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  • MSO and IST for Officers

    Hello,

    I hope I can get an answer for this. Here is what is going on:

    I initially enlisted for 8 years (6x2) in 2010. I decided to go officer a few years ago and recently graduated OCS. Upon graduatuating OCS, I am being forced to relocate to a different state for my career, thus I initiated an IST. The OSM in the new state is telling me I have to sign a MSO for another 8 years with my new state. My questions are the following:

    1) do I need to sign an MSO of another 8 years in order to complete the transfer or do I have the option of maintaining my original ETS?

    2) If I do have to sign the MSO, as an officer, do I have the option of asking to be released at any time?

    Any help or guidance is appreciated.

  • #2
    Per table 2-1, AR 135-91: Upon commissioning you incur an eight year obligation no matter how much prior service you had. You must do 6 years in a drilling status and the last two years in a control group (IRR). I don't think I signed anything stating I had those additional years but it's been a while since then.

    I have seen officers leave drilling status before they completed their obligation.

    Comment


    • alistersdsu
      alistersdsu commented
      Editing a comment
      are you an officer? What does your ETS say on your AKO?

  • #3
    Originally posted by alistersdsu View Post
    Hello,

    I hope I can get an answer for this. Here is what is going on:

    I initially enlisted for 8 years (6x2) in 2010. I decided to go officer a few years ago and recently graduated OCS. Upon graduatuating OCS, I am being forced to relocate to a different state for my career, thus I initiated an IST. The OSM in the new state is telling me I have to sign a MSO for another 8 years with my new state. My questions are the following:

    1) do I need to sign an MSO of another 8 years in order to complete the transfer or do I have the option of maintaining my original ETS?

    2) If I do have to sign the MSO, as an officer, do I have the option of asking to be released at any time?

    Any help or guidance is appreciated.
    1. My understanding is that if you needed to incur an additional obligation upon commissioning, it should already be reflected in the system. I think it's unusual for you to sign another MSO for another 8 years for an IST.

    2. There are plenty of ways to get released before completing your drilling obligation. On what terms is another story...

    Comment


    • #4
      OP, if you see my icon or at least read my post you'd see that I'm an officer. To be honest, I've never looked for my ETS date as I'm too far into it just to quit. My LES shows indef/no date.

      Comment


      • #5
        Officers don't ETS. We are not on contracts. We have service obligations, but at the end of an obligation we don't have to swear back in or anything. Enlisted personnel have to re-enlist at their ETS to continue in service. And when enlisted personnel ETS prior to the 8-year mark, they go into the IRR (though many people don't realize this). Officers generally incur a 6-year drilling obligation and then 2 more years can be served in the IRR.

        The 8-year service obligation is based on statute. Army Regulation only implements 10 U.S.C. 651. The statutory obligation is to "serve in the armed forces," not necessarily as an enlisted member or officer. Your statutory obligation is 8 years, regardless of whether you switch from being enlisted to being an officer, or vice versa. One DOES NOT re-start the 8 year clock upon changing status. Though it may look like that if you read that table a certain way, RedLeg's interpretation of the table is incorrect.

        That being said, you may incur a new obligation by agreement. For instance, major schooling generally requires a new obligation (2-for-1, I think). What you may have to sign, just to be sure your paperwork is in order, is a statement that you understand that you have an 8-year obligation. The start date of that obligation, though, is your initial entry date. A state may be able to require you to agree to a new obligation for an IST (I'd have to check the laws/policies), but I can't imagine they'd require to you to do another 8 years. I can see where they'd want you to serve a little while just so they're not wasting their time transferring you, though.

        Comment


        • #6
          You need to read closer. An officer upon accepting a commission incurs a 6x2 obligation by AR. Nothing was mentioned about the 8 year MSO by statute.

          So if the SM has completed 8 years of service (by statute) and accept a commission via OCS, they now have another 6 x 2 obligation (by AR).

          Comment


          • #7
            RedLeg, the AR specifically references the statute, and is only an implementing document. The AR reads, in pertinent part: "The statutory MSO is incurred on initial entry into the Armed Forces whether by induction, enlistment, or appointment." AR 135-91, para. 2-1 ("Statutory Obligations"). Paragraph 2-2 covers contractual obligations, and the AR does not list IST as a reason for contractual obligations. Table 2-1 references para. 3-10h. If you got to para. 3-10h, it says, "An ARNG or USAR officer who was commissioned from OCS (AR 14050) retains the original statutory obligation incurred on enlistment in the RC." 3-10 does not add anything extra, other than to say that 6 years of the obligation will be in a TPU (drilling status or M-Day). Any remaining obligation (statutory or contractual) may be served in the USAR Control Group (IRR). Paragraph 3-10k does state that any service school over 15 weeks gives you a 2-year obligation, but that's concurrent. So as long as the OP has at least 2 years left on the 6-year drilling obligation, OCS doesn't add anything. To the OP, I should have stated that you do have a 6-year drilling obligation as an officer. Since you already had a 6x2 anyway and thus have 4 years of TPU status, that should carry over per my reading of AR 135-91. HOWEVER, you will not ETS. Since you joined in 2010, that would normally have been at some point in 2016. Because you graduated OCS, your obligation may have been pushed back (maybe not, depending on your graduation date). It still looks like you'd end your drilling obligation in 2016 either way. The IST should have nothing to do with it, as far as I can tell.

            Comment


            • #8
              Nevermind about OCS. Looks like that's only 12 weeks. Lawyers don't do OCS, so I just assumed it was long enough to incur an obligation. BOLC can be long enough, though, so that may give you a 2-year bump.

              Comment


              • #9
                Hi SabreKhan, you said officers don't have ETS. So, If I join ROTC and contract with National Guard. National Guard said, I have 6 years contract; but my ROTC said I have 8 years because I'm taking scholarship. 1. Is it the last 2 years are Inactive Reserve? or I have to go through 8 years. 2. When does it start counting? on my commission date or on the date I sworn in with National Guard? 3. Does SMP count toward your contract? Thank you for your answers

                Comment


                • #10
                  quangminh999, LTC Ritchie has a good link in his signature block that breaks down ROTC obligations.

                  Comment


                  • #11
                    Thank you all for the information. I will present these AR to the OSM asking me to sign an 8 year MSO.

                    Comment

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