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Breached Contract

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tacsatarmy

Junior Member
What is the name of your state?NC
I joined the Army early in 2002 with the student loan repayment plan, a ten thousand dollar bonus, a three thousand dollar bonus for Airborne, and Satellite Communications AIT in my contract. In 2002 the Army pioneered a plan to create AOT (Assignment Oriented Training) for the signal core because it was decided that soldiers were spending too much time in school. So basically my MOS and about 3 others were to be given an assignment by our second week of AIT and only trained on the equipment for the unit we were going to. My contract says AIT for SATCOM is 39 weeks and it involves both Strategic and Tactical training. If anyone knows about this, they are two very extreme differeces. In Strategic, you are sitting in an office monitoring a Satellite terminal somehwere far from the front lines of anything. In Tactical, you are in the field constantly, and usually with Infantry, as I have been for 3 years, and basically doing the same things as infantry. My schooling was cut to 23 weeks and I was given an identifier on my MOS title that shows I was only given Tactical training. Back then Satcom was a 6 year enlistment minimum because the Army was giving you so much training and you would be so lucrative to the civillian market. This AOT thing is a catch 22 because they claim you should be sent back to school and get all of your training by your unit but with an identifier saying you are one or the other, you will only be sent to units that have a need for what you are. To sum this up, there is no chance to get the schooling you signed up for and the 6 years because of all the training you would recieve, is just more BS.
In AIT several of us were told that with Airborne in our contracts, there would be no way we would get Strategic training so a lot of people dropped their Airborne by signing a "Certifcate of Enlistment Waiver".
This waiver states:
"I voluntarily waiver my enlistment commitment for Airborne Training made at the time of my enlistment. I realize and fully understand that as a result of doing so, I will be assigned in accordance with the remaining portion of my enlistment commitment and the needs of the service, and will be required to complete the full term service for which I enlisted."
Now, to me that says everything except the Airborne portion of my contract is still in effect. Funny, because recently when I brough the fact up to my CO that I felt my contract was void because I never recieved the AIT training that was guaranteed to me, nor had one cent of my loans been paid, he agreed that my contract had been breached and got the ball rolling for me to get out or get the schooling I deserved. A few weeks later things came to a screeching hault when my platoon SGT handed me my contract with the Airborne waiver highlighted on the front and said,"sorry, your drill sergeant f'ed you". Now they are claiming that because I signed that waiver, basically I voided my own contract, went to the needs of the Army, and should not get any of my bonuses(which have been paid), the schooling, or the SLRP.
I can understand not getting the Airborne bonus, which I did not, and the Army agreed to pay my loans probably a year ago now. I have letters saying payment has been made, yet the Dept of Ed has recieved nothing. The Army is now giving me and my congressman the run around saying we have to wait 90 more days to find out where the payment went and that it's my fault that they were not yet paid because the Army could not find me, even though I have been in the same place for over two years.
Now with this re-enlistment guy claiming the waiver voids my contract, I am scared the loans will never get paid, I will never get schooled, and all have no valuable job skills after wasting 6 years of my life in the Army. On top of that, the way he is talking makes it seem like they could take back the 10,000 they already gave me.
Could someone with some background in contract law please tell me how this waiver reads to them? Does anyone know of a good contract lawyer that deals with Military Law? Thanks in advance.
 


badapple40

Senior Member
Put in paperwork with the Army board for the correction of records, asking them to release you from active duty on account of breach of contract, or, in the alternative, that the Army fulfill the requirements of the contract. State that you raised these concerns with your unit and therefore have exhausted remedies.

When the Army Board rules against you, file suit in federal court for:

1. Habeas relief (ordering your release) AND
2. Declaratory judgment (construing the enlistment contract)
 

tacsatarmy

Junior Member
Thanks

BadApple,
How do I contact this "Army Board" and does the statement I posted look to you like I voided my own contract? Thanks
 

fozzy2

Member
Uh oh.

You may be out of luck. You probably enlisted under the "airborne enlistment option", which means you were guaranteed an MOS and in return you volunteered for Airborne duty. Your enlistment papers probably include a DA Form 3286-63 which will have "airborne" as well as your MOS. The form reads in part "If I fail to complete airborne....needs of the Army." You signed it.

The kicker is the "waiver" of airborne. From a legal perspective, the Army is asking YOU to "waive" your guaranteed Airborne school. And if you do, you are also "waiving" your MOS guarantee which is linked to Airborne. You failed to complete airborne school. You did this in order to get the precise schooling/MOS you wanted.

Now, I understand completely that this could be misunderstood by a trainee, and indeed that the people doing the explaining might have intentionally misled you. The question is, what can be done about it now? (assuming that your record reflects the above). AR 601-210 states somewheres that you have a 30 day window to 'report' if you are unsatisfied with changes to your training/MOS. In other words, if you didn't like the change in the satcomms program you should have filed a complaint back then. The army will probably say it is too late now. However, your bonuses and the school money may not be lost. You won't get airborne money because, as you said, you didn't do airborne. But, if you completed your satcom school and have been doing the job for the past years, then you may get bonuses even though "technically" the Army may not have to pay you. The Navy used to have a "harmless error" policy that could apply in such cases, and I imagine the Army does too.

All is not lost. Keep a good attitude - at least for your chain-of-command. If you come across like a good soldier done wrong they will be more helpful. If you act sullen or shout that you are leaving the military regardless, well, your file may go in another box. Talk to your Legal Services Officer (lawyer) or Army equivalent if you like. Make an appointment and take a copy of all your records. Be leery of the E-9 at the PSD/admin. They can be your best friend or your worst enemy. Start with a neutral lawyer. ;-)
 

jaybella410

Junior Member
Read This !!!

new york...

saw your post that said you were working with Micheal Moore...well, I have one more story to add to your collection...please help me if you can.... I enlisted in army last year, straight from navy under a new program called operation blue to green...it was a very publicized story. I kept rank and all benefits, nothing changed under this new program... I did, however, sign a contract that stated I was to receive a 7,000 bonus and immediate promotion to sgt. and was going to field artillery, 9 months later, I have nothing. I never even saw field artillery, they put me right into infantry and are sending me to Iraq in August... No one will help me, not CO, not IG, and finance tells me, ''too bad, happens all the time''. I would never have crossed over if it would not have been for those ''pretty little perks'' in my contract. I have been screwed by military before, but I at least thought I'd be safe if it was in black and white. After everyone else looked at it and said ''oh well, it is breached, but what can you do !!" I was told to take it to the retention officer and let them rewrite my contract, but still nothing...
It wasn't just breached a little, it was completely breached. They changed my mos, no bonus, no promotion. What can I do ? I am nervous about going back to Iraq, is it fair to think that without a valid contract, I shouldn't have too???

And here's another kicker !!!! Last month, after doing some field training, doc discovered I had a broken foot !!! But they won't cast it !!!! Said if they cast it, it will be to weak for me to walk on in Iraq, so now I have a broken foot too, that isn't healing properly !!!!!!!!!!!!!!!!!!
 

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