National Guard stops you from moving out of state?

[ghettomedic]

What is the name of your state? Michigan

Hello,

I have been offered a job out of country starting within the next 45 days. I am currently in the National Guard and have been told that I must request separation/transfer to the “Inactive National Guard” and have done so.

From what I have gathered so far chances are the paperwork will clear the 1st two levels within the next week or so but will probably be denied at the final approving authority or more probable just not completed within the time frame necessary. It is necessary for me to have this completed to complete my background check with the prospective employer.

My questions deal mainly with what the law would be regarding this? I had assumed this would be considered a move out of state and handled as such. Obviously not I guess. What would be a good course of action for me to take at this point? I know there are the usual routes, contacting your congressman, etc. How much value they hold I don’t know but I am looking for options, any advice?

[TLWE]

Moving out of state and moving out of country are completely different.

For an out of state move, they can reassign you to a different unit...which can take some time; but usually not that big of a deal. Moving out of the country is going to mean you can't meet your drills and NG obligation. If you leave the country without getting a status change and you miss drills, you will be AWOL.

Some people will tell you this is no big deal and they will just flag your SS# and you will be picked up eventually. Some people will tell you that they will come after you like a dog. This is because how they come after you depends on your unit commander; and how aggressive that commander is concerning AWOL personnel. I have seen both scenarios.

Per Section 10145 of 10 USC here are the basic statutory requirements to be placed in the Ready Reserve. These are for IRR and ING.

1. Military personnel released from active duty (other than active duty for training) who have incurred a total military obligation of up to eight years.

2. Reserve officers who have incurred a total military obligation of eight years.

3. Members of the Army and Air National Guard of the United States.

4. Direct enlistees in the Reserves who have incurred a total military obligation of up to eight years, including not less than 12 weeks of initial active duty for training.

5. Members whose total length of active and Reserve service is five years or more who have executed a voluntary agreement to remain in the Ready Reserve subject to requirements prescribed by appropriate regulations.

6. A member of the Retired Reserve entitled to retired pay or a retired enlisted member of the regular components of the Armed Forces, if the Secretary concerned makes a special finding that the member’s services in the Ready Reserve are indispensable. This responsibility may not be delegated to lower authority.


You can find this and more info on RR at: [URL]http://www.military.com/Resources/ResourceFileView?file=Reserve_Ready.htm[/URL]