What options do I have when being slotted for a PCS while undergoing a Promotion Review Board?

1LT Private RallyPoint Member — Tue, 10 Aug 2021 19:55:07 -0400

Team,

Curious as to what options I have. Currently undergoing a Promotion Review Board (PRB) for promotion to O-3. I wish to get out of the service at this time.

My PRB is due to an incident when I was a 2LT at a previous duty station (currently in a nominative assignment). I was arrested - all charges dropped, record expunged, and have had a top block OER my entire career. The CID report of my incident is a cover page, "nothing found," and the end page. The rebuttal was quite simple.

Currently, branch is pushing to PCS me. However, I am still flagged for my PRB. The flag is nontransferrable. Per branch, they have the requisite approvals to PCS me.

My issue: I notified branch ~6 months ago that I was going to submit my UQR packet as soon as my PRB was concluded. Now, branch wants me to PCS prior to conclusion of my PRB, incurring an ADSO. My UQR packet is complete. BDE actually sent it to HRC, and it was kicked back as I am still flagged.

My branch chief stated that when I submit my UQR, I can include an ETP which will allow me to get out when I originally planned to, and not 1-year from my PCS date. If this is true, I have no issues. Per JAG, "we will look into this."

Why would my incoming command team want an officer on the books who is dead-set on ETSing, and now, due to a PCS, will have to stay in the Army longer? And if this ETP is real, why would my incoming command team want a soon to be O-3 on the books for ~6 months prior to ETS?

As it currently stands, I met with the IG rep and they stated that this is a valid-case (obviously not sharing all the details), as a PCS-move with this mysterious ETP is an undue burden on the taxpayer for a job that is not mission essential (as I would only be in it for ~1 month due to when my board completion date is...) JAG has requested for a copy of the ETP from HRC, as it requires CDR HRC approval, and whatever reasoning used must make some sort of sense...IG suggested I try to solve this at the lowest level, otherwise, to give them a call.

Any advice would be appreciated. My BN CDR has spoken at length with my branch chief (also an O5) and he is not budging regarding deleting or cancelling my PCS orders. He has *not* responded to my email, and rather keeps calling my BN CDR. The information I am getting from my BN CDR is a series of statements that are improbable or untrue. JAG said the use of only phone-calls is suspicious as it prevents any sort of paper-trail. Branch chief is now tracking the IG-shenanigans.

Clearly not a great example of 'people first...' ANY advice would be appreciated. I just want to get out of the Army at this point, whereas branch seems dead set on locking me in for longer.

Response by MAJ Roland McDonald made Aug 10 at 2021 8:19 PM

MAJ Roland McDonald — Tue, 10 Aug 2021 20:19:06 -0400

Take it to the next level call your senator or representative. They will contact the military liaison office shooting a congressional investigation down to the branch managers boss requesting info on this matter. Thus shining a light on them when they never want that light on them. This normally causes commanders to fix the issue quickly.

Response by SFC Private RallyPoint Member made Aug 11 at 2021 4:07 AM

SFC Private RallyPoint Member — Wed, 11 Aug 2021 04:07:31 -0400

Your branch is correct that they can PCS you with a non transferable flag, it just takes a waiver from CG, HRC. You can also receive an ETP for the ADSO, again approved by the CG, HRC. You won't get a copy of this because you aren't eligible to submit it until after your flag is lifted and after you PCS, incurring the ADSO. JAG has zero say, input, or oversight on your ETP. They deal with UCMJ and laws, not HRC movement policies. JAG likes to give counsel on things they have no idea about, just leave JAG out of anything not specifically JAG related. IG will provide better oversight, but it sounds like your branch is making all choices within regulation and movement policy guidance.

Your branch chief has a boss who is a Colonel or a civilian (usually a GS15), that is who your BN CDR should contact. Chances are your branch chief is just following the current movement policies. Your branch chief doesn't know you well enough to want to screw you over, so there is probably a reason why he can't let you stay in place. His boss has more power to make exceptions or just leadership decisions that are in the best interest of the Army. At HRC its all about numbers. People first sounds good, but when you've got a thousand people who have a story why they can't move, eventually you just have to stick to policies or nobody would go anywhere.

The taxpayer footing the bill angle is never an effective argument. The DOD places all the money in a separate pot for PCS well ahead of the FY for expected and planned moves. The money was already allocated to move you two years ago, so branch managers don't care about that