Posted on Jan 15, 2019
Brenna Anonymous
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Law states that military personnel can withdraw from service due to "breach of contract" by the government. If it is in your contract that you go to XYZ school and they do not send you, you are able to discharge because they broke faith. Wouldn't this be the same case? The government signed a contract stating they would pay their military; if the military personnel are going without pay then the government is not holding up their end of the bargain...
Posted in these groups: 38326e5d Military PayImgres LawUnited_states_coast_guard_seal Coast Guard
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PO1 John Johnson
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I'll guarantee that walking out of your unit and stating you are withdrawing from the Service because you haven't been paid will result in you becoming the posterchild for "what not to do" during times of Government shutdown.
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SFC Career Counselor
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There's no breach of contract. The coasties will still get paid, they'll just receive it as back pay all at once.
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Sgt Aaron Kennedy, MS
Sgt Aaron Kennedy, MS
1 mo
I'd argue it is still a breach, but not a breach which terminates the contract. Just because you make a payment to a creditor (USCG are the creditors in this case) late doesn't negate the fact that you (US Government) were in default in the first place. However, there is likely no punitive clauses should this happen (why would there be).

The issue is that by the time someone with standing (someone who did not receive pay) was able to seek redress (sue) in the appropriate court the situation will likely be resolved. Furthermore, the US Government would have to allow it to be sued on this specific grounds.
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SFC Career Counselor
SFC (Join to see)
1 mo
Sgt Aaron Kennedy, MS that's way too technical for me. I deal with writing the contracts, and processing/ canceling /renegotiating contracts that are defective, fraudulent, or unfulfilled. If the contract was written in error it's defective and canceled. Most of the issues like pay are covered in a regulation somewhere that allows the government to get around to fixing their problem at their own pace and these are the Regulations and policies that we are subject to.
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Sgt Aaron Kennedy, MS
Sgt Aaron Kennedy, MS
1 mo
SFC (Join to see) - Contracts are about technicalities is the issue. As you mention, you deal in cancelling & renegotiating contracts that are defective, fraudulent, or unfulfilled. An unfulfilled contract is a type of breach, but it depends on which side of the contract you are on as to what other clauses are triggered (like a law or regulation).

It's hard to say there is no breach, just because someone will eventually get paid. The government has promised pay for service and has it published it as a monthly rate (IAW with public law).

If you were to describe this case removing the terms service-member and government and instead replaced them with employee and employer, it would absolutely be called a "breach of contract."
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LTC Jason Mackay
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No. Same as the Obama era shutdown and we were furloughed. I was on a combat logistics patrol outside the wire. USCG personnel will get paid, even if it is back pay.
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