Isn't it a breach of contract by sending the State National Guard over for a third tour in less than 4 years?

Answer 1

they, like the army, put in their own loopholes...

technically it is not allowed to deploy the same company to so many tours...

so basically they bring them back, reassign them to a different company and send them back out....

at least thats what they do in the army

Answer 2

A State National Guard can be assigned for a third tour of duty for less than 4 years because it is a lawful order. It is not a breach of contract because the government can do it since a guard is a public servant.

Answer 3

Probebly Not If Their Doing It. But In Order To Find Out You Would Really Have To Read Every Single Word Of The Contract.

Answer 4

Actualy, I would like to know what national Guard unit has deployed a third time in the last 4 years.

As far as I know, No national guard unit has deployed more than once so far.

The pentagon is now talking about changing the time between deployments for national guard units from once every 5 years to more often.

Answer 5

You would have to expand on the information to get a more accurate answer, but there are a few points to consider:

-A contract with the National Guard is tailored to the relevant position, and different duties within the Guard will require different commitments and hence have different contracts - whether with regards to tours of duty or simple training procedures in their home state.

-Consider their status relation with the National Guard. If they are AGR status (active guard and reserve), it is more likely that they will be sent on a tour of duty that if they are non-AGR. It also depends if they are Title 10 or Title 32.

-Military-based employment contracts contain clauses of "special and extra-ordinary circumstances" where military force is required, which can over-ride many clauses of the contract. This is important in times of war, otherwise our military could be forced to be stationed in the US and not sent to fight because of contractual restrictions, and the military would be forced to train more personnel at short notice, adding expenses to their budget and danger to soldiers and their compatriots if sent abroad with little experience and training.

But it is unlikely that the military would expose itself for a breach of contract suit when sending soldiers on a tour of duty. They have an active legal team that ensures that only soldiers qualified to go on duty will go, as it is that legal team responsible for dotting all i's and crossing the t's in the contract.

Answer 6

It is Needs of the Army, which means that can and will send you as many times as they see fit. It is also all about mission and if the NG unit has some special training that is needed then needs of the army over rules what should be done with deployments. BUT they are now voting on giving more money to soldiers who have not had their year of rest between deployments. So if that gets passed that is another 1000 or so on a paycheck.

Answer 7

that would depend on what the contract said. Also, most of those contracts have a clause that states, essentially, that the NG can change most the terms in the contract if it wants to.

Answer 8

Actually no... but it is a breach of trust. Technically in the very small fine print it is legal but no one expects them to utilize it.

Answer 9

Nope, all the military contracts have flexibility on the governments side. READ BEFORE YOU SIGN