Breach of Contract??

[bkelly2442]

What is the name of your state? tx
My nephew is currently in the National Guard. He transfered there from the Army Reserves. While in the Army Reserves, he was deployed to Iraq. That was just under 2 years ago. He was recently called in for a potential 2nd deployment to Iraq. He submitted a letter of hardship requesting that he not be sent as he is the sole provider for his family and is self employed. If he is deployed, he will lose his entire business. In addition, during the evaluation for this second Iraq tour, he was told several things. First, that he didn't have to go since it hadn't been 2 years. Second, he was told that he is suffering from PSTD and should not be deployed. Finally, during a visit with an attorney to set up a living will, he was told that the NG was in breach of contract. They were to give him some kind of sign on bonus - apparently written in to the contract. However, he has never received this bonus. He is now being deployed to Afghanistan in 10 days. HELP! Can anything be done?

[redleg17]

None of the promises that "You won't deploy" will probably hold. He COULD however get that bonus. Tell him to act fast, if he threatens "breach of contract" because of the bonus, they will probably pay it immediately. If his chain of command refuses to help get it, IG is generally willing to look into it.

[ElvisG]

Like redleg17 said, he cannot get out of going to Afghanistan because of not being paid his enlistment bonus. The only thing that will become of that is he will be given his enlistment bonus.

He has only two options.

1) He goes to Afghanistan and finishes his contract requirements with the Army.

2) He don't go and becomes a deserter. Because this is America, he can try to fight this in civil court on "breech of contract" but he will lose.

Your situation is unfortunately the negative side of being in the Military. But at least he will get his GIBILL (if he signed up for it) and he is entitled to work as a government worker if he so choices.

[cyberspook]

Originally Posted by ElvisG

Like redleg17 said, he cannot get out of going to Afghanistan because of not being paid his enlistment bonus. The only thing that will become of that is he will be given his enlistment bonus.

He has only two options.

1) He goes to Afghanistan and finishes his contract requirements with the Army.

2) He don't go and becomes a deserter. Because this is America, he can try to fight this in civil court on "breech of contract" but he will lose.

Your situation is unfortunately the negative side of being in the Military. But at least he will get his GIBILL (if he signed up for it) and he is entitled to work as a government worker if he so choices.

If he so choices???

[mlane58]

Originally Posted by ElvisG

and he is entitled to work as a government worker if he so choices.

Since when is anyone entitled to work for the government or anyone else for that matter? Elvis----stay dead will ya.

[SHORTY LONG]

Elvis has left the ... ROTFLMAO

[ElvisG]

Sorry about my choice of the word "entitled."

I should have said, "he/she will be given bonus hiring points over civilians if he/she completes his/her military contract."

Yes, everyone that is prior service can chose if they want the GIBILL or work for the government. This doesn't mean they will get hired on but it is an option.

And Shorty, please come up with something better than the old "Elvis has left the..." at least come up with something original.

[mlane58]

Originally Posted by ElvisG

Yes, everyone that is prior service can chose if they want the GIBILL or work for the government.

There you go again making a statement that isn't true. Thiose that have prior service do not get to choose anything. You have no idea what you are talkingh about. The GI BILL is offered in basic and/or specialized training, it isn't offered after you finish your enlistment and no one gets to choose to work for the government. Geez, just stop replying to threads with stupid answers.

[ElvisG]

mlane58, you sir are what's called a noob.

Just for a moment, you don't know what exactly is a noob, then I'll explain. A Noob is a person that thinks he/she knows it all and answers questions or statements without a thought process.

You DO have a choice if you want the GIBILL during boot camp. During everyone's boot camp you are given an option to CHOSE whether that you elect the GIBILL. I said during his/her service which btw includes the start of your contract date to your EAOS. I never said after his/her EAOS. Please read more slower next time.

If that statement isn't any clear then I'm sorry.

So please mlane58 stop replying and making absorb remarks because you can't read.

[Silverplum]

Originally Posted by ElvisG

mlane58, you sir are what's called a noob.

Just for a moment, you don't know what exactly is a noob, then I'll explain. A Noob is a person that thinks he/she knows it all and answers questions or statements without a thought process.

You DO have a choice if you want the GIBILL during boot camp. During everyone's boot camp you are given an option to CHOSE whether that you elect the GIBILL. I said during his/her service which btw includes the start of your contract date to your EAOS. I never said after his/her EAOS. Please read more slower next time.

If that statement isn't any clear then I'm sorry.

So please mlane58 stop replying and making absorb remarks because you can't read.

Well, you can't spell, Elvis, so you might want to reinforce your glass house.

[ElvisG]

Yeah, sorry about the misspelling. I don't proofread and just write.

But for someone who is a senior member to come and reply about grammar issues, well that's absurd. See, I corrected it. Let's please move on and if the OP returns he might get some help instead of us arguing over reading comprehension and grammar issues.

[mlane58]

Originally Posted by ElvisG

mlane58, you sir are what's called a noob.

Just for a moment, you don't know what exactly is a noob, then I'll explain. A Noob is a person that thinks he/she knows it all and answers questions or statements without a thought process.

You DO have a choice if you want the GIBILL during boot camp. During everyone's boot camp you are given an option to CHOSE whether that you elect the GIBILL. I said during his/her service which btw includes the start of your contract date to your EAOS. I never said after his/her EAOS. Please read more slower next time.

If that statement isn't any clear then I'm sorry.

So please mlane58 stop replying and making absorb remarks because you can't read.

Look you jerk, first off I know exactly what I am talking about as I spent 21 years in the military---did you? and I was in recruiting service for 15 of those 21. You didn't say during his/her service---you said and I quote "Yes, everyone that is prior service can chose if they want the GIBILL or work for the government." that implies the individual is out of the service. Being still in is called active duty So learn to read your own posts and get your facts straight before you start insulting someone who does know what they are talking about.

[ElvisG]

Wow, mlane58, just wow. Sorry, I like to borrow that phase from internet goons.

Sorry, but I'm not a jerk. Actually, I have not said anything that would resemble that I'm a jerk. I called you a Noob because you are acting like one. In fact, I am going to a step further and say I'm sorry for calling you a Noob.

The facts is this. I'm the ONLY one in this thread that offered advice. Everyone else chose to argue or point out my short comings. Shorty didn't but Shorty is who he is. Btw, I will say this about Shorty. Shorty at least has character. He contributes a lot more to these forums than anyone else that I see.

The only advice I can give you mlane58 is that spouting off your statistics for years in service don't mean anything to anyone except you. You are doing nothing but trying to reinforce your statements by saying that your statistics for years in service proves something. The reality is that no one cares about that stuff on a internet forum except you. So saying your statistics to prove a point makes you look foolish. I mean, don't get me wrong, I think you should be proud for the all the years of service because I am.

What you should have said, mlane58, is "Hey, ElvisG, you do realize that you do not have the option to elect the GIBILL after service. This option is only during in-service." See how much easier that is worded?

[mlane58]

Originally Posted by ElvisG

Wow, mlane58, just wow. Sorry, I like to borrow that phase from internet goons.

Sorry, but I'm not a jerk. Actually, I have not said anything that would resemble that I'm a jerk. I called you a Noob because you are acting like one. In fact, I am going to a step further and say I'm sorry for calling you a Noob.

The facts is this. I'm the ONLY one in this thread that offered advice. Everyone else chose to argue or point out my short comings. Shorty didn't but Shorty is who he is. Btw, I will say this about Shorty. Shorty at least has character. He contributes a lot more to these forums than anyone else that I see.

The only advice I can give you mlane58 is that spouting off your statistics for years in service don't mean anything to anyone except you. You are doing nothing but trying to reinforce your statements by saying that your statistics for years in service proves something. The reality is that no one cares about that stuff on a internet forum except you. So saying your statistics to prove a point makes you look foolish. I mean, don't get me wrong, I think you should be proud for the all the years of service because I am.

What you should have said, mlane58, is "Hey, ElvisG, you do realize that you do not have the option to elect the GIBILL after service. This option is only during in-service." See how much easier that is worded?

I let you know because of my 15 years in Recruiting Service, I absolutlely know what I speak of as you don't, I wasn't bragging. Unless you can give someone here proper legal advice, I suggest you refrain from posting as you are the one that looks like a complete fool by giving out very inaccruate information.

[ElvisG]

Out of 4 post in this thread, you have yet to offer advice to the OP. Why do you even post? I think as a Senior member you could have at least given some kind of advice.

Yeah, I will admit I'm condescending (I even spelled it correct) to you. Sorry about that but sometimes you have to interact with people on the internet that are mentally challenge.