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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 116715
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a reserve member who was investigated that I m doing

Customer Question

I am a reserve member who was investigated that I m doing fraught by paying member who don't work or render a service. Investigation was held and I was not found guilty in the case. But the outcome of investigation says I must be transfer out of the unit .1. Is that a far dicision or not.
Submitted: 9 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were found not guilty, the command can still decide to move you to another unit based on the "appearance of impropriety," because once such an allegation is made against a member there will be continued suspicion with conduct towards other members as well. So the reason the decision is made to move you is to prevent further allegations against you for the same or similar things (even untrue allegations, because you know how rumors can start).
Customer: replied 9 months ago.
I don't want to be moved to on other unit hence I 've work hard to be where I am with the current unit. Except them protecting me in the policy of SANDF as any where where it stipulate that if such an incident happened u must be transferred even if u want or not. Remember the who made this allegation is the one to be move according to me not me as I be leave I never done anything wrong
Customer: replied 9 months ago.
gave them all the paper work to proof my innocent. The matter here is that the person who want to transfer me is not my commander instead is the SSO . I fail to understand why is he interfering in this issue as he was not even a part of the BOI
Expert:  Law Educator, Esq. replied 9 months ago.

Thank you for your reply.

Unfortunately, in the military it is not about what you want, it is about what they want and they own you I am sorry to say.

You are not guilty and you proved that, which is why they did not court martial you, but they still have the right to move you to remove any appearance of future impropriety and it is not unlawful nor is it something you can officially dispute and the only possible grievance you have is speaking to your commander who can rescind the transfer.

Customer: replied 9 months ago.
my commander is rescinding the mater he don't want me to move as he groom me to be where I am today. My question is how must I respond or defend myself of being transferd as I don't want hence to me it will be like its I did it that why I am ttansfered out to orther members . What is the policy of reserve force saying concerning the transfer of a Reserve member hence he or she can not get any benefit of being transferd and is not own by the army hence I m not a PF member
Customer: replied 9 months ago.
Pls can we carry on on the sms hence my balance on the card does not allow me now pls
Expert:  Law Educator, Esq. replied 9 months ago.

Thank you for your reply. I am here on SMS, that is why I have not accepted the phone request you asked for.

If your commander rescinds the transfer he can stop the transfer. So you do not have to defend yourself. Reserve members are the same as regular members when it comes to transfers so you are at their mercy and you do not have a real say in this matter. Other than your commander stopping the transfer you have no real right in this.

Customer: replied 9 months ago.
What must he do as he went to speak to the SSO several times about this matter telling him that I don't want to be transfered out and he don't want me to be transfered out as and they agrre both of them that if my immediate commander do not want me to be transfered then its fine he is out of this matter . Then he change again he want to see me on tuesday so that we discuss about which unit i am going to my commander still do not want me to leave unit as he be leave that the job I m doing is excellent and its benefit the unit . Must he write a letter requesting that I must not be transfered or what can he do to resolve this matter as i realy do not want to mobe from where i am hence I have a vision and the mission of my duties and responsibilities in my unit . Pls help me as I have to go to my SSO on Monday to solve this issue
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
Your commander has to write a letter to his command requesting that you be allowed to remain in your assignment. Your commander has to make the request up through his chain of command with his reasons why you should remain on your assignment. This is going to be all up to your commander and he has to contact the SSO to make his desires not to have you moved known. That is all he can do, please understand you do not really have any rights here, so all your commander can do is write to the SSO and up the chain of command begging for you remaining.
Customer: replied 9 months ago.
I did get a call but i get a deduction on my account pls stop it
Customer: replied 9 months ago.
Thank u sir I understand but as he want to see me Monday what must I say to him must I go to him without my commander and my commander agree to right a letter following the channel . Must I still attend to him
Customer: replied 9 months ago.
Expert:  Law Educator, Esq. replied 9 months ago.
I did not call you and if anyone who took the call would have actually read what was going on here they should have known not to call you and I am very sorry that happened.
You need to contact your commander and at least have him call the SSO if he cannot get a letter done in time. Yes, you must attend the meeting with SSO, you have no choice in that, remember you are in the military, you have very few rights to do anything but follow orders.

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