(ARNG) Can a bar to continued service be placed on a SM not willing to deploy because they have less than a year on their contract?

2020-06-02T12:59:58-04:00

I referenced AR601-280 para 8-4d which lists Soldiers eligible for initiation of continued service, while the above situation is not listed, it does list denied continued service by his or her immediate commander, does this umbrella any other reasons not listed?

Response by CSM Darieus ZaGara made Jun 2 at 2020 1:11 PM

2020-06-02T13:11:03-04:00

A Soldier can be barred and face CM for refusing a lawful order to deploy. Imagine if a Battalion was to deploy and every Soldier with less than a year refused to deploy, this could reduce a unit by a third or more.

The military honors their commitment and Sokdiers are responsible to meeting their commitment.

Response by 1SG Mitchell Smith made Jun 2 at 2020 1:31 PM

2020-06-02T13:31:14-04:00

To add to the CSM - while in command or any legal action I alway consulted my local JAG office. That's what they are there for....

Response by SSG Private RallyPoint Member made Jun 2 at 2020 1:35 PM

2020-06-02T13:35:09-04:00

My question is if you are going to get out, what does it matter. Second question is how long do you have verse the deployment, most are only 9 months these days.

Response by SFC Private RallyPoint Member made Jun 2 at 2020 1:37 PM

2020-06-02T13:37:04-04:00

If you mean that the Soldier refuses to extend for the deployment, it does reference that. It says Soldiers will not be barred for refusing to extend or reenlist.
If that’s not the case, then yhe Soldier is missing movement and that’s covered under UCMJ.

Response by SFC Michael Hasbun made Jun 2 at 2020 2:15 PM

2020-06-02T14:15:59-04:00

Seems a little redundant, seeing as how all you're accomplishing is preventing them from reenlisting or extending, which is what they don't want to do in the first place. Why not save yourself the paperwork and just let them move on in peace? Transfer them to a non deploying unit and fill the vacancies with people who are deployable.

Response by SFC Ralph E Kelley made Jun 2 at 2020 7:34 PM

2020-06-02T19:34:04-04:00

The way I read it he could be barred for refusing to re-enlist for deployment
and then ordered to deploy because he's a soldier. Real catch-22 but that's it...