the per diem rate for food, hotels, and incidentals as well as the standard mileage rate ($.565/mile) any time you travel over 100 miles from home for duty. This is treated as a credit, not an itemized deduction. Source: http://www.irs.gov/taxtopics/tc511.html
Good luck!
Now that the bad news is out of the way, there are two options to consider. You can pursue SUTA options with a closer unit. It sounds like your current unit is unwilling to do that, but try taking it up with your ADOS command or perhaps the higher headquarters. Personally, I can't think of a reason that I wouldn't let one of my Soldiers do that.
Two, National Guard duty has special tax laws governing travel beyond a certain mileage. You can claim the per diem rate for food, hotels, and incidentals as well as the standard mileage rate ($.565/mile) any time you travel over 100 miles from home for duty. This is treated as a credit, not an itemized deduction. Source: http://www.irs.gov/taxtopics/tc511.html
Good luck!
Tax Topics - Topic 511 Business Travel Expenses
Travel expenses are the ordinary and necessary expenses of traveling away from home for your business, profession or job. Generally, employees deduct these expenses by using Form 2106 (PDF), Employee Business Expenses, or Form 2106-EZ (PDF), Unreimbursed Employee Business Expenses, and Form 1040, Schedule A (PDF), Itemized Deductions. You cannot deduct expenses that are lavish or extravagant or that are for personal purposes.
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