Expert: Rod Powers - 3/30/2007

Question
Mr. Powers,

I recently decided to actively seek an early separation from the Navy. I joined at age 30 and I have been on active duty for 15 months now. I have been disqualified from three contracts. Prior to that I was turned down for OCS because of my medical background. After my last contract disqualification I was told I would have to go out to the fleet as an undesignated deck seaman. I have a bachelor's degree; I scored a near perfect on the ASVAB (97); and I have 15 years of civilian work experience. I now sweep decks and haul lines for a living. I find my current situation intolerable.  I am depressed day and night and I am growing desparate. I need to find a way out before I fall apart completely.

Do you think I could qualify for either the Breach of guaranteed job clause or for a hardship separation? Here's a quick rundown of my disquals:

--Disqualified from OCS at age 26 for history of skin cancer.
--Disqualified from CTI contract for failure to earn top secret clearance (I currently have a secret clearance).
--Disqualified from Rescue Swimmer contract after nodule of tissue was found in my lung. I was kept at boot camp for seven months before they decided to yank this contract.
--Disqualified from sub contract for not having a top secret clearance. When I was offered this contract I didn't have a chance to look into it, being as I was still in recruit status and didn't have access to pertinant information, otherwise I would have told them that I was denied top secret before. This was a clerical error on their part, but I was already at sub school when they realized the mistake and I couldn't do anything about it.

The last two disquals were well out of my control, hence my reason for asking about the breach of guarunteed job clause. I am also writing my congressmen to request their help. I'm looking for any way possible to get out without hurting my future chances of employment.

I apologize for the length of this email. I would appreciate any advice you may have. Thank you.

Chris

Answer
Hi Chris,

You may wish to seek a "breach of contract" discharge. From what you've stated, it seems that you would probably qualify. Keep in mind that the Navy is the ones who get to determine whether it is "breach of contract," however.

I'm not sure if your Congress-critter would be of much help. You could probably get more help about this by making an appointment to speak with a JAG attorney.

Hope this helps!

Rod Powers
http://usmilitary.about.com