Expert: Cynthia Bedell - 12/15/2008

Question
I have a soldier who recently returned to the unit. When she arrived at the unit do to prior experience in office work she was placed in the orderly room. At this time she voiced her desire to work in her MOS since she had not been given the opportunity in her last unit. The CO agreed to let her go however changed his mind shortly after. Now the unit is moving and they need someone to sign for the hand receipt for the unit movement. She has been chosen to do so and is completely in objection to it. This will make her permanent Orderly room personal and prevent her from furthering her career due to lack of experience in her MOS.  Is there a way that she could either use Brach of contract, because she just enlisted for her MOS again, and if not can she object to signing the hand receipt.

Please help


Answer
Dear Jennifer --

I recommend that your friend make a complaint with both the Inspector General's (IG) office, and the Equal Opportunity Office.  In the complaint she should request a transfer to a new unit, so that she gets a fair opportunity to work in her MOS.  She should not have to remain in a unit that treated her unfairly, and would not let her work in her MOS.

This appears to me to be a case of gender bias whereby the commander has chosen someone to do work entirely outside of their MOS, but "typical" of their gender.  Soldiers are expected to have additional duties, as long as these duties do not preclude a Soldier from serving in their MOS and becoming qualified at their specialty for their grade.  

Signing a hand receipt should not make her "permanent orderly room personnel."  However, if she is made to sign the hand receipt, she should immediately sub-hand receipt all the equipment to the people who typically use it.  Desks and chairs to those who sit there.  Computers to the person that uses them, etc.

Good luck to her.  Please write back, or have her write back, if you have other questions or issues.