Posted on Aug 5, 2021
What can someone do if they need to get out of the military right after they reenlisted?
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So I reenlisted two months ago but some family issues happens and I have to be out of the military. Someone told me to request a Compasionate Reassignment but with the money I make in the army I won't be able to help my family. What are my options?
Family
Re-enlistment
Career Advice
Career Counselor
Posted >1 y ago
Responses: 12
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You can request an administrative separation for family hardship. You haven't said what the issues your family has are but it doesn't sound like something a commander would approve. First, it has to be immediate family. Second, it needs to cause undue hardship on you to be in the Army. Third, you would have to demonstrate how you leaving the Army would significantly affect your family's hardship. An example of the kind of hardship that would be approved is a spouse who physically unable to care for their self or their children and the Soldier needs to be available every day. The kind of requests that are not approved would be something like, my dad is drinking and abusing my mom and my brother is going to end up in jail and they are going to lose the house. That's not to say you shouldn't try, having your command support is the biggest factor in whether or not it would be approved
Contrary to what you may hear, there is nothing you can do to get out of your contract. As long as the contract was executed within the law and regulations and is not defective, fraudulent, or unfulfilled, it cannot be revoked. There is no such thing as a rewrite to a valid contract, or a renegotiation. You cannot opt to transfer to a reserve component either.
You can go to IG but they just walk over to the post retention office and ask the Career Counselor there. Same thing for calling a Congressman or going to JAG, which are some other things people will tell you to do.
Contrary to what you may hear, there is nothing you can do to get out of your contract. As long as the contract was executed within the law and regulations and is not defective, fraudulent, or unfulfilled, it cannot be revoked. There is no such thing as a rewrite to a valid contract, or a renegotiation. You cannot opt to transfer to a reserve component either.
You can go to IG but they just walk over to the post retention office and ask the Career Counselor there. Same thing for calling a Congressman or going to JAG, which are some other things people will tell you to do.
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SFC (Join to see)
SSG (Join to see) it's a common mistake. The Air Force Recruiters are notorious for giving AD Soldiers a DD 368 and telling them they can switch right into the Air Force if they just get one signed by their CG.
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SSG (Join to see)
SFC (Join to see) Hopefully no one convinces him to waltz into his closest CGs office and attempt it.
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SFC (Join to see)
SSG (Join to see) I can't tell you how many calls I've gotten from BDE S1s asking if this is legit lol.
The ones I worry about are when their friends, recruiters, or peeps on the interwebz tell them to file a Congressional Complaint or IG Complaint because it hasn't been signed yet. That's always a great conversation, explaining to some Congress Staffer and the CG why this guy isn't qualified to do what they're requesting
The ones I worry about are when their friends, recruiters, or peeps on the interwebz tell them to file a Congressional Complaint or IG Complaint because it hasn't been signed yet. That's always a great conversation, explaining to some Congress Staffer and the CG why this guy isn't qualified to do what they're requesting
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SSG (Join to see)
SFC (Join to see) On my end, a few years ago I was trying anything and everything to get back on Active. I did the 368 route not once, but 3 different times. My NG unit said I was close enough to the end of my contract for it to matter, yet when the contract ended my window into Active was closed. I tried to go AFSOC twice but the first time the 368 got signed and the AF just didnt process me in time, the last time I got down to the wire of re-enlist for INDEF and have a for sure retirement, or get out at 16 years and MAYBE get accepted into AFSOC and MAYBE make it through INDOC (which has a 97% recruit failure rate).
So now I am old and my only way back to active is for a war to break out, but what are the odds of THAT happening??
So now I am old and my only way back to active is for a war to break out, but what are the odds of THAT happening??
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Another recommendation from my side is see if you can get your parents enrolled under secondary dependency. Then you will at least be able to provide housing and should be able to collect BAH/Move them in with you and get regular benefits.
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CPT Lawrence Cable
From just the general description from the soldier, that would be my suggestion also. He would pick up BAH with dependent, plus things like TriCare. That is a big one, buying insurance in the civilian world can take a huge bite out of your income.
Civilian pay often sounds great until you realize that all that extra stuff the Army pays for now comes out of your pocket.
Civilian pay often sounds great until you realize that all that extra stuff the Army pays for now comes out of your pocket.
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Ok, first you need to look at what the issues are and what your options are before you go making any sort of rash decisions. Talk with your coc and then talk with your post Chaplain. A lot of things are available to happen that they can make happen that SM's are unaware of. There are also resources that they might know of or agencies that can be reached out to for assistance that you might not be aware of.
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CPT (Join to see)
SSG Brian G. - What would the IG be able to do. The issue is that there really isn't an issue that forces the military to invalidate the contract.
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SSG Brian G.
CPT (Join to see) - A command team is there to accomplish a mission, lead and see to the welfare and morale of the soldiers under their command. We both know there are good and bad commands and that they have things available that they can do and recommend. But not all choose or want to, this is a failure and indicative of bad commands, hence the IG. While there might not be anything wrong with the contract, the IG can look into matters and provide assistance that might otherwise have been overlooked.
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CPT (Join to see)
SSG Brian G. - I have dealt with the IG often. They are there to aid command. The issue with what people think about there is they are not a catch all if you have a problem. If a command is not abiding by a policy then the IG might step in and educate the commander but for this they don't advocate for a personal problem that isn't involved with an issue of an Army system. IGs get a lot of calls that are simple gripes. It usually does more damage then it helps. I have had a Soldier that had IG on speed dial if he didn't get it way. It ended up hurting him when he was told to only contact the IG for an actually issue.
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SSG Bill McCoy
SPC (Join to see) - Understand that too many soldiers, including many NCO's who advise others to see the IG may not really understand the process. The IG's primary purpose is to ensure first that any/all regulations are being followed by unit commanders, and administered fairly IAW Regs. Chaplains can only give counsel, and MIGHT in some situations, consult with a soldier's Commanding Officer. Neither one can circumvent or change/modify Regulations or a legal, binding contract.
Your best bet is to speak with your 1SG for advice and if he/she can't help, ask him to get you into the CO for more advice. Remember, you want them on YOUR side and at the very least, to help you IF they can. (I know you said you spoke with them, but approaching them again isn't a bad thing to do unless they've already looked into your situatioin and told you they can't halp.)
The IG may be a good source of INFO but don't expect them to overrule your Command or Regs. You should explain that you're not seeing them for an IG "Complaint," that you're just looking ofr help and guidence. They MAY have experience with previous issues like yours so they can GUIDE you. If they tell you it's a hopeless endeavor, live with that. At best, you might be able to get deferred from an overseas assignment - in my case, for one year to help you solve a home situation.
Your best bet is to speak with your 1SG for advice and if he/she can't help, ask him to get you into the CO for more advice. Remember, you want them on YOUR side and at the very least, to help you IF they can. (I know you said you spoke with them, but approaching them again isn't a bad thing to do unless they've already looked into your situatioin and told you they can't halp.)
The IG may be a good source of INFO but don't expect them to overrule your Command or Regs. You should explain that you're not seeing them for an IG "Complaint," that you're just looking ofr help and guidence. They MAY have experience with previous issues like yours so they can GUIDE you. If they tell you it's a hopeless endeavor, live with that. At best, you might be able to get deferred from an overseas assignment - in my case, for one year to help you solve a home situation.
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