Expert: MARK A. HOWELL - 10/29/2010

Question
QUESTION: I re enlisted back in Jan. in the Army to reclass to 91b while deployed. When returning to Ft Carson I still had not seen my orders then in July I received them with orders to Ft hood after completing AIT. My wife has been in Ky do to visitation rights that she shares basically cant leave until we work it out. I went to the retention office to try and get somewhere close to her. Ky. They sent me on a wild chase getting no answer. After a month of wasting time I went on to the next retention office on Carson they laughed and said they could not help me. didnt even try. HRC said it was their job. I am now at FT jackson and just went to post retention they called HRC they said they could help at first then said because I waited so long they can't. even tried to get korea. Because the real problem is that I can not afford rent and bills in two locations. What can I do? sorry its so long just had to tell the details.

ANSWER: Anthony,
It's not too long.  Actually it's not long enough for me to get it straight.  Please clarify some things for me.
1.  Is she your wife or ex-wife?
2.  Visitation rights for who?  Does she have a child from a previous marriage?
3.  You want to go to KY right?
4.  HRC said it was whose job?
5.  Why did you try to go to Korea?
6.  How long were you at Ft. Carson?
7.  How long were you at Ft. Jackson?

If you answer my questions I will talk to my Personnel and Assignments buddies tomorrow to see what you should do.

Colonel H

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

QUESTION: Yes sir,
1. It is my wife.
2. She has a child from previous marriage. The father has visitation every wed. and every other weekend. and also my wife can not take him from the state of KY without permission from child father or court. I will be working on getting this changed but its going to take some time and money. I also have to look out for what best for my step son.
3. Yes I have been trying to get KY for some time now. I just keep getting told that Their is no available openings. I would love to be with my family (wife and step son)
4-7. The reason I said HRC (my branch manager for 91b) is because I called them after getting nowhere with my retention at Ft Carson. They told me that it was retention job to try and fix this because I re enlisted for change of MOS and that is what these orders came from. To explain, Ft Carson was my duty station at the time of reenlistment. I was their for 1 yr. and 9 months. I am at Ft Jackson now on temporary duty station orders with follow one to Ft Hood. I am only at Ft Jackson for AIT for 91b. It was this week when I went to post retention here at Ft Jackson to talk with them. That is where Korea came from they told me that branch could not get me KY but was offering me Korea with KY following one the yr in Korea. This sounded better than Hood because I do not know how I am going to be able to pay for housing in Hood and KY and all my other bills. We only have my pay now wife was laid off from work and unable to find another job. But I was told a few days ago from retention that HRC was not wanting to change my orders because I, one am at school (AIT) and two I have been on orders for Five months. It makes no since to me I have been trying to fix this every since I got orders and now I get an offer not great but one that works and they come back and say I waited to long. Just to add the offer was given and I gave an answer in less than twelve hours. I am just very stressed about this. Thank you for your time. Hope this helps you understand a little more sir.  

Answer
Anthony,
Wow, what a goose chase I've been on and I'm a colonel so I can imagine what you've been going through.

After being sent to the JAG office I finally got a reasonable-sounding answer.  Here it is:

Basically it's a civilian matter, that's why the military doesn't want to help.  The military's opinion is, "Too bad.  If she wanted to stay near her kids she shouldn't have married a soldier."

I went to Ft. Knox to see what my general friend could do.  While I was at Ft. Knox the JAG was most helpful.  He and I went to see a civilian attorney who specializes in divorce law.  He said your wife has to go to court and amend the custody/visitation rights order to something she and her ex can agree upon.  Instead of weekends she may have to ask for something like she gets the kids for the whole summer while school's out.

Everyone agreed that's your only option.

Sorry I took so long, but this one required a lot of research.

Good luck and thanks for your service.
Colonel H