Expert: Cynthia Bedell - 1/18/2008

Question
After being out of the Army (active 4 yrs.) and Army Reserve (1yr.) for almost a year, I received a call from HRC St. Louis, asking me to volunteer for a year as a recruiter, in my local area. After discovering that there were no availabilities in my area, they offered me a pcs move to any area available. The NCOIC stated that it would still be a one year commitment+training. I agreed to come back and help for one year. I proceeded to fill out the paper work which all stated one year. I received my orders to the Army Recruiter Course (ARC)and proceeded to pass the school. Upon completion of the school, I received my pcs orders, and my orders to AGR status. However, they stated a two year commitment. When I inquired about the two year commitment, HRC St. Louis's recruiting personnel stated that the senior NCO who did the processing and interviewing had been relieved of his duty, and that he had miss-informed me. Now they're saying there's nothing I can do but just complete the two years. Is this not a breach of contract? I've talked to others that this happened to and they are concerned also. Some insight to this would really help. Thanks.

Answer
Dear Mike --

If your enlistment contract states a one-year period of service in writing, you can get your orders amended to one year.  If your recruiter told you one thing (one year service obligation), but put another in writing in your contract (two-year obligation), you can fight this under a Board of Military Corrections, but by the time your case is heard and adjudicated, your two year tour of service is likely to be complete already.

If your written enlistment contract specifies more than a year of service, but a two year tour will really make your life difficult for a reason you can specify, you should be able to get your time of service reduced due to hardship.  Use a DA Form 4187 to request a curtailment of your service obligation due to hardship.  Mention the lying recruiter (his wrong-doing should not end up punishing you) and the hardship you will face if you remain in service more than a year.  Walk the form through your chain of command, so you know it reaches the right decision makers.  If you hand it off to someone, it might "get lost."  Once your commander signs it, forward it to Human Resources Command.  Keep copies of all your documentation, so you can follow-up, if you do not hear an answer in a timely fashion.

Please write back if you have additional details, or new questions.  Good luck to you, and thank you for your service, both past and present.