Posted on Oct 6, 2019
When does the military breach their end of the contract?
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At what point does the military breach their end of the contract? I’ve heard of a service member separating on these grounds when the navy quit paying him by a clerical error after a PCS and a deployment. He just waited 6 months of not getting paid and filed for desperation on those grounds. I’m no longer active and am facing a similar situation in the guard.
Legal Services
Finance
PERS: Personnel
Posted >1 y ago
Responses: 2
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It would be helpful if you detailed your own situation instead of someone else's.
I can offer my best guess on the Navy case you heard of: that Sailor most likely sought and was granted a hardship discharge based on his financial situation.
Breach of contract is when the military fails to station and/or train/qualify the Soldier based on the details of the contract. If you have a pay problem that has gone on for more than two months, then you should be talking directly to your AGR and your chain of command weekly until it is resolved.
I can offer my best guess on the Navy case you heard of: that Sailor most likely sought and was granted a hardship discharge based on his financial situation.
Breach of contract is when the military fails to station and/or train/qualify the Soldier based on the details of the contract. If you have a pay problem that has gone on for more than two months, then you should be talking directly to your AGR and your chain of command weekly until it is resolved.
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CSM William Everroad
I wouldn't wait until a couple months have passed, If a Soldier hasn't been paid it should be resolved immediately.
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CPT Lawrence Cable
1SG John Faircloth - It's a damn shame we lose good people because someone is too "busy" to do their damn job. I would have been stomping on top of someone desk if they couldn't fix this for one of my troops. I may have had that drummed into my head by my Senior Master Sergeant Father, just didn't realize it at the time.
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SGM (Join to see)
CSM William Everroad - Generally, if an MDAY/TPU has not received an LES, or only a blank LES, two weeks after drill, it needs to be submitted to the AGR immediately. The most common causes have easy solutions, and most AGRs and USPFOs can resolve it quickly. But if the problem persists past a second drill, then the AGR or USPFO is part of the problem, and the Commander is now part of the solution.
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CSM William Everroad
SGM (Join to see), you are right. I was thinking of it in terms of two months form the date they should have gotten their LES. Pay should be processed immediately upon the completion of duty and it it wasn't, no one really know until post date unless someone audits the TL. At that point, everyone should be working actively to solve the problem.
As i reread your comment, I see a little better that you were referring to the "pay problem" and not simply the absence of initiating a pay action.
As i reread your comment, I see a little better that you were referring to the "pay problem" and not simply the absence of initiating a pay action.
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Any time my troops didn't get paid I got involved. We got it fixed. Sometimes my folks had misunderstood or filled out paperwork incorrectly but whatever, we got an answer and a solution.
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LtCol Robert Quinter
I survived the time when the Disbursing officer was on base and actually had a bunch of cash in a big safe! If there was a mistake, I'd call and see if he was in, grab my youngster by the collar and go get him paid. In some ways, life before computed everything was a lot more simple.
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