Gov't breach of contract?

[MRCOUTURE]

What is the name of your state? Massachusetts

My reserve unit is converting to an Anti-Terrorism Unit. In doing so they are forcing all Marines to convert to a Machine Gunner 0331 MOS. I signed up to be a 0352 Tow Gunner three years ago. I was told that a breach of contract may allow an honorable discharge with veterans benefits. There are no TOW 0352 units anywhere in New England besides the one I am currectly with. I dont know where to go from here. I tried searching for the regulation which would dictate what exactly is on the line here.

[DRTDEVL]

There is no breach.

You signed up to be a Marine. You were guaranteed TRAINING as a 0352 TOW Gunner in your contract, and you have been given that training. In return for that training (and any other incentives granted at the time of your enlistment), you agreed to serve for "X" amount of years. Nowhere in your contract does it state you are guaranteed to serve out your enlistment in the MOS you were originally trained in.

The military is currently undergoing a major transformation right now, and you are in a unit caught up in the mix. Be thankful you can keep the same management field (0300 series) without becoming an 0311.

[BelizeBreeze]

Originally Posted by MRCOUTURE

What is the name of your state? Massachusetts

My reserve unit is converting to an Anti-Terrorism Unit. In doing so they are forcing all Marines to convert to a Machine Gunner 0331 MOS. I signed up to be a 0352 Tow Gunner three years ago. I was told that a breach of contract may allow an honorable discharge with veterans benefits. There are no TOW 0352 units anywhere in New England besides the one I am currectly with. I dont know where to go from here. I tried searching for the regulation which would dictate what exactly is on the line here.

And your question would be?

I guess that's why you're only a jarhead. You haven't mastered the art of asking a cogent question.

[fozzy2]

Originally Posted by MRCOUTURE

My reserve unit is converting to an Anti-Terrorism Unit. In doing so they are forcing all Marines to convert to a Machine Gunner 0331 MOS. I signed up to be a 0352 Tow Gunner three years ago. I was told that a breach of contract may allow an honorable discharge with veterans benefits. There are no TOW 0352 units anywhere in New England besides the one I am currectly with. I dont know where to go from here. I tried searching for the regulation which would dictate what exactly is on the line here.

The dreaded forced MOS conversion. There is some good news and some bad news. The good news is that if the USMC is breaching your contract then you can ask to be discharged or even sue for your release from active duty. The bad news is, do you really know what your contract specifies? I'm going to assume that you enlisted under the EOP (Enlistment Option Program). That program guarantees that you will be assigned within an occupational "field." You may have been assigned or trained in an initial MOS, but the USMC did not guarantee you an MOS, only that you would work in the "field." If you find a copy of MCO 1130.53P and look at enclosure six, you will probably see that the list of MOS's for "Infantry Field" includes both machine gunner and TOW operator.

Simply put, if you enlisted under the EOP then the USMC is still honoring your contract by keeping you in the Infantry Field. Now, these programs are constantly changing and there are little blips here and there, so what you need to do is get your service record and get a copy of your "SOU" or "statement of understanding." You need to read it carefully (like you probably didn't before you enlisted) and see precisely what the USMC promised you in writing.

Now, you can go to court and argue that your recruiter lied to you and that you were fraudulently enlisted, etc., but that is going to be a mighty tough sell years after the fact. If the Marine Corps is complying with what is written on the SOU then you are in all likelihood stuck. But if you've been in 3 years, aren't you getting a bit short anyway?

That The Army Usmc And Air Force Do Not Guarantee You Any Job Postion, Just The Training....because If Your Case Was Correct, Than My Bf Could Get A Breach Of Contract....he Enlisted As A Gsm(gas Turbine Systems Mechanic)yet All He Does All Day Is Work On Lcacs, Which Has Absolutely Nothing To Do With His Training.....once You Enlist, You're Done....they Can Send You Anywhere And Retrain You For Everything...like Recruiting Duty....who The F*** Actually Asks For That? So That Would Mean If You're Selected For Recruitment, You Could Get Out, B/c Ur An Soi Grad...they Put You Where They Need You, Not Where You Want To Be....

[badapple40]

I'd be careful not to "sign" anything else. Typically with a MOS reclass, the military tries to get you to sign the dotted line to extend your enlistment. If you want out, watch what you sign.

[fozzy2]

Originally Posted by CapsBaby1017200

That The Army Usmc And Air Force Do Not Guarantee You Any Job Postion, Just The Training....because If Your Case Was Correct, Than My Bf Could Get A Breach Of Contract....he Enlisted As A Gsm(gas Turbine Systems Mechanic)yet All He Does All Day Is Work On Lcacs, Which Has Absolutely Nothing To Do With His Training.....once You Enlist, You're Done....they Can Send You Anywhere And Retrain You For Everything...like Recruiting Duty....who The F*** Actually Asks For That? So That Would Mean If You're Selected For Recruitment, You Could Get Out, B/c Ur An Soi Grad...they Put You Where They Need You, Not Where You Want To Be....

I don't think this is quite correct. Strictly enforced USMC policy, for example, is that if you are guaranteed a "field" (they generally don't guarantee a specific MOS) you will spend at least 2 years of your initial 4 year enlistment assigned to a billet for that field. The other services have similar policies, no doubt to preclude being sued for breach of contract as well as efficiency (why train you for one thing and then send you elsewhere?). Strictly speaking, if you don't spend a "significant time" of your first enlistment working in your guaranteed field then you may well have grounds for a breach of contract suit. No federal judge is going to pick nits over you doing a few months of pickup of garbage or mess cranking or whatever - but the military is usually careful to honor its gaurantees. As is often noted, however, people don't always know exactly what their gaurantee is. Tours like recruiting are very rarely if ever going to be a person's first tour, and re-enlistments usually don't guarantee career fields (though they can).

And aren't LCAC's powered by gas turbine engines?