If a soldier reenlisted to reclassify, and there are no slots for the MOS, can the soldier get out of the contract and reenlist again?

2020-12-15T13:34:22-05:00

A soldier reenlisted to re-class to 17E he was told he would head to AIT Jan of 2021, but now he's told the reservation was not submitted. So now my outgoing 1SG told the soldier that when he goes to re-negotiates his contract he's going to have to stay as a 13M because of the in and out calls. Also on the form 4789 his bonus obligation start date is 20211105. Now the retention NCO we had PCS and the new one he's juggling two battalions and won't take over my battalion till Jan 4th. What options does the soldier have now that he reenlisted and there is no slots for the MOS he reenlisted for this year, can the soldier get out of the contract and do another reenlistment?
SFC Private RallyPoint Member ?

Response by MSgt Private RallyPoint Member made Dec 15 at 2020 2:04 PM

2020-12-15T14:04:59-05:00

I would think if it was guaranteed in the contract it would be a breach of contract. And therefore he or she would be given options of voiding the contract or continuing and taking their chances.

Response by MSgt Private RallyPoint Member made Dec 15 at 2020 2:12 PM

2020-12-15T14:12:06-05:00

I experienced something similar in Marine Boot Camp, I agreed to Avionics in my contract. But two weeks out form graduation I was told the field was closed and I had an option. I could void the contract and be discharged or take my chances and continue open contract. I chose the latter.

Response by SFC Private RallyPoint Member made Dec 15 at 2020 6:26 PM

2020-12-15T18:26:37-05:00

You can't reenlist to reclass without a class seat. Whoever told your Soldier that his class seat wasn't submitted was incorrect, that's not how it works. Your Soldier lost the class seat due to COVID changes and its happened to a lot of classes. Your Soldier will simply be renegotiated for another 17E class seat. There are class seats available for 17E they are just hidden from the AIT class seat report we use as Career Counselors. In fact I just had a guy we reenlisted for the MOS last week with a class seat of October 2021. A Soldier doesn't reenlist for a class date, only the training. If the training date changes that does not invalidate the contract, as long as HRC can provide the training the requirement is met. The Soldier can request to renegotiate for something else, but if HRC has the training seat for the original agreed upon MOS the requested change might not be supported.

The obligation start date on the 4789 has nothing to do with his MOS. That's the time his bonus is covering. It the day after his previous ETS to his new ETS. Its how DFAS figures out how much bonus to recoup if someone gets kicked out early.

Your 1SG is not a Career Counselor and not a reliable source of current retention policies. If the incoming BN Career Counselor doesn't have time to process your Soldiers Renegotiation you can go to your Brigade Senior Career Counselor.

When your Soldier does

If the Soldier does get his new class date make sure his TS has been initiated and he has a SIPR token for the course

Response by Cpl Vic Burk made Dec 15 at 2020 6:52 PM

2020-12-15T18:52:26-05:00

I would think he should be able to if his contract said for retraining in the field. I saw a similar incident when I was in. The division career planner took care of everything. The re-enlistee just signed a new contract. It satisfied all concerned. It wasn't really any big deal.