Does non-select mean termination, legally?

CPT Private RallyPoint Member — Sun, 15 May 2022 23:09:24 -0400

I was a twice non-select for promotion to major. I declined SELCON, so I was separated. Am I required to answer yes when employers ask if I was every "terminated for cause"?

This is more of a technical question.
Most applications have two parts, a questionnaire and required submission of a DD240
DD240 will state: "reason for separation: non-selection. permanent promotion"
questionnaire will state: "have you been terminated from any employment for cause? yes or no"

Yes or no?

Response by SGT Chris Padgett made May 15 at 2022 11:19 PM

SGT Chris Padgett — Sun, 15 May 2022 23:19:06 -0400

Let me explain something to you about civilian employers, they don't give a tinkers damn about anything military.
They'll thank you for your service and that's where it ends. They won't have a clue what SELCON is and wouldn't care or understood if you told them.
This goes for rank as well.

Response by MSgt Steven Holt, NRP, CCEMT-P made May 15 at 2022 11:34 PM

MSgt Steven Holt, NRP, CCEMT-P — Sun, 15 May 2022 23:34:04 -0400

Since I've retired, my observation is that the only thing most civilian employers are interested in is did you receive an Honorable or Dishonorable Discharge. The rest of the details are just minutia that they neither understand nor care about.

Response by CPT Private RallyPoint Member made May 15 at 2022 11:42 PM

CPT Private RallyPoint Member — Sun, 15 May 2022 23:42:28 -0400

The way I look at it is by turning down SELCON you turned down an alternate path to be retained. So in a civilian context your employer was having a reduction of staff, gave you an offer to stay, but you declined to stay.

I would say civilian employers wont care unless the separation was premature to your contractual obligation. That would weight heavily.

Response by SFC Private RallyPoint Member made May 16 at 2022 1:16 AM

SFC Private RallyPoint Member — Mon, 16 May 2022 01:16:29 -0400

No, that's not terminated for cause. Termination for cause would be if you were kicked out for misconduct.

Legally, you're considered a voluntary separation because you were offered to remain in service but declined. If you were not offered selcon that would be an involuntary separation, although still not termination for cause, just unable to remain in service like an enlisted person hitting RCP.

Response by CPT Lawrence Cable made May 16 at 2022 11:54 AM

CPT Lawrence Cable — Mon, 16 May 2022 11:54:49 -0400

Technically, it means that they didn't renew your contract. That would be the closest business relatable situation.
I've never been asked anything more on an application than the type of discharge and if I was one of the protected status from the VA.