Expert: Rod Powers - 12/4/2006

Question
   Thanks for all of your helpful answers.  This will probably be my last group of questions. Finishing out my contract as an enlisted soldier sounds great if that is what happens.  My question is can my commander inflict any punishments on me for not going to OCS, or worse yet, could he possibly try to hold me as an officer?
 Finally, if I am allowed to go back as an enlisted soldier, can I go on the IRR since I am in the final two years of my contract?
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   I became an officer as the result of a direct commission.  I am not scheduled to attend OCS until April of 2007.  Consequently, I have been in limbo land as a 2Lt. who, in my opinion, has been treated very un-Army like since I have been commissioned.  As a result, I no longer want to be an officer in the Army Reserves, and I am just trying to find out my options to my complicated situation:
  Since I have not attended OCS, do I have the legal right to refuse to go and then resign at the end of my original contract, or will their be negative consequences if I try not to go to a course that will obligate me for more, unwanted years as an officer?  Also, if I can refuse to go, and if I can resign when my original contract is up in Apr. of 2008, what is the process?
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   Thanks for your response.  My predicament is actually a little more
complicated; I don't think I explained it very well.  I served six years of my
original contract as an enlisted soldier, and I have been an officer for about a
half year.  My original contract does not end until 13 April 2008.  
   Moreover, I have not gone to my 70B - medical service - course yet, so I
have not signed anything that has had a specified, contractional obligation.  
My recruiter only used the vague "indefinite."  
  So I guess I have a few new questions for you: 1. Can I refuse to go to my
training because I do not want to sign up for any more years?  2. If I do refuse
to go, what will be the ramifications?  3. When I am eligible to request my
resignation, what is the process - - to whom does the paperwork go, and
what are the forms?
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   I happily spent my first six years in the Army Reserves as an enlisted
soldier who worked his way up to sergeant.  I would have stayed an NCO, but
my unit's training NCO continued to fail at getting me into the Warrior's
training course.  Since I couldn't become an E-6 without this course, I decided
to progress my career by applying for a commission - - a huge mistake.
    I ONLY accepted my commission because my recruiter promised me three
things: 1. My officers training course would be during the summer ( I am a
teacher).  2. I would get to stay in the unit.  3. He said that once my original
contract was fulfilled, if I didn't like being an officer, I could resign.
    In short, the first two promised were lies.  Also, I hate the unit I am now
in.  My superiors treat me like a private: they push work off on me that I am
also supposed to do during my busy civilain job.  There are many other
reasons that I am very discouraged about this unit, but my only other option
to move is to transfer to an out-of-state unit.
       My question to you is about the third promise.  I know that I have to
REQUEST to resign after I fulfill my original contract, which will end in April of
2008.  Am I likely to be accepted, or am I going to have to endure this dumb
decision indefinitely?
-----Answer-----
Hi Kacey,

As you probably know, everyone who joins the military incurs a total 8 year
service obligation. It sounds to me as if you have already completed that
initial obligation.

So, what lies ahead depends on any service obligation based on promotion or
training. Attending Army OCS incurs a service obligation of 3 years following
graduation from OCS. You didn't say what Army officer job you trained in, but
-- depending on the job, there may be a service obligation for that particular
job-training.

In any event, you would know about any such service obligations, as you have
to sign an agreement for such, before attending the training.

Assuming your current service obligation ends in April 2008, you can apply to
resign your commission. I can't speak to what policies may be in effect in
2008, but -- under current policies -- unless you or your unit are under
STOP-LOSS (ie, you've been officially notified of an upcoming deployment),
such requests are routinely granted.

Hope this helps!

Rod Powers
http://usmilitary.about.com

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Hi Kacey,

Okay, I am confused. How did you become an officer? Did you attend OCS?

If so, you incurred a three year service obliglation from the date you graduated OCS.

You need to contact your unit and find out what your service obligation date actually is. Whatever it is, you can request to resign your commission effective at any time after that date.

Hope this helps!

Rod Powers
http://usmilitary.about.com

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Hi Kacey,

Okay, it's a little more clear now. YOu won't be able to resign your commission until your current service obligation is over.

While this is actually up to your command (mostly the commanding officer), if you refuse OCS training, the most likely result will be that you will be reverted to enlisted status for the remainder of your commitment period. If this happens, it won't be necessary to resign your commission.

Hope this helps!

Rod Powers
http://usmilitary.about.com

Answer
Hi Kacey,

All of this is entirely up to your command.  It's possible, if you refuse to go to OCS, you could actually be court-martialed for refusing an order. However, such is rare (so rare, I don't think I've ever heard of a case, for the Reserves). However, you need to know it's possible.

I *am not* a military lawyer, so I hesitate (for obvious reasons) in giving "legal advice" in such matters (in fact, a non-lawyer giving specific "legal advice" is illegal in most states).

My best advice would be to make an appointment with your local JAG during a drill weekend, and see what they have to say about it.

Hope this helps!

Rod Powers
http://usmilitary.about.com