Expert: Rod Powers - 10/17/2009

Question
QUESTION: I am currently deployed at the moment.  I got orders to PCS when I return home.  I will have 1 year 9 months in service, and 1 1/2 years when I report to Korea.  I don't want to pcs to there.  Is there anyway I can decline orders?  Or do I just have to take what they give me no matter what?

ANSWER: Hi Army,

For which service?



---------- FOLLOW-UP ----------

QUESTION: Sorry, for the Army.

Answer
Hi Amy,

I think you're "stuck." Even though the Army has been moving to convert Korea assignments to "long tours," I think they still classify it as a "dependent restricted tour." If it was classified as a "long tour" (you might want to check into this), and your initial enlistment contract was for 3 years or less, you could "decline" the assignment.

From AR 6140-200, Enlisted Assignments and Utilization Management, Chapter 3, paragraph 3-2:

m. First–term Soldiers serving initial enlistments of—
(1) Three years or less shall be given no more than one assignment before their ETS following initial basic and skill training, unless required to serve in a dependent-restricted tour area overseas, in which case such Soldiers shall be given no more than two assignments in different locations.

(2) More than 3, but less than 4 years, shall be given no more than one CONUS assignment before their ETS following initial basic or skill training. If overseas assignment is required, the Soldier shall be given no more than two assignments before ETS.
(3) Four or more years, but less than 5 years, shall be given no more than two assignments in different locations before their ETS following initial basic and skill training, regardless of tour length.

(4) Five or more years shall be given no more than three assignments in different locations, provided one is an overseas assignment, before their ETS following initial basic and skill training, regardless of tour length.

Two things I should note:

(1) If you're allowed to decline the assignment, it's not without consequences. Usually, when one declines an assignment, they become immediately ineligible for re-enlistment, which makes them immediately ineligible for promotion for the entire rest of their term.

(2) If you accept the assignment, you must have at least 12 months left on your enlistment in order to receive another assignment, following the overseas assignment. If you don't, the Army will usually involuntarily extend you in the overseas assignment to match your ETS date.

For more information about the United States Military, feel free to visit my US Military information site at: http://usmilitary.about.com.

Hope this helps!

Rod Powers
About.com US Military Guide
http://usmilitary.about.com