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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34532
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am a Civilian Technician WG-11 Mechanic for the National

Customer Question

I am a Civilian Technician WG-11 Mechanic for the National Guard. There is a title 32 position open that I want to put in for. I have been told from my supervisor that try can deny me from that position. As a Civilian Technician am I under the soldiers sailors Act? Supervisors and me are unsure of the rules of this. I asked to see this in writing and was told it's always been like this. I also asked how is it different for title 32 orders than title 10?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. YOu want to know if the service members civil relief act applies to you??

Customer: replied 1 year ago.
I was told that I could not volunteer for A title 32 temporary position as a helicopter crewchief for the counter drug program. And was told it's because I am a civilian technician for Louisiana national guard and we can be denied to volunteer for orders. Even though we have people from other civilian jobs working for the counter drug program. I have asked around and no one actually knows the real regulations when dealing with national guard technicians. I also asked what would be difference if I volunteered to go on s deployed, response was well that's different.
Expert:  P. Simmons replied 1 year ago.

Thanks
The service members civil relief act only applies to service members on active duty.

As a civilian technician, the service members civil relief act will not apply to your position.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that the SCRA applied to you, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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.

Customer: replied 1 year ago.
I think I was talking about USERRA , sorry It was my fault I got the two confused.
Expert:  P. Simmons replied 1 year ago.

Thanks

I am not sure the USERRA will not help you here. USERRA is federal law.

That law requires an employer "hold open" a civilian job for a member that is ordered to active duty on federal orders (Title 10)

USERRA will not apply to Title 32 orders

Again, I am sorry to have to bear bad news

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.

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