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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33296
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Im in an over-strength MOS and have served 3 years and a deploym

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I'm in an over-strength MOS and have served 3 years and a deployment. I still currently have over 2 years left on my contract. I have offers from civilian employers for jobs that pay more and have roughly the same benefits that I get from the Army. My question is, is there anyway I can go active to reserve with time remaining on my contract? I really don't want to wait almost 3 more years if I have a good job lined up now. No guarantee it will be there that far down the road. I know I am contractually obligated to finish my time, but can I do that time in the reserves?
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Customer: replied 3 years ago.

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Great!
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

I am very sorry to have to bear bad news.

It is not possible to convert your active duty contract to a reserve contract. Particularly a first term contract

I understand that the MOS is overstaffed...but that will not matter. The Army will make you fulfil your contract obligation.

With our all volunteer service, the Army spent a good deal of money to find and train you...the last thing they want is to let you out before they get a return on their investment. Again, even in your MOS.

That said, if you want out prior to the end of your contract, it will need to come from an administrative separation

There are 2 types of Administrative Separations...Voluntary and Involuntary. You want, if at all possible, voluntary. If you can fit your circumstances into a voluntary separation you will typically rate an honorable separation.
Some examples of reasons for voluntary separation include:
Conscientious objector
Hardship
Pregnancy
Early release to further education

While not voluntary, a "convenience of the government" discharge may also get you where you want to go. As the title says, its for the government's convenience, not yours..but if you can convince the command to support you this is also a way out.

If you can not find a voluntary separation reason that fits your circumstances, I would urge you to finish your term, since if you attempt an involuntary separation, this will typically result in a less than favorable characterization of your discharge, a loss in veterans benefits and difficulty going forward in a job search. Still, if you can not find a voluntary separation that fits, you can look closely at the different involuntary methods, as one or more may apply

Either way it is very important that someone in your command is "on your side" If there is a Staff NCO or better who can speak to the command on your behalf this will help quite a bit. In the end it is the Commanding Officer who will likely make the decision whether or not to discharge you and if so, how. You want someone in the command who can advocate your case.

BotXXXXX XXXXXne: it is not possible to "switch" from active to reserves...you either need to complete your contract, or convince the commander to support your request for an administrative discharge.

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33296
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and 2 other Military Law Specialists are ready to help you
Customer: replied 3 years ago.
I figured as much, just making sure there wasn't something out there that I wasn't aware of. Sucks to suck I guess. Ha! Thank you for your help!

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