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  #1  
Old 09-21-2009, 02:39 PM
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Exclamation

Forced re-class: breach of contract?


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

Hopefully I can include all the relevant details: I am a 68P (xray tech) in a medical unit in Indiana serving in the Army National Guard. I enlisted 09 April 2005, my ETS date is 09 April 2011. I was just notified at drill yesterday that our unit is overstrength with x-ray techs; we have one slot and about 12 of us currently in the unit. My squad leader told us to begin thinking about a new MOS- either we choose or the Army chooses for us. There is no other unit in Indiana that has open slots for x-ray techs or I could just transfer units. Since this is the fault of the Army (not my fault), do I have a breach of contract case that will allow me an "early out"? I have less than two years left in my contract and really REALLY do not want to leave my civilian job (which is a good job) for months to go to AIT. Thank you in advance for your time and input

Last edited by lindseyxray; 09-21-2009 at 02:40 PM. Reason: more information
  #2  
Old 09-21-2009, 11:00 PM
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Join Date: Jun 2005
Location: Back from Iraq
Posts: 604
Your enlistment contract only guaranteed training in the MOS of your choosing, not that you would work in that MOS.

You do have an "Ace in the hole", per se... Most MOS training requires 3+ years retainability in order to secure the school slot, and you are not required to reenlist for involuntary training. You now have a decision... Remain with the ARNG, or leave at the end of your contractual obligation.
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Just some schmuck with a truck... And a high I.Q.

"A young man who does not have what it takes to perform military service is not likely to have what it takes to make a living." - John F. Kennedy

I do not help deserters...

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Originally Posted by IsabellaSoriano View Post
that's like saying robbing a doughnut shop is entrapment.
  #3  
Old 09-22-2009, 12:42 PM
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Join Date: Sep 2009
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I was just wondering if I have the same deal..EAS is 10 NOV 2010, I came in on a slot for 44c, but had my Marine MOS transfered over so I have been an 11B in my reserve unit for about 2 years now. They are trying to reclass me to an MP, though I plan on getting out Nov 2010 and don't really want to go through 4 weeks of training for nothing.

With <1 year left, can they really make me go to reclass? Or do I stick out as being a 11b in a reserve unit too much?

Thanks,
Tom
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