Expert: Rod Powers - 6/7/2006

Question
Rod,
I have intentions of returning to my unit. I got a release letter from the State TAG releasing me for 365 days.  At the end of that priod I am to return to my original unit.  I was told by the people at the National Guard Bureau that they didn't have the funding for TDY orders.  I was told that after they already cut my orders for PCS. Originally, when I agreed to take the ADSW position, I was told it would be a TDY assignment. Is this the right thing for the soldier? So in reality this is a definate TDY assignment, intent and all.  It boils down to a funding issue.  If it is a funding issue, is there a regulation that addresses this situation?      

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Followup To

Question -
I am currently on (ADSW) orders from 8 May06 until 30 Sept06.  I am on PCS orders for this short amount of time because of funding.  Is there any regulation or reason stating that I should be on TDY orders and getting paid per diem. Since this is such an short amount of time. Where would I find more information about this subject?

Thank you,
1LT Skyler Mills

Answer -
Hi Skyler,

I'm afraid not (to my knowledge).  It's not so much a matter of "time," but more a matter of "intent" of the military.

If one is sent to another unit for less than 20 weeks (about 180 days), with the "intent" of returning them to their original unit at the end of the period, that's a "TDY."

However, if one is re-assigned to another unit/location with no intention of returning them to their original unit of assignment, regardless of how long they will be there, that is a PCS.

Hope this helps!

Rod Powers
http://usmilitary.about.com


Answer
Hi Skyler,

Under the regualtions (The JFTR, or Joint Federal Traffic Regualtion), any movement for 20 weeks or more (about six months), at a single location, is not a TDY, but rather a PCS.

If your assigment is for 20 weeks or more, it can be ordered as a PCS assignment.

Hope this helps!

Rod Powers
http://usmilitary.about.com