IN A BIND, Need advise....

[cmtishler]

What is the name of your state? Texas

Ok, here is the deal... I was supposed to ETS out of the army on the 18th of June 2005, however my transition office denied my orders and said that I had to make up for a year of lost time from a previous AWOL situation. The thing is, I am now being held in the military without ANY pay. DFAS has cut me out of their systems and so has PSB (Personnell). I have not gotten paid since June 1st of 2005 and have consulted my chain of command about the whole situation and also have consulted with my Brigade Legal Office.. The last word I got was that my S-1 office was setting up an appointment for me to get a 1506 (ETS Adjustment sheet) so that I could go to finance to get my pay straightened out. It has been 2 weeks and STILL NOTHING! The only people tracking that I am still in the ARMY even is my unit. What do I do.. They are trying to FORCE me to work for FREE!! I thought that this was illegal no matter who the employer is? Is it somehow OK for the US ARMY to conduct Slave Labor Operations???? Need some assisstance!!!

[fozzy2]

Look at it this way, that check for backpay will look nice. However, beyond trying to prod the military pay bureaucracy to work faster there is not a lot to do. Failure to get paid is not grounds for refusing duty or going AWOL, etc. so don't do that. If your command isn't handling the situation properly you can complain - and maybe get them in trouble or get helped faster. But you still have to show up for work.

According to the letter of the law, you don't have to be paid at all. Your enlistment contract states that Congress can alter or eliminate your benefits without your consent or even knowledge. In theory, Congress could cut pay to zero in order to save money. You would still have to serve out your obligations.

Of course, Congress knows better than to try that.... ;-)

[badapple40]

Originally Posted by cmtishler

What is the name of your state? Texas

Ok, here is the deal... I was supposed to ETS out of the army on the 18th of June 2005, however my transition office denied my orders and said that I had to make up for a year of lost time from a previous AWOL situation. The thing is, I am now being held in the military without ANY pay. DFAS has cut me out of their systems and so has PSB (Personnell). I have not gotten paid since June 1st of 2005 and have consulted my chain of command about the whole situation and also have consulted with my Brigade Legal Office.. The last word I got was that my S-1 office was setting up an appointment for me to get a 1506 (ETS Adjustment sheet) so that I could go to finance to get my pay straightened out. It has been 2 weeks and STILL NOTHING! The only people tracking that I am still in the ARMY even is my unit. What do I do.. They are trying to FORCE me to work for FREE!! I thought that this was illegal no matter who the employer is? Is it somehow OK for the US ARMY to conduct Slave Labor Operations???? Need some assisstance!!!

1. Were you AWOL for a year?

2. Have you looked into filing complaints with IG over this?

3. I would try to get a copy of your enlistment contract and see what it says, perhaps you can prove a breach -- entitling you to file a habeas action to secure your release.

[cmtishler]

Ok, I have tried everything possible. I have gone to IG and they are going to try to work on it with me but are getting NO cooperation from my chain of command at all. I have 3 copies of my contract however, what should I look for? What should I look at that they may have breached.. I thought that being taken out of the personnell system and not getting paid was a breach all on its own? I checked my AKO (Army Knoledge Online) account today and it says that I am now part of the INACTIVE RESERVES but am being threatened by my unit that if I persue this they will take administrative action... Is this not blackmail and a bribe??? NEED DESPERATE HELP.. I see that all the other posts are getting TONS of responses but only 2 to mine????? PLEASE SOME ADVICE WOULD BE GREATLY APPRECIATED!

[badapple40]

File a habeas action in the U.S. district court where you are stationed. You will need to hire a civilian lawyer to make this happen.

Incidently, did you receive a copy of your DD214 and final pay?

[chap14]

You need that! just like Mr Badapple said.

[cmtishler]

They did not give me a DD214 because transition stopped the clearing process, however, the US ARMY continued and cleared me out of the personnell and Finance systems. I am no longer covered medically or financially by the military because of all of this but yet my unit is trying to force me to work. If I get hurt or even worse by some chance get killed I would not be covered because of this. I never completed the clearing process they just cut me out of the system.

[badapple40]

No DD214 = no discharge. I would pursue this internally, or, if you get really desparate, file a habeas action.

[Davidzill]

Are you married? Dependents?? If I were you, I would open up the yellow pages and call some civilian attorneys first thing in the morning. File your complaints properly through your chain of command, and contact your representative or senator if your command can't solve the problem expeditiously.