Posted on Jan 20, 2018
Without bringing politics into it, what are soldiers contractually obligated to do if they aren't paid during the shut down?
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Posted 7 y ago
Responses: 12
You must support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. Nothing changed.
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SPC David Willis
SSG (Join to see) I guess that's more of where I was coming from. Contractually soldiers may be required to continue to serve, but logistically it would be a massive problem if this drug on for months.
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LCDR (Join to see)
Calm down... most lending entities are well aware of the circumstances. A lot of banks are offering to 'front' the normal amount of the direct deposit to servicemembers until they get their backpay, landlords and apartment complexes are mostly understanding and are waiving 'late fees' if it goes past 1 Feb. (Utility companies are probably less understanding, but the rents/mortgages are pretty flexible.)
I know it can be unnerving, but keep your head on. Have the conversation with the creditors and the banks. Don't do anything crazy like pawning your car or applying for a side hustle job. Worst case, the military has resources (not sure what the Army equivalent of NMCRS is, but I'm sure you have one) that can do low or no interest loans to get you through. Most shutdowns don't last long-- I'm betting on 2 weeks MAX.
I know it can be unnerving, but keep your head on. Have the conversation with the creditors and the banks. Don't do anything crazy like pawning your car or applying for a side hustle job. Worst case, the military has resources (not sure what the Army equivalent of NMCRS is, but I'm sure you have one) that can do low or no interest loans to get you through. Most shutdowns don't last long-- I'm betting on 2 weeks MAX.
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SSG (Join to see)
SPC David Willis - yes without funding we will run out of parts, fuel and other needed supplies in time our job does not change.
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Review Title 10 U.S.C. pay in the military is not required. The U.S. is an all volunteer force. Our benefits, to include your monthly pay, are provided through each years fiscal budget. The budget is signed making it a law with an expiration date. However, there is no long standing law in the U.S.C. or our constitution that requires the federal government to provide monetary funds to its service men and women. Read your contract...
DD Form 4/1
Section 9a(1) [You are] REQUIRED to obey all lawful orders and PERFORM ALL ASSIGNED DUTIES.
Section 9b. "Laws and regulations that govern military personnel MAY CHANGE WITHOUT NOTICE to me. Such changes MAY AFFECT MY STATUS, PAY, ALLOWANCES, benefits, and responsibilities as a member of the Armed Forces REGARDLESS of the provisions of this enlistment/reenlistment document." Not sure what the Officer form/section is but certain it contains similar wording.
Bottom line is you are obligated to serve to the date on your most recent DD 4/1 section 8 or until your Military Service Obligation has been fulfilled, whichever occurs later. REGARDLESS, if you get paid or not.
DD Form 4/1
Section 9a(1) [You are] REQUIRED to obey all lawful orders and PERFORM ALL ASSIGNED DUTIES.
Section 9b. "Laws and regulations that govern military personnel MAY CHANGE WITHOUT NOTICE to me. Such changes MAY AFFECT MY STATUS, PAY, ALLOWANCES, benefits, and responsibilities as a member of the Armed Forces REGARDLESS of the provisions of this enlistment/reenlistment document." Not sure what the Officer form/section is but certain it contains similar wording.
Bottom line is you are obligated to serve to the date on your most recent DD 4/1 section 8 or until your Military Service Obligation has been fulfilled, whichever occurs later. REGARDLESS, if you get paid or not.
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I've lived through 17 of these things. More theater and media hype than it deserves. Things catch up one way or the other. Nothing in your contract says "no pay, no play" so you're obligated to follow the Plan of the Day like any other day. When you hit the ETS time frame, you can choose if you want to continue to live with the realities of life or do something else. I will tell you, job security is much more fickle in the commercial sector, so don't forget to count your blessings. This stuff isn't unusual and comes with the territory. The longest one I recall was about 5 weeks and the banks were allowing deferment of mortgage payments without penalty. They weren't required to, but think about it. Do they really want to pursue a huge pile of foreclosures? The sad part is how the MIL side is being weaponized in the DC Kabuki Theater. Tells you all the politicians care more about themselves and party politics than MILs or anybody/anything by a large margin. Never forget that.
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SPC David Willis
Job security is a fickle thing, but pay check security shouldn't. I've never once wondered if I was going to get my next pay check in the civilian sector. I've never wondered if I was going to be given the tools and support to do my job. Ive never wondered if my private sector life insurance policy will pay out to my family if I were to die. At the moment there are AD troops who are unsure of all three.
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CAPT Kevin B.
I can't remember how many times I've seen civilian sector people not get a paycheck because the company didn't have the funds. Happens a lot in small business because they didn't get paid by the service receiver. They're supposed to be paid, frequently get the money late, etc. If the gap is too great, the company files Chapter 9/11 two minutes after moving what money they have out and leaving a shell company holding the liabilities. There's a difference between insurance and a benefit. Insurance is a contract, benefits exist as a policy with whatever strings attached. Even so, probably the fastest legislative fix will be for families that lose their SM during this period.
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