Breach of Contract

[pegwinn]

Here's a stupid question. Does anyone know a link that explains the process to request a discharge based on the governments breach of contract?

If a servicemember is in breach he/she is punished.

It stands to reason that if the government is breaching the contract, that you could void it and walk. Obviously one doesn't simply hand a two week notice in.

Here's the story that got me curious.

 

[Gunny]

Here's a stupid question. Does anyone know a link that explains the process to request a discharge based on the governments breach of contract?

If a servicemember is in breach he/she is punished.

It stands to reason that if the government is breaching the contract, that you could void it and walk. Obviously one doesn't simply hand a two week notice in.

Here's the story that got me curious.

I don't recall the reg, but a servicemember can indeed walk if the government does not fulfill their contractual obligations. The wording is to the effect that if the government fails to fulfill its obligations per the contract, then the servicemember's obligation to fulfill that contract is void.

It probably is no big deal to a first-time reenlistee, but someone with 10+ years invested might be affected more by it.

I personally think it's crap. As you know, we weren't exactly picnicking out there, and any pittance the government offers to coerce us to stay should be handed over with a freakin' smile.

 

[pegwinn]

I don't recall the reg, but a servicemember can indeed walk if the government does not fulfill their contractual obligations. The wording is to the effect that if the government fails to fulfill its obligations per the contract, then the servicemember's obligation to fulfill that contract is void.

It probably is no big deal to a first-time reenlistee, but someone with 10+ years invested might be affected more by it.

I personally think it's crap. As you know, we weren't exactly picnicking out there, and any pittance the government offers to coerce us to stay should be handed over with a freakin' smile.

Yeah I agree. Both on the no picknik and the smile. I am hoping to track down a link to a regulation so I can in turn show it to a doubting thomas. He's of the opinion that you can't do it. Wish I had the name of someone who did do it. Nothing better than a source. Thanks.

 

[Mr. P]

Question...has anyone that re-upped before the program was ended, not received the bonus?

 

[pegwinn]

Question...has anyone that re-upped before the program was ended, not received the bonus?

According to the story, if I read it right, no one got the bonus.

 

[Mr. P]

According to the story, if I read it right, no one got the bonus.

Not what I read…

Krenke said some soldiers had been paid the re-enlistment bonuses…

Which leads me to believe all did, but I don’t know.
The other thing that strikes me here is it’s another Dem. Claiming the Admin is screwing the troops..remember when they did that early on in the war? It was something about hazard or combat pay? It was untrue..I’m thinking since this too is coming from a Dem it may be the same sorta thing.

 

[pegwinn]

Not what I read…
Which leads me to believe all did, but I don’t know.
The other thing that strikes me here is it’s another Dem. Claiming the Admin is screwing the troops..remember when they did that early on in the war? It was something about hazard or combat pay? It was untrue..I’m thinking since this too is coming from a Dem it may be the same sorta thing.

You are correct sir. In context:

A Pentagon spokeswoman, Lt. Col. Ellen Krenke, confirmed the bonuses had been canceled, saying they violated Pentagon policies because they duplicated other programs. She said Guard and Reserve members would be eligible for other bonuses.

Krenke said some soldiers had been paid the re-enlistment bonuses, but she was unsure how many or whether the money would have to be repaid. Murray’s office said that as far as it knew, no active Guard or Reserve members had received the bonuses.

We have a LtCol confirming that cancellation occured and discussing recoupment on behalf of the Gov. Again, my question is, where is a good place to go to see if these guys have a legal recourse to walk.

I found an Army Reg that gives em thirty days to bring it up or else.......

Cannot find the Marine Corps Order or the Navy Reg. All help appreciated. Don't you hate it when you get curious and cannot find an answer?

 

[Mr. P]

...Don't you hate it when you get curious and cannot find an answer?

Yes..If I run across anything I'll post it.

 

[Gunny]

You are correct sir. In context:



We have a LtCol confirming that cancellation occured and discussing recoupment on behalf of the Gov. Again, my question is, where is a good place to go to see if these guys have a legal recourse to walk.

I found an Army Reg that gives em thirty days to bring it up or else.......

Cannot find the Marine Corps Order or the Navy Reg. All help appreciated. Don't you hate it when you get curious and cannot find an answer?

Thanks a lot. You got me curious now and I can't find rip on it.