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Possible Discharge (OTH)

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  • Possible Discharge (OTH)

    May be in wrong forum, but I am a prior service USMC from 03-08 and signed up Nat Guard right after. I've been in for 3 years (11b) and I belong to California. I moved to Texas and there are no slots avail for an E-5 11b anywhere near, not even New Mexico.

    Well my time is up to find a home, when there is no home. And the Cal guard unit says I have no options but to return to Drill in Cal. They somehow have 4 day drill weekends which do not work with my job and will not reimburse me for travel. I have talked to the Texas IST and they said that California should put me in IRR since there is no other option. I mentioned this to my unit in California and they said no way, if I continue to miss drill I get an OTH. Both IST's (CA,TX) seem to think that is wrong of them (or "that's messed up").

    Also, I was not removed from the USMC component somehow and recieved E-6 and an Honorable D Cert Apr 2011 for the 5 year active duty.

    I do not intent to change my MOS, work any government job, nor re-enlist in any service.

    Although I do not want an OTH even if I have an Honorable, returning to California is out of the option. It seems they are narrowing me down to no other options.
    I can drill at a non infantry unit in Texas, and turn in Certs for drill. But that is not a solution and I would rather not, I do not want to be or do anything other than my current MOS.

    Thank you very much for any info or guidance you can give. I also called the GI Rights hotline and I'm awaiting the call back.

    Cheers
    Last edited by sgtp; June 15th, 2011, 08:07 PM.

  • #2
    Re: Possible Discharge (OTH)

    Originally posted by sgtp View Post
    May be in wrong forum, but I am a prior service USMC from 03-08 and signed up Nat Guard right after. I've been in for 3 years (11b) and I belong to California. I moved to Texas and there are no slots avail for an E-5 11b anywhere near, not even New Mexico.

    Well my time is up to find a home, when there is no home. And the Cal guard unit says I have no options but to return to Drill in Cal. They somehow have 4 day drill weekends which do not work with my job and will not reimburse me for travel. I have talked to the Texas IST and they said that California should put me in IRR since there is no other option. I mentioned this to my unit in California and they said no way, if I continue to miss drill I get an OTH. Both IST's (CA,TX) seem to think that is wrong of them (or "that's messed up").

    Also, I was not removed from the USMC component somehow and recieved E-6 and an Honorable D Cert Apr 2011 for the 5 year active duty.

    I do not intent to change my MOS, work any government job, nor re-enlist in any service.

    Although I do not want an OTH even if I have an Honorable, returning to California is out of the option. It seems they are narrowing me down to no other options.
    I can drill at a non infantry unit in Texas, and turn in Certs for drill. But that is not a solution and I would rather not, I do not want to be or do anything other than my current MOS.

    Thank you very much for any info or guidance you can give. I also called the GI Rights hotline and I'm awaiting the call back.

    Cheers
    First order of discussion: OTH

    Although units like to throw around laungauge like this, most have absolutly no idea what that even means. Considering your time in service you are entitled to a separation board if they wish to pursue an involuntary separation of any kind. Second, although they say OTH, it is common to issue General Discharge to people who don't drill. OTH discharges are usually reserved for our worst of the worst. I'm talking criminal stuff that isn't disposed of in Courts Martial. So what does this mean to you.....

    Ensure that your unit has accurate and up to date mailing and email addresses as well as phone numbers. They are required to notify you IN WRITING if they intend to move forward with ANY separation action. Even if they notify you for a pending OTH discharge, that doesn't mean you will get one. When it comes down to it, they will most likely cut you a General.

    Review AR 135-178 which is the separations reg, arm yourself with the knowledge in there, so your unit doesn't pull this stuff on you. I see it all the time. Also read up on the separations info in NGR 600-200.

    Second order of discussion: No slot.

    I am currently in a similiar situation as I want to relocate but it is really hard to IST right now as an NCO.

    Options...

    You can request to enter the Inactive National Guard for up to a year for personal reasons. This is a common practice for people with no slots, and for people who take overseas jobs.

    You can SUTA (split train) and drill with a unit in Texas while waiting for a potential slot, while still belonging to California. They (california) will be responsible for your pay.

    You can request discharge for coveinance of the government, but that may not be approved without excersiing the first two options.

    There may be a few more options considering why you are in Texas....Are you in school / work ??

    In any event, those options are everyday common things that happen all over the country in the National Guard. So in short, talk to someone at your unit that isn't an idiot, and take these issue up the S-1/J-1/G-1 chain/channels.
    Last edited by ParalegalNCO1; June 15th, 2011, 08:58 PM.

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    • #3
      Re: Possible Discharge (OTH)

      Thank you for your response!

      This is very helpful and good to know. I just recieve the certified letter in the mail about missing drill and possible actions. I am still trying to persue ING and hopefully talking to more than the readiness NCO will help.

      I talked to the VA and try said my benifits would not be impacted if this were to occur since I would not receive a dd214 from the reserve.

      Cheers,
      Sgt P

      Comment


      • #4
        Re: Possible Discharge (OTH)

        Originally posted by sgtp View Post
        Thank you for your response!

        This is very helpful and good to know. I just recieve the certified letter in the mail about missing drill and possible actions. I am still trying to persue ING and hopefully talking to more than the readiness NCO will help.

        I talked to the VA and try said my benifits would not be impacted if this were to occur since I would not receive a dd214 from the reserve.

        Cheers,
        Sgt P
        If you have already received paperwork, while you try to sort out other options, it is now time to contact JAG. Preferably Trial Defense, if not Legal Assistance. You need representation. So please do it.

        Comment

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