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  #1  
Old 05-30-2008, 09:27 AM
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Join Date: May 2008
Posts: 2

Breach?


Ok, Here's the situation.

I'm stationed in Ft Stewart, GA. During a recent deployment to Afghanistan I reenlisted for a bonus, and a station of choice (japan) with an original report date of 10 June 08. Due to a clause in the regs, it got pushed back because of a 90 post-deployment stabilization period. So, the new report date was 5 September. This morning I get online and see that it changed AGAIN to the 12th of september....Next YEAR 2009. I'm no genius, but taking nearly 2 YEARS after I sign to station me where it said it was going to sure as crap sounds like a breach of contract to me. I mean it's PAST my original ETS date. I was wondering if anyone knew if there's a time limit on how long they can wait before it becomes a breach.
  #2  
Old 05-30-2008, 10:08 AM
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Join Date: Mar 2005
Posts: 652
If you think there is going to be a breach you need to act now to protect your legal rights. You need to put in paperwork pointing out what your contract says and stating that you think the military is not going to honor it. Within the regulations you will almost certainly find language that says in case of breach you must notify the military "withing 30 days of when you discover or should have discovered" that a breach would occur. Translation: if you wait you will lose all your legal protections.

It's been a while since I've looked at the regs, but I think you need to file a "request for personnel action" form stating your case. Beware your local chain-of-command trying to stall you (i.e. "uhh, we'll look into this and get back to you..."). Your paperwork should be routed to an office in D.C. that will determine whether or not a breach has (or will) happen.
  #3  
Old 05-30-2008, 10:47 AM
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Join Date: May 2008
Posts: 2
Think I'm gonna talk to Legal Asst. on Monday. Calling Branch today. I'm gonna try to see what's going on here. Apparently everyone who's supposed to PCS after this deployment to different places. (i.e. ft wachuka, ft benning, germany) are all now pushed back to '09. So, either the ASK system is glitched out and lost it's mind, or there's a stop movement on the Army right now. (which they've been known to do).
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