can an Officer order an enlisted Nco to re-enlist?

Question

a.) can an officer order you to re-enlist?
b.) im on stop loss going to iraq, i will go to iraq in a stop loss status, but i wont reenlist because my MOS really sucks and has no incentives at all. My main beef is the crapy duty locations ive been in 8 years without a PCS over 2300 mi away from any relative or friend, my wife and I have been showing up to funerals it just isnt worth it anymore, now im leaving again for another 18mths, I wont comment on the strain the active/and reserves are under right now.
Anayways i have heard rumor that a junior officer who i do like and respect is saying that he will order me to re-enlist, i dont know how to tactfully tell him that 1), it wouldnt be necessary as im on stop loss anyways, and number 2 i dont think thats a legitimate order, i think he is thinking bodies in key positions and its a number thing, i am going on deployemnet, thats not the issue, why reup for indefintite, that makes no sense its an 18 mth tour anyways, lol!!

wow thanks for the replies, im a 92A warehouse logistics specialist, this MOS is a relic of the cold war, i have tried to reenlist but my commanders have held on to me, i dont know if its because im a good nco or rather its because im in amish country and no one in their right mind would want to serve where im at lol, no i do respect my commanders including this one, he is under a lot of stress as so we e are, im not getting out of going to iraq, ive been told i will fall off the pay scale but i will have a MOB order to submit, its not about me, its selfless service, i have served since 1989, after this tour in iraq it may be over i cant keep putting my wife and children through this, that is being selfish, im in my late 30s and yes staff NCOs have to sacrafice this isnt my 1st trip to the gulf but it may be my last, im on a hit list, everyday its the same thing why dont you re-up there is a push in the army to make everyone re-enlist and they want counselings done if you say no lol!!!

wow thanks for the replies, im a 92A warehouse logistics specialist, this MOS is a relic of the cold war, i have tried to reclass but my commanders have held on to me, i dont know if its because im a good nco or rather its because im in amish country and no one in their right mind would want to serve where im at lol, no i do respect my commanders including this one, he is under a lot of stress as so we e are, im not getting out of going to iraq, ive been told i will fall off the pay scale but i will have a MOB order to submit, its not about me, its selfless service, i have served since 1989, after this tour in iraq it may be over i cant keep putting my wife and children through this, that is being selfish, im in my late 30s and yes staff NCOs have to sacrafice this isnt my 1st trip to the gulf but it may be my last, im on a hit list, everyday its the same thing why dont you re-up there is a push in the army to make everyone re-enlist and they want counselings done if you say no lol!!

Answer 1

A) no he can't order you to reenlist B) i understand the stop loss question and the answer is yes you are on stop loss and you can't get out of the military without losing your honorable discharge....what I would suggest would be is going up to your junior officer and telling him you do not want to reenelist if he gripes then listen to what he has to say RESPECTFULLY and if he still wants you to reenlist ask him for time to think minimum 36 hours at that point i would go to legal office and talk to someone that is knowledgeable but does not know your situation with your junior officer. good luck with your tour and i wish you the best....signed, airman Matt

Answer 2

No, of course not. Oh, he might think that you are psychologically made up so that if he does issue what sounds like a legal order you will feel compelled to do so. And I guess if he's right about that, then if he has no honor or ethics he might very well issue such an order. But it has no legal force and you neither need obey it nor fear any penalty at all for ignoring it.

I actually had a boot camp company commander (Navy) who insisted that military regulations superceded the Constitution. Ordered me point blank to shut up when I piped up with "That's as wrong as wrong can be." That order was perfectly legal so I shut up. But if any of my fellow recruits believed him, well, there's a reason we value intelligence in this society.

Answer 3

Re-enlistment is a personal choice and no one can force you to do so. Be respectful, but don't sign any re-enlistment papers or get yourself sworn in for another period of time. If this officer puts pressure on you, request to see the Inspector General. The officer may be under some pressure to keep re-enlistments high - but they have no right to insist or force you to do so.

Answer 4

oftentimes, a sparkling officer in simple terms isn't able to command a senior NCO to do something immediately. If the NCO feels that the officer is telling him to do something incredibly stupid, the NCO could have the journey and archives to tactfully take the officer aside and clarify to him the placement. no person would be crushed, and a senior NCO genuinely in simple terms isn't shamed by employing a junior officer.

Answer 5

That would not be a legal order. If he does so, get a Lawyer.

Personally I believe that Stop Loss is a very bad policy. It is indentured servatude, it should be Stopped.

I would consult a Lawyer and have him on retainer Before you deploy. I would also Write Jack Murtha.

I wish you the best of luck and I thank you for your service to our Country.

Answer 6

NO. The Army operates on an all volunteer basis right now, and it is illegal to order somebody to re-enlist. If somebody tries, report them to authorities, either military and civilian depending on where you are.

However, stoploss is a different thing. There are laws that allow that.

Answer 7

Of course, no one can coerce you to re-enlist. As you know, once your ETS date comes up, you are not required by any means to re-enlist. You can, as you well know, be forced to stay past your ETS date, thanks to the wonderful 'stop-loss' program.
I think your officer is toying with you. If this officer continues, remember you can always lodge a copmplaint with the IG's office, but I recommend you go through your chain of command before doing that - the IG WILL get results; I know this first hand!
What's your MOS??

Answer 8

He probably wants you to reenlist because you are not only an asset to your unit, but also to the men you most likely are leading.

No, he can't make you reenlist, but he is probably frustrated because he sees so much potential in you as far as what your service (Army?) needs.

Our profession is not an easy one and I know you understand what the sacrifice is. Only you can decide to reenlist. I wish you well in your decision.

Answer 9

so quit defending your country your little 18 year old neighbour could do your job without dying trying right .fighting for right truth or justice has no time limits a home has a fixed position always there for you because people like you are out there defending truth justice and now i quess its excuse me sir i have had enough going home now bye.

Answer 10

they cannot make you reinlist unless there is a dratf, but if at war they most likley will not release you till you return to base or port
they will not fly you home from deployment in most cases untill tour is done unlees they get a replacement for you, dont hold your breath though