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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13669
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am being told from my RSC and my new unit I have attached

Customer Question

I am being told from my RSC and my new unit I have attached to, to either come off (REFRAD) my current ADOS orders and report to the unit or complete a declination statement declining my promotion to E-5 and stay on my ADOS tour. I have been in the Army 10 years and the ADOS tour Im on is my method of income and I fulfill my Sergeant duties while on my ADOS orders at my current duty station. In addition I keep all my metrics green as well. The new unit is refusing to grant me a waiver through the Commander per AR 600-8-19, para 1-31. I am literally at my wits end and ready to make an IG complaint. They have allowed two other soldiers from what Im being told to keep their rank and stay on AdOS orders. I was told via email a few days before my effective date of reassignment to them that they were going to send a request up to the RSC to "request that your transfer orders get changed and that you come in once you REFRAD. This shouldn't have any impact on your promotion. For the time being continue to work as you are and stay on your ADOS tour. This will ensure you keep your new rank, and can stay on orders" specifically from the UA. The next day and the days to follow; I’m literally being hounded by phone and email from the RSC and the UA to come off my tour or decline my promotion. What if at all can I do at this point? I want to stay on my tour as not only is it beneficial to me financially but it is better for my military career as well, due to the experience I am getting.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I retired from the Marine Corps...so I know acronyms...but you are using some I am not familiar with..can I suggest we speak on the phone about this?
Customer: replied 1 year ago.
No, unfortunately I can not.
Customer: replied 1 year ago.
IG=Inspector general, UA=Unit administrator, RSC=Regional Support Command
Expert:  P. Simmons replied 1 year ago.
Thanks
I am going to release this to other experts who can work with you. I wish you the best of luck
No need to respond, someone will pick up the question if they can help

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