Posted on Jun 4, 2015
Drill Attendance while on Title 10 ADOS, do I still have to Drill?
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I am currently in the PA National Guard and on ADOS orders currently. In order for my home unit to let me go on orders they required that I still attend all drills. My unit that I am attached with now is struggling with the National Guard unit to have them release me. Is this legal for the National Guard unit to require me to attend drills even though I am on ADOS and attached to another unit? My job is a 24/7 at war status and I am able to be called in during nights/weekend. I am not paid TDY or reimbursed for my mileage (it is a 340 mile round trip) and I also have to pay for my own hotel. I was unaware that my home unit was unable to “make” me come to drill until I started my orders here. I am in the process of trying to interstate transfer, I am willing to drill it is just the fact of having to drive so far. I also have to get a pass in order to attend these drills which I have heard back will be denied become of my 24/7 presence. Although, the NG still is requiring me to attend drill..
Posted >1 y ago
Responses: 25
Unless you were involuntarily mobilized (I doubt it), then your State is required to provide a release letter from your Adjutant General in order to go on T10 ADOS orders. This release letter must be in place before you can be placed on voluntary T10 ADOS orders. A release letter is just that - an acknowledgement and agreement that the State (Governor and/or TAG, depending on the laws of the State/Territory/District involved) is releasing you from your obligation to the Governor and/or TAG.
Having said that, you need to aware that your State (PA) can involuntarily recall you from your T10 orders to come back to the State. I have seen this just a few times in my 32 years with the National Guard (primarily for unit involuntary mobilizations supporting federal missions). Your orders (you should read them) should state ". . .with the consent of the Governor and Adjutant General of Pennsylvania you are hereby ordered . . ."
There are also some expectations associated with remaining in "contact" with your unit while you are on T10 orders (since they supported your desire for a T10 tour). This can be a slippery slope. I have seen differing opinions from lawyers regarding the legality of paying TDY for the purpose of attending drills with a unit in a "State" status (under Governor control). If you get injured while on the road or at drill, there may be some tough questions for the leadership of the organization you are on T10 orders to support, as well as your PANG unit leadership that allowed you to drill knowing you were not in a State status.
I know MG Joseph (your TAG) very well. Want me to give him a call?
Having said that, you need to aware that your State (PA) can involuntarily recall you from your T10 orders to come back to the State. I have seen this just a few times in my 32 years with the National Guard (primarily for unit involuntary mobilizations supporting federal missions). Your orders (you should read them) should state ". . .with the consent of the Governor and Adjutant General of Pennsylvania you are hereby ordered . . ."
There are also some expectations associated with remaining in "contact" with your unit while you are on T10 orders (since they supported your desire for a T10 tour). This can be a slippery slope. I have seen differing opinions from lawyers regarding the legality of paying TDY for the purpose of attending drills with a unit in a "State" status (under Governor control). If you get injured while on the road or at drill, there may be some tough questions for the leadership of the organization you are on T10 orders to support, as well as your PANG unit leadership that allowed you to drill knowing you were not in a State status.
I know MG Joseph (your TAG) very well. Want me to give him a call?
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LTC Ed Anhalt
I've read the PPOM on this and COL McClellan knows what he's talking about. Unless the PPOM has changed recently, it's up to the first O6 in your T10 chain of command to decide wether you may attend drill, but you're state can recall you if they wish. Best to start the conversation between your state/unit and get it worked out.
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SPC (Join to see)
I have a question, While on ADOS orders like lets say (the border mission) can they make someone take LEAVE to attend drill?
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they can't make you go to drill but that had to approve you going on ADSW, they can also cancel your ADSW orders. If your not doing your job at drill someone else is. Not being there is a hardship on the unit, I would have an open conversation with your Commander.
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SPC (Join to see) I cant speak on the Title 10 aspect of it since I am Title 32 ADOS as a PTAE, but there is an understanding that unless my parent unit and the unit I am working for had different drill dates that my ADOS position takes precedence. I have only been able to drill once with my parent unit this year and there hasn't been any issues to date. I can only hope that your command can cross talk and get it sorted out for you. If they cant make sure you take the advise of CPL Doug Hill and contact your AG/IG for assistance. Good luck to you in sorting this issue out!
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