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03-21-2007, 07:40 PM
| | Member | | Join Date: Dec 2005
Posts: 135
| | | defective enlistment to the IRR
What is the name of your state? AK
Is it legal for the national guard to discharge a 09S through a defective enlistment discharge to the IRR or should I just be completely discharged from the military all together. I go in for my final couseling next friday and they are springing this now after a year and a half in the final stage of the discharge paper work process. I want to wash my hands of this next friday but I will not agree to go into the IRR and even if I were to go into the IRR would I be deployable without having AIT or OCS/OBC not to mention being way out of fitness and medical standards (I was red flagged for type 2 diabeties and had an irregular EKG, the tech did the EKG like 5 times because she thought the machine was broke and a senior NCO had to perform the EKG). |
03-21-2007, 10:32 PM
| | Member | | Join Date: Mar 2005
Posts: 652
| | | I don't think that transfer to the IRR is correct in your case. You ought to be discharged period. The ARNGUS and USAR have a program known as "Mobilization Asset Transfer Program" or MATP, whereby some people being "discharged" are really transferred to the IRR for their remaining military service obligation and are subject to recall for full mobilization.
The reg, AR 135-178 secs. 1-22 to 26, lists 7 specific cases where this can be carried out -but defective enlistment is not listed. (some are ROTC cadet early release, bodyfat, pregnancy, etc.). However, there is a strange line in the reg that seems to imply that there may be other, unlisted, reasons for discharge that can fall under it.
At any rate, however, a "defective enlistment" is normally treated as though there were no enlistment at all. You should have no remaining MSO to serve. In addition, the idea of the program is to keep a pool of recallable people and your medical condition sounds rather contrary. I would ask them if they are absolutely certain that they are taking the correct course, and make sure that 'defective enlistment' is indeed you listed reason for discharge. |
03-21-2007, 11:37 PM
| | Member | | Join Date: Dec 2005
Posts: 135
| | | That was excelent advice, I think that is the best advice I have gotten that is military related in a long time. I down loaded the regs and if you read farther it states that if you do not posses an MOS you are ineligable for IRR. |
03-31-2007, 01:03 PM
| | Member | | Join Date: Dec 2005
Posts: 135
| | | I sent an email to the sgt that was doing the discharge paperwork with a PDF of the section of that regulation that was applicable to me w/highlighted line item and included a link to the entire AR and I was contacted that I did not need to attend the final conseling which means the issues regarding being discharged to the IRR went away. I wish others were as fortunate as myself, there are so many people who get shafted and there has to be a way to stop it. |
05-18-2007, 01:03 AM
| | Member | | Join Date: Dec 2005
Posts: 135
| | | I have still not gotten anything back from the guard in the form of a DD214 and have not gone in to sign anything, if the counseling was cancelled for the discharge to the IRR what is going on, I tried to email back and got no response. Will they mail me something? |
05-18-2007, 06:32 AM
| | Senior Member | | Join Date: Sep 2005 Location: O~HI~O
Posts: 1,986
| | Quote:
Originally Posted by rppearso  I have still not gotten anything back from the guard in the form of a DD214 and have not gone in to sign anything, if the counseling was cancelled for the discharge to the IRR what is going on, I tried to email back and got no response. Will they mail me something? | Maybe or maybe not in them emailing you back. Can you follow-up with a telephone
call to who you wrote your email to? Can you write them by way of certified mail?
__________________ Quote: Ecc 7:1 A good name [is] better than precious ointment; and the day of death than the day of one's birth.
"There are two letter[s] in the word of [Life] that, in part gives direct meaning to it, "IF."" By /SL/ aka., April 23, 2008
Only by cutting through the darkness of ignorance, and prejudice can we achieve true justice; and
to all those who corrupt the search for truth be warned, the "Sword of Justice" cuts both ways! | |
05-19-2007, 06:15 PM
| | Member | | Join Date: Dec 2005
Posts: 135
| | | Is there anyway to check if you have a federal warrant for your arrest so you can clear it up with out being arrested? I dont think I have one or they would not have been so nice to me on the phone and with the emails but im just curious. |
05-19-2007, 07:55 PM
| | Senior Member | | Join Date: Sep 2005 Location: O~HI~O
Posts: 1,986
| | Quote:
Originally Posted by rppearso Is there anyway to check if you have a federal warrant for your arrest so you can clear it up with out being arrested? I dont think I have one or they would not have been so nice to me on the phone and with the emails but im just curious. | If you are asking about a Federal Warrant for AWOL/DESERTER call the
Deserter Hotline at 502-626-3711, 3722, 3724. And you could always try
calling your locale FBI Office. Check your locale telephone information
directory for their number.
__________________ Quote: Ecc 7:1 A good name [is] better than precious ointment; and the day of death than the day of one's birth.
"There are two letter[s] in the word of [Life] that, in part gives direct meaning to it, "IF."" By /SL/ aka., April 23, 2008
Only by cutting through the darkness of ignorance, and prejudice can we achieve true justice; and
to all those who corrupt the search for truth be warned, the "Sword of Justice" cuts both ways! | |
09-10-2007, 08:50 PM
| | Member | | Join Date: Dec 2005
Posts: 135
| | | it turns out I was given an unclassified discharge with no caveats. I have this in an email from the national gaurd, I understand this equates to a ELS (neither honorable or dishonorable). Is the email all the paper work I need, do I need a DD214 later on to prove im out or some other form of documentation? Seems like the process would be more complicated than this, I havent had to go back on base for anything since my last OCS drill, everything has been done via email, is that all there is to it since I have not finished AIT/OCS. | |
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