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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34547
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I'm a service academy grad. After commissioning, I served a little over 5 years in th

Customer Question

I'm a service academy grad. After commissioning, I served a little over 5 years in the active duty army. I then went into the National Guard under an MSO reduction contract, where I owed 17 months to the National Guard. My contract is complete, and I no longer have any further service obligations. I submitted my paperwork to resign both my state and federal commission and leave the National Guard completely, but my chain of command is being resistant. The paperwork has been sitting on my battalion commander's desk for over a month, and after having a conversation with him today, it does not sound like he plans to sign the paperwork anytime soon. Am I still required to attend IDTs and ATs, even though I am no longer under a contract with the National Guard? What can I do to try and speed up my resignation process?
Submitted: 2 years ago.
Category: Military Law
Expert:  P. Simmons replied 2 years ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details. As a commissioned officer your status is significantly different than an enlisted soldier. You serve at the pleasure of the president. It is the service secretary who must approve your resignation. So you can not simply stop attending drills. That said I would expect your commander to forward your request. If he refuses? I would request an audience with the brigade commander. Or consider filing an article 138 UCMJ complaint. It is inappropriate for a commander to "sit" on such requests. Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.