My husband got orders to Germany while he was in Iraq and had to extend in order to bring his family with him because he didnt have enough time left. He had planned on getting out, but got suckered into extending to be with us. So I quit my job, changed my degree and school, sold our house, most of our belonings and our second car to come here. When we get here, no one had any idea that he was coming and the slot for his MOS had just been filled by someone else...so they moved us here and had no where to put him. Now, he has been stuck at brigade headquarters where his MOS is not authorized and has been pulling ridiculus jobs and details for 5 months. A complete waste. Someone told us that he can file for breach of contract after 6 months od being in a unit that is not authorized to have him. I needed to know if anyone knows if this is true and what army regulation states this. Any advice from anyone...my husbands losing his mind and Im really starting to hate the army. Help !
2007-12-27 08:16:48 · 11 answers · asked by wingsfan1979 2 in Politics & Government ➔ Military
Sorry, I should have explained it better, the problem is not with the details he has to pull...its that his MOS is not authorized on the M TOE ( I believe thats what it is called). If they dont move him, he wont do his job or anything close to it for 3 years.
2007-12-27 08:25:40 · update #1
Ok, people are taking this way too far and only taking pieces of my original comment. Neither one of us are trying to back out on our obligations to the military or each other, he'd much rather be in Iraq doing something significant than sweeping parking lots for 3 years. All I am asking is if the military can assign you to a unit that is not authorized to have your MOS....thats it.
2007-12-27 10:35:23 · update #2
No breach of contract exists for that. When it comes to military jobs I think you would see all contracts promise that you will be trained, meaning attend school, for what you signed up for and never says that will be what you do in actual day to day tasks. Normally doesn't matter that much because the military doesn't want to waste money on schooling someone and then put them doing something else but it does happen. No breach of contract exists because he has been through the school and has the MOS. I think he can request a transfer out of the unit after six months in the situation you are in and that might have gotten confused with a breach of contract. Sounds like a SNAFU but have him check with the 1SG or CSM about getting someplace he can use his skills.
2007-12-27 08:30:45 · answer #1 · answered by GunnyC 6 · 1⤊ 0⤋
Military Breach Of Contract
2017-01-18 22:34:22 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Nope, all your husband can do, is call his detailer.
Explain that there is not a slot for his MOS at his current duty location and ask to be assigned somewhere else.
But there is no such thing as a breach of contract in the military.
Even if the military breached your contract, you can't sue them for it.
But generally the military is not going to move you, untill you have been at your current duty location for atleast 18 months, no matter what the reason.
2007-12-27 10:49:59 · answer #3 · answered by jeeper_peeper321 7 · 2⤊ 0⤋
No such thing as breach of contract. He is in the Army and signed a contract to serve the Army and his country. Thousands of people do jobs they didn't go to school for everyday in the military. The Navy augments Soldiers in Iraq and I know it wasn't in our contract to serve off a ship, that's the Army's job. Get over yourselves. He is serving his country. You are lucky to be living with him. The Army is putting food on your table and paying your bills as well as providing you with some of the best benefits known to man. Not every tour of duty is full of rewarding and prosperous work, but there is work to be done none the less. The Army knew where he was going. They gave him orders and did overseas screenings on his entire family. Just because he is not doing his MOS does not mean he is there by mistake. He is a body and he is working. Maybe he just didn't ask enough questions when he got the orders to have known that this was going to be his job. You are a military family, we all sacrifice for the military when need be and this is one of those times. You cannot sue the government because you don't have the same rights as a civilian. Not sure who gave you such bogus advice about this breach of contract stuff because it is so far from being true it isn't even in the same world as us. Sorry to break the bad news to you. You can leave him if you don't like it, but he is doing his job the way the Army is telling him to do his job right now. You signed up for the same job when you married him. Nobody said it was going to be like MASH or JAG, it is real life. There's your help he is filling a general billet instead of working in his MOS, nothing unauthorized about that. There are plenty of military jobs like that. He can go back to Iraq if you want and you can go back home to another house and your college or you can stick it out and leave work at the office an enjoy being together for the time you are in Germany. Try seeing the sights, that may cheer you up. My husband and I are both active duty and know that every command isn't a picnic.
2007-12-27 10:08:34 · answer #4 · answered by Anonymous · 1⤊ 3⤋
Has he spoken to branch or the psb? Almost everyone in the Army has had to work through this type of event unfortunatly. What's his secondary MOS? (everyone has one and they may be looking at this for the MTOW - hubby was assigned to a FA unit because of this even though he's a Bradley mech). What can he do to shine where he's at and how can it HELP his career later? You might be surprised.
If none of these help then he needs to speak to the command, psb and branch. If he truly is in a unit with no slots for him (his primary or secondary mos) they may be able to manuver something -- in the meantime try to enjoy Europe and the fact that he's home.
2007-12-27 16:19:04 · answer #5 · answered by ArmyWifey 4 · 0⤊ 0⤋
Sorry to hear about your problem, but their is nothing he can do. A member of the armed forces has no legal right to bring suit against the government.
I myself had to pull duty stations and in jobs outside of my MOS, I even had to fill a slot that required a O-5 and I was only and E-5, this happens.
About all he can do is put in request for another duty station.
2007-12-27 09:26:21 · answer #6 · answered by Sgt Big Red 7 · 2⤊ 0⤋
There's no contract saying that he would perform his MOS every single day. Therefore, there's not breach of contract. Even if it is true, what your friend suggested doesn't hold water, because his brigade has slots for his MOS.
Almost every soldier has been in your husband's shoes. It's part of being in the Army.
He didn't get suckered into extending. He could have declined his orders. He instead chose to extend.
2007-12-27 08:27:51 · answer #7 · answered by DOOM 7 · 2⤊ 2⤋
That isn't enough to warrant a request to get out. While it is unfortunate that his orders were screwed up/changed..it happens. I had friends who had accompanied orders to Bahrain..did all the work and everything..and the day before they arrived, the policy changed..no families allowed.. they showed up and were on a plane back to the states within 24 hours. No notice, no back up plan, no nothing.
ETA: people do tours outside their MOS all the time.. recruiting, guard duty, you name it. Again, not enough to claim BOC
2007-12-27 08:28:24 · answer #8 · answered by Mrsjvb 7 · 0⤊ 1⤋
no longer a breach of settlement your nevertheless getting paid. in case you p.c. to repair it then provide up drawing the decrease back pay for a jointly as and the gadget will capture up each and every time you draw against what's owed then they are going to take it out untill it catches up. in simple terms an identical with any corporation in case you borrow then you relatively pay and you borrow to hide that then you relatively pay after which you borrow to hide that and you pay flow away it on my own for a pair months and it will capture up.
2016-10-20 02:10:41 · answer #9 · answered by mcclune 4 · 0⤊ 0⤋
What someone told you is untrue. He is a victim of army bureaucratic ineptitude, but he can't sue the army. He needs to try to "work" the personnel system to get his situation resolved.
2007-12-27 08:23:06 · answer #10 · answered by Anonymous · 3⤊ 0⤋