Trying to force me to Change MOS's

[19K for life]

CA.
I am an E-4 in the California Army National Guard. I am a 19K (Tank Crewman). I was just recently notified by my retention NCO that I am currently on a Mobilization list to deploy with a transportation unit to Iraq August of next year as an 88M (truck driver/ driving refueling trucks). I told him that my recruiter told me I was a garunteed 19K and that it states in my contract of my garunteed MOS. I had a witness with me everyday I went to the recruiter and I asked a series of questions such as "They can't force me into another MOS or anything like that?" The answer was no. Being a prior service Marine, I was very skeptical of recruiters lies so I brought a witness with me. I told my retention NCO that in no way, shape or form, did I ever want to be a truck driver for the Army, and that I joined as a tanker because I wanted to and plan on going active duty and finishing up my career as an Armor crewman. I told him I was sure this was breech of contract, but he had no definitive response to that saying..."They aren't looking at MOS's right now." . My chain of command has been notifed I don't want to be retrained as a driver; My Tank commander doesn't want me to go , neither does my Platoon Sergeant. Is there anything I can do, if so what should I do? Contact Inspector General/ JAG/ Congressman or Senator? Please help; time is not on my side, I am supposed to leave soon for training with this unit and attend the 88M course.

[csporluck]

Anything in your military contract prohibiting them from cross training you? Needs of the Military comes first.

[19K for life]

There is nothing in my contract that specifically exempts me from cross- training, but, I didn't sign any type of understanding in my contract that the Army could reassign me into another MOS; I did have a solid verbal understanding from my recruiter that this would not happen, I asked him on multiple occasions with a witness, I did this because I was cross-training to be a Tanker from the Infantry, so I got all of the reassurance I would need before signing the contract. Honestly, How do you force a soldier to change MOS's...force him to attend the MOS school, and expect him to go out of his way to even pass the MOS qualification school. Well its the taxpayers paying for me to go to the school and fail it in the end. We'll see how this works...LOL

[justalayman]

Originally Posted by 19K for life

; I did have a solid verbal understanding from my recruiter

And as the question goes: show it to me!

When I was going in we had this nice guy stand up in front of our whole group and very clearly say: If it does not state something in writing on the contract you sign, you will not be able to claim later that "you were told".

Sounds like this guy wasn't around when you went in.

[19K for life]

Actually there is a military regulation, I don't know its exact details but I was breifly told by a JAG lawyer that if you were TOLD something by a recruiter and what he told you a false or whatever, and it ended up affecting your military career, you could immediately request a discharge on the basis of material misrepresentation, but you need some kind of proof, thats why I brought a witness to the recruiters with me, and hell I will take this to the federal courts if I have to. If this was any kind of regular contract this would obviously be breech of contract; it is the people who join as OPEN CONTRACT that allow the military to assign them their MOS based on needs of the military. I honestly think that this is a unique case that needs to be brought forward into the media spotlight so people have a good idea of what they are getting themselves into, and it would not help the existing recruiting shortfalls allready in place. Being garunteed your MOS and keeping your MOS is one of the small rights servicemen and woman should have honored, we allready are making enough sacrifice with being deployed to Iraq every other year for a year, and getting hit hard with the stoploss. We should not be getting screwed like this because a certain few in Washington DC forgot to plan the war before we went in.

[csporluck]

Military contracts aren't "normal" contracts. The only time there is a prohibition to forcing cross training is when I re-enlisted while in the Air Force. It specificially stated that I could NOT be cross trained, nor work outside of my AFSC (MOS) for more than 90 days. At the time of my re-enlistment it was a critical career field. Unless you have something like that in your contract, the only hope you have is your Chain of Command helping you out. It's not like you have orders to Iraq, yet...

[19K for life]

That is true, I don't have orders yet so I will hope for the best so far. I talked to the platoon sgt. I am supposed to be assigned to with this transportation unit and expressed my extreme unwillingness to be reclassified or cross-trained as a Truck driver in a very respectful, tactfull way. He said he is going to do what he can to let the unit know I will fight it; he thinks I am getting screwed and is basically on my side about getting me out of this whole reclassification thing. When I go active duty in the regular Army I will make sure that my contract in bold underscored print will state that I am not to be crosstrained in anything other than tank crewman...stupid mistake on mypart, but an important lesson learned.

[badapple40]

You need to file a habeas corpus action in federal court, where you live, requesting that the military release you from reserve/active duty on account of their breach of contract.