When is it appropriate to get Congress involved with a dysfunctional unit? Is the Inspector General appropriate to use instead?

2017-10-25T00:31:00-04:00

Background: My buddy has been trying to go from the Army Reserves to Active Duty for 10 months now. I have been trying to do the same for approximately 4 months, both fresh out of OSUT. My friend has contacted Congress and they have opened an investigation.

Our unit is hindering the process by not only putting off the necessary paperwork, but not doing a single thing to help get us released.

Response by LTC Private RallyPoint Member made Oct 25 at 2017 12:35 AM

2017-10-25T00:35:24-04:00

Is RP trying to out do the Comedy Channel? This is better than Duffelblog.

Response by SGT Private RallyPoint Member made Oct 25 at 2017 12:41 AM

2017-10-25T00:41:59-04:00

Sir, I could only write so much in the initial posting, so it may seem idiotic and childish in the description.

Response by MSgt John McGowan made Oct 25 at 2017 7:42 AM

2017-10-25T07:42:09-04:00

PFC. Congress is the very last place to go. The brass soes't like it and you should follow the chain of command always. A Congressman investigating a complain like yours isn't much help. As a 1st SGT I was turned in to Congress once and during the investigation a full COL came and saw me. Our meeting took long enought for me to find a piece of paperwork and give him. However the military will have a ready answer to whatever you write. And they will not forget.

Response by SSG Private RallyPoint Member made Oct 25 at 2017 8:15 AM

2017-10-25T08:15:35-04:00

Technically the commander does not have to release you, but if he gave his blessing and signed off then they should process the paper work. Is this at the company level, because the actual release if I am correct comes from your battalion commander (ltc) . Your company commander signs off making the recommendation, higher up decides if they will release. There should be a former BC who can tell us for sure.

Response by SSgt Ryan Sylvester made Oct 25 at 2017 8:32 AM

2017-10-25T08:32:23-04:00

So, story time. At my first duty station as a young, budding Airman First Class, I decided that I wanted to try for a special duty assignment to get into a different aspect of my career field. A buddy of mine handed me a phone number for an agency that had contacted him recently, and I figured what the heck, I'll give it a shot. They were a little leery of it, because normally, they didn't talk to anyone less than E-4... not just because of the assignment, but also the area's expense. I was good with the latter, but obviously, it was going to be a while before I was E-4. But, my NCOIC talked to their NCOIC, and somehow convinced them that I was the right airman for the job.

My command staff, however, wasn't thrilled about it in the slightest. I was halfway through my tour, but I had every right to go for a reassignment as a first term airman at first assignment. But the package was never going to leave my Flight Commander's office. He didn't want to let me go... not that I could blame him. But I wanted to broaden my career. And this was a good step. So, my NCOIC got back on the phone, contacted their NCOIC, and asked if they could put a requisition into AFPC. Basically, instead of me asking for special duty consideration, they contact Personnel and specifically say, "Hey, we want this guy here," and circumvent the process through my Chain of Command.

And it worked. A few months later, and I was bound for Washington, D.C., with orders in hand for a four year controlled. Which turned into nine years... but that's a different story.

Long story short (too late), there's someone somewhere that can work the process. You just have to find who it is, and what they can do to get you where you want to be. You may need a little luck, and a lot of help to find that person, but if you really want to get there, you should be motivated enough to find them. Best of luck.

Response by SGT David T. made Oct 25 at 2017 8:52 AM

2017-10-25T08:52:14-04:00

Ask yourself this. Do you want Congress to deal with matter affecting the entire nation or one minor personnel matter for a single individual? I would much rather your Congressman be working on something like tax reform as opposed to helping your career out. The right to contact members of Congress is important and serves a function but don't use it for frivolous matters. Just because you have the right to do something does not mean that you should. I am not trying to be harsh, but you need to look at the bigger picture.

Response by 1stSgt Mack Housman made Oct 25 at 2017 9:09 AM

2017-10-25T09:09:33-04:00

Recommend you always use your Chain of Command first. If that doesn't work, use the IG. If you're still not satisfied, write your Congressman. Ensure that you mention that you've spoke with all of the above, as that will be the first thing that is ran to ground. I've seen several Congressional inquires through the years. In most cases, the Congressman's aide will send a letter (with a tight suspense) to your Chain of Command seeking information. The response you receive, in most of the ones I've seen, will be a polished version of what was provided through your command channels...adding the Congressman' signature on the document. Best of luck!

Response by CSM Richard StCyr made Oct 25 at 2017 11:22 AM

2017-10-25T11:22:20-04:00

The Commander doesn't have to release you. If they signed the release recommending approval, then yes they should follow up on the paperwork as a matter of good operating procedure, but the approval authority doesn't have to release you either.
If you haven't spoken to the chain of command up to the approval authority then going to congress won't do you much good especially if the unit is short your MOS because that will be an automatic defendable response "Ain't releasing Jonny 'cause we're short", "we will review administrative processes and make adjustments to prevent long response times to Soldiers in the future".

Response by SFC J Fullerton made Oct 25 at 2017 12:47 PM

2017-10-25T12:47:18-04:00

A Reserve Component is not obligated in any way to grant a conditional release to anyone to go active duty. The fact of the matter is that you and your buddy are under an enlistment contract with the Army Reserve. They have funded the training to make you MOS qualified and fill a vacancy in their unit. You would expect them to honor their end of the contract. They are holding you to yours. Conditional Releases to go active duty are usually considered under extreme cases of hardship. If it is just a case of you regretting your initial decision to go "part-time", then sorry, needs of the Army Reserve and your unit will always come first. Should have thought that through before you enlisted for the Reserves. A Congressional complaint on why you don't want to fulfil the obligations and term of enlistment in your contract isn't going to get you anywhere. Keep trying with your chain of command, don't get me wrong. Just understand that they don't owe it to you to release you to go active duty.

Response by SFC Douglas Duckett made Oct 25 at 2017 3:34 PM

2017-10-25T15:34:28-04:00

WOW!!! You call it a "Dysfunctional Unit" because things are not going as fast as the PFC wishes. Who is "dysfunctional" here?

Go sit in your "safe space", avoid any "triggers" and "heating elements so you do not melt" and check on the progress through your CoC every so often.

Response by MSG Private RallyPoint Member made Oct 25 at 2017 9:17 PM

2017-10-25T21:17:58-04:00

Congressional? Wow. Nothing like Kicking the hornets nest without any protective gear on. It's a Volunteer request for release? If so, even if the Company CO gives the blessing, the BC is not required to follow suit. Now, if you have not used the Open Door Policy, then you should do so. Also, unless you have actual proof that the unit, or even BN, is purposefully hindering your paperwork, then IG is really of no use. As for your friend getting a Congressional opened, your friend is certainly not the brightest bulb on the tree.

Response by 1LT Private RallyPoint Member made Oct 26 at 2017 12:22 AM

2017-10-26T00:22:31-04:00

No and No. Unless there matter is absolutely critical, of national importance, and your career is already doomed. Warmest Regards, Sandy :)

Response by 1SG Private RallyPoint Member made Oct 26 at 2017 11:10 AM

2017-10-26T11:10:51-04:00

So there should be some expectations management here.
First, the CoC is under no obligation to release you. In point of fact, you are obligated to the USAR for six years.
Second, if you are approved, it will typically take 60-90 days to get a conditional release approved, and another 30 days or so to discharge you from the USAR if the AC picks you up. Now I have often seen this action get stuck at echelon, as commanders tend to want to meet with the Soldier before making a decision.
Third, DUDE. Just between us, you have been in the Army for 4 months. Most of that spent in OSUT. I don't know what you truly expect, but you barely know anything about the Army, and your unit likely knows less about you since you've been gone most of the time. I would suggest that you take the time to consider the options in front of you, talk to your Chain-of-Command, and if there is a consensus that this is a good move for you and best serves the needs of the Army, you will find the process will go pretty smoothly.

Out of curiousity, why did you join the Reserve in the first place, if you are considering going AC so early? Most who join the USAR put of the gate do so in order to facilitate an education. What changed?

Response by Lt Col Jim Coe made Oct 26 at 2017 12:14 PM

2017-10-26T12:14:14-04:00

Let's look at a logical sequence of complaint:
1. Talk with Senior NCOs and Officers in your chain of command. Your First Sergeant or CSM should have an open door policy. Use it. Same is true for the Company and Battalion Commanders. Start with the NCOs. If you don't get a satisfactory response, try to officers.
2. Complain to the IG. The IG works for the Commander. He or she is there to investigate fraud, waste and abuse. They will look at failure to comply with Army regulations. They may refuse to hear your complaint if you haven't tried the chain of command first (see item 1).
3. Complain to your Congress person. The Congress persons get several complaints each year. They can send an inquiry to the Service. It will flow downhill to your unit. When it gets there it will be a big stinky turd on your commander's desk. It will have lots of guidance from higher headquarters and a short suspense for an answer. If your unit has complied with all Army regulations in handling your request and has the paperwork to back that up, then that's their answer. It will be signed off on by every layer of command from your commander to a civilian Deputy Assistant Under Secretary of the Army for Legislative Affairs. The Congress person's staff will send said answer to you. Sometimes the unit will take action to move you out of the unit just so they don't have to put up with any more Congressionals. Perhaps this would be a good ending for you.

Response by SGM Bill Frazer made Apr 7 at 2018 11:02 AM

2018-04-07T11:02:47-04:00

OK- you can use either, but going outside the chain of command is a dangerous thing that can bit you in the 4th POC. You can actually get hammered for it. Did you both make complaints/question the unit's CoC? Did you then go to the unit's next higher CoC? Did you continue to go up the next 2 levels of command? ( company-battalion-brigade/regiment-division) Once you hit the brigade level , then you go to the IG. If the IG doesn't work properly- then and only then you go to Congress. There are a gazillion things that are involved- you are USAR- how many times do you get to see your chain of command, how often are they working, how slammed are they paper wise. Is you MOS urgently needed in the AD/ or in your USAR unit. Finally who are you to decide if the are setting on the paperwork or not helping? Have you asked for updates to see if there is progress? How many levels does it have to go thru just to get to the Brigade/regimental levels.