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Active Duty NCO wants to return to the National Guard

Resolved Question:

PROBLEM: I am on active duty and would like to get transferred back to the National Guard as soon as possible. 


FACTORS BEARING ON THE PROBLEM: 



  • I will have accumulated 90 days of leave by my ETS

  • The regulation I read says that the commander can allow me to leave 90 days early to join the Guard or Reserve.

  • The National Guard Career Counselor said that I could be released by my active duty unit to immediately transferred back to the Guard, but gave no specifics on how this could be accomplished. 


DISCUSSION: I can get out earlier, but by how much and under what authority is not known. This would also be an immediate reenlistment to the National Guard. Also, the Guard counselor said that I could possibly get out now if the commander allows it, but it would require a release. The counselor said, however, that he could not initiate paperwork and that I had to initiate the paperwork myself. So, I cannot determine under which provision that he might be referring other than if the commander signs the release that they can immediately transfer me to the Guard and PCS me home. 


The PL is difficult to work with, wants to disapprove everything, and overall has the platoon on lockdown all the time. The PL also had the commander change his open door policy in effect making it an offense to see the commander without consulting the PL. We are not allowed to process paperwork, submit paperwork, or even ask a question without his approval. He created some admin pass that is a whole sheet requiring permission from the squad leader to the platoon sergeant before he will sign a "admin pass" to talk to anyone in the orderly room - this includes to even have records reviewed, updated, talk to the training NCO, etc.  


My NCOERs prior to coming here were 1/1 and now they are 2/2. My NCOERs do not reflect what I have done. The CSM only is a rubberstamp for the PL who really should not have his nose in my NCOER, but the section NCOICs are afraid of their own NCOERs so they do as they are told. I was told this by my section sergeant. I was also told, "I am not really sure why he does not like you ..." and he also knows I was supposed to go to OCS but had medical issues that prevented it. I was recorded as a "no-show" but that was inaccurate, I had two broken ribs and was unable to report.  However, all he has locked on to was failed to report. The orders were supposed to be cancelled, and they were not, and it is stuck in my record in clear view that I failed to report as an OCS failure. 


I am also in a fenced unit, in a special job, and cannot leave this unit "except for getting out ..." and that was also from the PL. The PL is also passing out NJP like candy, and already snagged an E5 and an E6s stripes, and he is after two more people from what is out in the grapevine. I was at the reading for the two NCOs and the only person recommending the maximum punishment was the PL. Another two E6s voluntarily retired because of this situation. 


So, my goal is to get back to the Guard, where I am appreciated, and possibly could be taken on in full time manning and avoid getting wrapped in this onslaught of NJP, negative counselings, and once more have 1/1 on my NCOERs and the words promote now back on my paperwork. I would prefer to be an excellent reservist than rated as mediocre by people who cannot see value. My schooling alone took two years to complete. I work hard every day, and I am getting tired, and your advice will be valuable. 


CONCLUSION: The leadership problem is the commanders responsibility and not within my sphere of influence or span of control. The best course of action is to return to the National Guard using the most expedient method possible while maintaining a good workable record free from UCMJ or other negative entries such as bad and baseless NCOERs. 


ACTION RECOMMENDED: Awaiting input from "just answer" attorney to affirm the course of action recommended in the conclusion and the means to execute that action. What paperwork would be required, and under what provisions of which applicable rules, regulations, and any ALARACTs or MILPER messages that they may be aware of to get this accomplished.

Submitted: 1 year ago.
Category: Military Law
Expert:  LawHelpNow replied 1 year ago.

Hello John,

My name isXXXXX a licensed attorney and am very happy to try and answer your question today. I am genuinely sorry for your circumstances and hope things soon look much brighter for you. I would also like to take this opportunity to express my sincere appreciation for your military service on behalf of our nation!

This is actually a rather straightforward matter, I am pleased to say. In terms of authorities, there are numerous provisions one could site. More specifically, authority is found in DoD Instruction 1205.05 along with 32 U.S.C. § 323 and 10 U.S.C. §§ 261, 516, 651, 716, 3013, 5013, 8013, 12104, 12105, 12106, 12107, 12208, 12213, 12214, and 12645. The form is available in a convenient fillable format, which makes for a nice clean and professional looking submission.


Here is the current version of that document: DD Form 368


If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me. I will be sure to check back for any further word from you when I am again working online in this forum.

I truly hope all works out for you and that the information I have provided proves useful. Thanks so much for using this service!

Take care,

Ben, J.D.

LawHelpNow, Attorney/Lawyer
Category: Military Law
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
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