Breach of Contract?

[rdmortensen]

What is the name of your state (only U.S. law)? Washington

It has recently been brought to my attention that I may be able to seek seperation from the Army on the grounds of breach of contract.
When I enlisted in the Army I was guaranteed a position as a 98G - Cryptologic Linguist, and while I qualified for the Top Secret Clearance (which I hold to this day)
and maintained a GPA of 3.0 or better as is required by the Defense Language Institute for graduation, I was removed from the course in the last week and sent to Oklahoma to become a 13B - Field Artillery Cannon Crewmember.
I was curious if you thought this was a valid reason to submit a request for a Breach of Contract discharge.What is the name of your state (only U.S. law)?

[ERAUPIKE]

Originally Posted by rdmortensen

What is the name of your state (only U.S. law)? Washington

It has recently been brought to my attention that I may be able to seek seperation from the Army on the grounds of breach of contract.
When I enlisted in the Army I was guaranteed a position as a 98G - Cryptologic Linguist, and while I qualified for the Top Secret Clearance (which I hold to this day)
and maintained a GPA of 3.0 or better as is required by the Defense Language Institute for graduation, I was removed from the course in the last week and sent to Oklahoma to become a 13B - Field Artillery Cannon Crewmember.
I was curious if you thought this was a valid reason to submit a request for a Breach of Contract discharge.What is the name of your state (only U.S. law)?

Why were you removed from the program? Did you have behavior issues?

You do not hold a Top Secret clearance because your job no longer requires you to possess one.

The last time I checked there was not a Breach of Contract category of discharge. It might have changed in the past week.

[fozzy2]

It depends. Why did the military re-assign you? Did you fail some mandatory requirement? Even then, regulations generally require that you make a formal protest of breach-of-contract within 30 days of when you knew or "should have known" that the military would not do as it agreed. In other words, from the day they told you that you weren't going to be a linguist you had 30 days to put in paperwork. (I haven't looked recently but I assume that is still the rule). If you don't meet that 30 day deadline it becomes vastly more difficult to get your discharge, even *if* the military breached. And the odds are that they gave you a reason for your re-assignment that puts the onus on you.