Urgent: Difference between statutorily and Contractually obligatin

[brdrok]

What is the name of your state?VA

I was looking at AR 135-178 and it made mention of statuorily and contractually obligation. I was wondering what is the difference between those two. Also, having been involuntarily transferred from one reserve unit to another, under which one do I fall under?

thanks...

[badapple40]

We'd need a few more facts.

Statutory obligation arises by operation of law for first 8 years of active duty.

Contractual arises by operation of contract.

Let me give you an example: Lets say that I was comissioned in 1985, I incurred an 8 year statutory obligation until 1993. But in 1987 I signed an agreement whereby the military would pay for 3 years of law school in exchange for my completion of 6 additional years of active duty following school.

So, following law school in 1990, I would have my statutory obligation run until 1993. My contractual obligation, however, would run until 1996, or, if not concurrent with my statutory obligation (depending on the terms of the contract or enabling statute), until 1999.

It becomes critical, because the military cannot release/discharge, except by waiver from the secretary concerned or through court-martial action, statutorily obligated officers, while competent discharge authorities can (and do) release/discharge contractually obligated officers.

As for your transfer to units, I'm not sure what you are getting at. Can you ask a bit more specific information?