Posted on Aug 5, 2021
What can someone do if they need to get out of the military right after they reenlisted?
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So I reenlisted two months ago but some family issues happens and I have to be out of the military. Someone told me to request a Compasionate Reassignment but with the money I make in the army I won't be able to help my family. What are my options?
Posted >1 y ago
Responses: 11
You can request an administrative separation for family hardship. You haven't said what the issues your family has are but it doesn't sound like something a commander would approve. First, it has to be immediate family. Second, it needs to cause undue hardship on you to be in the Army. Third, you would have to demonstrate how you leaving the Army would significantly affect your family's hardship. An example of the kind of hardship that would be approved is a spouse who physically unable to care for their self or their children and the Soldier needs to be available every day. The kind of requests that are not approved would be something like, my dad is drinking and abusing my mom and my brother is going to end up in jail and they are going to lose the house. That's not to say you shouldn't try, having your command support is the biggest factor in whether or not it would be approved
Contrary to what you may hear, there is nothing you can do to get out of your contract. As long as the contract was executed within the law and regulations and is not defective, fraudulent, or unfulfilled, it cannot be revoked. There is no such thing as a rewrite to a valid contract, or a renegotiation. You cannot opt to transfer to a reserve component either.
You can go to IG but they just walk over to the post retention office and ask the Career Counselor there. Same thing for calling a Congressman or going to JAG, which are some other things people will tell you to do.
Contrary to what you may hear, there is nothing you can do to get out of your contract. As long as the contract was executed within the law and regulations and is not defective, fraudulent, or unfulfilled, it cannot be revoked. There is no such thing as a rewrite to a valid contract, or a renegotiation. You cannot opt to transfer to a reserve component either.
You can go to IG but they just walk over to the post retention office and ask the Career Counselor there. Same thing for calling a Congressman or going to JAG, which are some other things people will tell you to do.
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SFC (Join to see)
SSG (Join to see) it's a common mistake. The Air Force Recruiters are notorious for giving AD Soldiers a DD 368 and telling them they can switch right into the Air Force if they just get one signed by their CG.
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SSG (Join to see)
SFC (Join to see) Hopefully no one convinces him to waltz into his closest CGs office and attempt it.
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SFC (Join to see)
SSG (Join to see) I can't tell you how many calls I've gotten from BDE S1s asking if this is legit lol.
The ones I worry about are when their friends, recruiters, or peeps on the interwebz tell them to file a Congressional Complaint or IG Complaint because it hasn't been signed yet. That's always a great conversation, explaining to some Congress Staffer and the CG why this guy isn't qualified to do what they're requesting
The ones I worry about are when their friends, recruiters, or peeps on the interwebz tell them to file a Congressional Complaint or IG Complaint because it hasn't been signed yet. That's always a great conversation, explaining to some Congress Staffer and the CG why this guy isn't qualified to do what they're requesting
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SSG (Join to see)
SFC (Join to see) On my end, a few years ago I was trying anything and everything to get back on Active. I did the 368 route not once, but 3 different times. My NG unit said I was close enough to the end of my contract for it to matter, yet when the contract ended my window into Active was closed. I tried to go AFSOC twice but the first time the 368 got signed and the AF just didnt process me in time, the last time I got down to the wire of re-enlist for INDEF and have a for sure retirement, or get out at 16 years and MAYBE get accepted into AFSOC and MAYBE make it through INDOC (which has a 97% recruit failure rate).
So now I am old and my only way back to active is for a war to break out, but what are the odds of THAT happening??
So now I am old and my only way back to active is for a war to break out, but what are the odds of THAT happening??
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Another recommendation from my side is see if you can get your parents enrolled under secondary dependency. Then you will at least be able to provide housing and should be able to collect BAH/Move them in with you and get regular benefits.
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CPT Lawrence Cable
From just the general description from the soldier, that would be my suggestion also. He would pick up BAH with dependent, plus things like TriCare. That is a big one, buying insurance in the civilian world can take a huge bite out of your income.
Civilian pay often sounds great until you realize that all that extra stuff the Army pays for now comes out of your pocket.
Civilian pay often sounds great until you realize that all that extra stuff the Army pays for now comes out of your pocket.
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Ok, first you need to look at what the issues are and what your options are before you go making any sort of rash decisions. Talk with your coc and then talk with your post Chaplain. A lot of things are available to happen that they can make happen that SM's are unaware of. There are also resources that they might know of or agencies that can be reached out to for assistance that you might not be aware of.
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CPT (Join to see)
SSG Brian G. - What would the IG be able to do. The issue is that there really isn't an issue that forces the military to invalidate the contract.
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SSG Brian G.
CPT (Join to see) - A command team is there to accomplish a mission, lead and see to the welfare and morale of the soldiers under their command. We both know there are good and bad commands and that they have things available that they can do and recommend. But not all choose or want to, this is a failure and indicative of bad commands, hence the IG. While there might not be anything wrong with the contract, the IG can look into matters and provide assistance that might otherwise have been overlooked.
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CPT (Join to see)
SSG Brian G. - I have dealt with the IG often. They are there to aid command. The issue with what people think about there is they are not a catch all if you have a problem. If a command is not abiding by a policy then the IG might step in and educate the commander but for this they don't advocate for a personal problem that isn't involved with an issue of an Army system. IGs get a lot of calls that are simple gripes. It usually does more damage then it helps. I have had a Soldier that had IG on speed dial if he didn't get it way. It ended up hurting him when he was told to only contact the IG for an actually issue.
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SSG Bill McCoy
SPC (Join to see) - Understand that too many soldiers, including many NCO's who advise others to see the IG may not really understand the process. The IG's primary purpose is to ensure first that any/all regulations are being followed by unit commanders, and administered fairly IAW Regs. Chaplains can only give counsel, and MIGHT in some situations, consult with a soldier's Commanding Officer. Neither one can circumvent or change/modify Regulations or a legal, binding contract.
Your best bet is to speak with your 1SG for advice and if he/she can't help, ask him to get you into the CO for more advice. Remember, you want them on YOUR side and at the very least, to help you IF they can. (I know you said you spoke with them, but approaching them again isn't a bad thing to do unless they've already looked into your situatioin and told you they can't halp.)
The IG may be a good source of INFO but don't expect them to overrule your Command or Regs. You should explain that you're not seeing them for an IG "Complaint," that you're just looking ofr help and guidence. They MAY have experience with previous issues like yours so they can GUIDE you. If they tell you it's a hopeless endeavor, live with that. At best, you might be able to get deferred from an overseas assignment - in my case, for one year to help you solve a home situation.
Your best bet is to speak with your 1SG for advice and if he/she can't help, ask him to get you into the CO for more advice. Remember, you want them on YOUR side and at the very least, to help you IF they can. (I know you said you spoke with them, but approaching them again isn't a bad thing to do unless they've already looked into your situatioin and told you they can't halp.)
The IG may be a good source of INFO but don't expect them to overrule your Command or Regs. You should explain that you're not seeing them for an IG "Complaint," that you're just looking ofr help and guidence. They MAY have experience with previous issues like yours so they can GUIDE you. If they tell you it's a hopeless endeavor, live with that. At best, you might be able to get deferred from an overseas assignment - in my case, for one year to help you solve a home situation.
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It doesn't work like that. You just can't back out of a contract. All have had issues but we simply just can't get void out our contracts. You are just going to have to finish out your contract. There isn't a means just to get out of the military. The Army views your family as you and your spouse. It seems you are single so your family is not your direct dependent. There isn't a mechanism to separate you due to the conditions based on your family. It may not be what you want to hear but there really isn't much you can do.
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SSG Brian G.
Perhaps not void it out, but has anyone broached the idea that he could look into going from AD to Army Reserve. It would mean a slight re-write of his contract, allow him to serve the years he re-enlisted for and allow that he was home with his family at his civilian job and earning more money which seems to be one issue, or at least the issue mentioned. It also gives the chance for him to be there, see the issues and work them and if he finds them overblown... go about reversing the process.
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CPT (Join to see)
SSG Brian G. - It doesn't work like that either. Regular Army can only reenlist their Soldiers. When you buy a car at a dealership and then regret it the next month you can't go back and change the contract. Countless Soldiers have wanted to get out of the active duty Army for some reason or another. You just have to complete your contract. The best option is to take leave and try to address the issue but that would be the most a unit can do.
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SSG Brian G.
CPT (Join to see) - Actually it does work like that. A SM can request an early separation from Active Duty at any point and upon approval, receive a convenience of the government discharge. This allows them to be released from their service and that they can then go and join the National Guard or Army Reserve. Yes, countless soldiers have wanted to get out of their contracts but they lacked valid reasons other than I don't want to serve. It's not an easy thing to do but it can be done.
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CPT (Join to see)
SSG Brian G. are you talking about a chapter 6? The issue is that the still wouldn't apply. There is a lot more information needed but it doesn't seem like it would be eligible.
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In my time they called it a hardship discharge. which is still an honorable discharge. It has to adversely affect your ability to do your daily tasks and obligations.
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As some have said look into putting said family as your dependent. The thing with Comapasionate reasingment is that it’s only a short term fix. It’s not meant to let you stay at a certain post near your family for your whole career and never PCS or deploy. You would be no use to the Army that way. Your family issue has to be fixed within a certain time frame. Remember you think you will make a lot more outside in your other job, but don’t forget to add stuff like your free healthcare and dental the army gives you and a free roof over your head with utilities. That stuff ads up quick.
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As others have said, CoC and Chaplains are excellent resources. Gather your facts. Be able to clearly and concisely articulate the situation. Have any available supporting documentation on hand. Be able to show how your continued service in the Army, or at least your continued service at your current location is adversely impacted by your inability to go and address the situation with your family.
Yes, there are options available to the CoC to assist you with being able to take care of the situation. Be prepared to accept that the solutions offered to you might not be what you want. That is to say that you might get offered a compassionate reassignment when you want to get out. The other thing that you have to consider is that your family back home is not on the same priority level as dependents you may have. However, one possibility might be to make your family your dependents, if certain criteria can be met. It’s a tough situation to be in. You care about your family and the Army does actually understand that. However, the Army still has a mission to accomplish and you still signed a contract. All of that has to be balanced.
Yes, there are options available to the CoC to assist you with being able to take care of the situation. Be prepared to accept that the solutions offered to you might not be what you want. That is to say that you might get offered a compassionate reassignment when you want to get out. The other thing that you have to consider is that your family back home is not on the same priority level as dependents you may have. However, one possibility might be to make your family your dependents, if certain criteria can be met. It’s a tough situation to be in. You care about your family and the Army does actually understand that. However, the Army still has a mission to accomplish and you still signed a contract. All of that has to be balanced.
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Very unlikely to extremely unlikely. Unless as others have said, your wife is suddenly disabled or something of that nature, the Army isnt going to release you from your contract.
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I understand that you would prefer to simply exit the service but your best bet could be getting assigned to a unit closer to home using compassionate reassignment/humanitarian transfer. Work with your leadership and retention NCO to find some answers. Voiding a contract isn't really a thing that happens
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Get your facts together that show you need to be released from your enlistment or moved to an installation closer to the person who needs your help. Talk with your chain of command. You aren’t the first SM to have this type of issue. There are processes to help you including:
-compassionate reassignment
-transfer to reserve component unit
-release from your service commitment
-compassionate reassignment
-transfer to reserve component unit
-release from your service commitment
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