Expert: Cynthia Bedell - 1/22/2009

Question
I am currently an officer in the Army National Guard.  I originally enlisted as an infantryman in the Marine Corp Reserve in 2003.  In 2007 I enlisted in the Guard as an E-4, signing a 8 year contract.  In July 2008 I received a direct commission as an O-2 in the Guard (I recently became an attorney.  Afterwards I did not report to the JAG school for MOS training (long story dealing with family issues and timing).  No disciplinary action was taken against me, but now the Guard is "asking" me to transfer to the Army Reserve.  The Reserve is willing to take me, but I do not want to transfer.  Can they force me to do this?  Can I instead resign my commission and be completely out, and if so how?  Or, if I resign my commission can they make me fulfill my enlisted contract as an infantryman in the Guard? If I have to go back to being enlisted, what rank would I be?  Thanks

Answer
Dear Disaster --

I cannot fully answer your question because although the Army is authorized to treat you in certain ways, the leadership can choose to use lesser actions, for many reasons.

However, if you were to resign your commission now, for any reason except that the Army wants to discharge you in lieu of courts martial, then you would be most likely be compelled to complete your obligation as an enlisted Soldier.  You would likely be allowed to retain your E-4 rank since no punishment was taken for you being AWOL from your Officer Basic Course Legal Training.

You can be involuntarily assigned, under certain circumstances, to whatever position the military needs to fill.  But you cannot be compelled to "voluntarily" transfer.  However, if I were you, I would explore what opportunities you have if you were to transfer.  Perhaps you could even pick up your JAG career in the reserves.

Good luck to you.  Please write back if you have additional questions, or detail on your circumstances.