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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20079
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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M-Day soldier in the National Guard, how much leeway does a

Customer Question

For an M-Day soldier in the National Guard, how much leeway does a command have to mandate particular duties be performed outside of drill, without orders, and without pay?
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for your question. If you are asking if the Command can require a soldier to make up a missed drill period, then yes they can let them do that outside the normal drill weekend. If the soldier doesn't, then they obviously don't get the drill points and could, depending on the circumstance be considered AWOL. However, unless you have a specific set of facts you would like to share as to why the Command would consider doing this, I can't think of another instance when a M-Day soldier could be required to perform duty without orders, credit or pay.

You can see the Regulation that relates to this issue by going to the following link: http://www.apd.army.mil/pdffiles/r135_91.pdf

Please feel free to ask for clarification if needed. If none is needed, the if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Customer: replied 1 year ago.
That would be a drill. A make up drill, to be sure, but still a drill. No, I mean entirely outside of drill. For context, I'm an E6 in the Guard. If I were to place a number on it, I'd probably put about 90% of my work happens outside of drill. NCOERs, counselings, training planning, putting together opords, etc... to say nothing of just regular contact with my troops.... all those are done between drills. I'm ok with that. It's the expectation of being promoted and I make it work by doing an hour here and there over the course of the month to make sure it gets done. Where I draw the line though is the latest thing to come down. Our security clearance renewals have come down and is been mandated that we will not do them at drill. We will do them outside of drill and if we don't get them done, we will be burned for it. The problem is that there is a limited window to do them. Our command submits to have the window opened for the investigation and we have 10 days to do the monster of a packet or it closes and is cancelled. I don't physically have the time to do that in that limited time frame. I have 3 jobs and I go to school. I don't have enough hours in a day to sit down and slog through a 30 page security clearance packet in 10 days on sudden notice. I've already had the investigation opened and subsequently expired twice. Of they want me to get this done, I need either drill time or orders so I can get out of my civilian employment long enough to actually make it happen, and neither of those are happening, so I'm afraid they are going to try to make a thing it of this.
Expert:  Marsha411JD replied 1 year ago.

Thank you for your reply. If you are saying that this is your security packet completion, then the Command can make you do it on your own time. However, if you are saying they are asking you to do something for the unit or your troops in regards ***** ***** security clearances on your own time, then you can refuse to do so and that would not be a violation of a lawful order. In other words, you really shouldn't have to be doing Command work on your own time if you are a drilling only ARNG solider.

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