Assignment Instruction/Orders during PEB

I would check AR 635-40 paragraph 4-8b and d. From how I read it, it restricts you from PCS and or transfer to a different unit. I could be wrong in my interpretation of the regulation though.

Thanks!. That's exactly what I was looking at just now. Could commander's potentially break this regulation though?

Honestly, I misread your original post. Your original post actually sounds like they want to assign you to a platoon leader spot within the same company? I originally read it as if they were going to transfer you to a different company to assume a PLT leader spot

I am not sure if the references I gave, apply to a transfer within the same company.

Yes CDRs and the chain of command break it all the time. Some of it by ignorance as the regulation is fairly new and other times by design. They force the soldier to be completely on top of all regulations and it’s up to the soldier to tactically remind them that they can’t do what they want to do per the regulations.

I am by no means an expert. I am currently fighting my COC on this regulation myself. Hopefully somebody else on this forum that is much wiser and smarter than I am can also chime in.

The thing is, I received new orders for this position, and according to this regulation, this is still not allowed since it's a new assignment either way

Heck, if you have new orders, then I think your golden, in my interpretation of the regulation and in my humble opinion. Just remember to kindly and gently show them the regulation. They won’t be happy that you have proved them wrong. Expect some pushback and blowback.

So I did tell my commander about this (in a kind and gentle way); however, he is the type of guy that will say "yes Sir" to any decision made by higher no matter how poor it may be. Essentially, he would not fight back for me at all. I ended up contacting the Soldier's MEB counsel (as my PEBLO is never available) and showed them the regulation and orders. They told me they'll fix the issue. Once again, I don't mind the position at all, but I'd much rather worry about my future life than inventory which I would have to pass off in month to the person who would take my position. It simply doesn't make sense to put a soldier into a new position (especially when they are accountable for many items) while you know that they will be getting out of the military in a few months. This to me is just a poor leadership decision. Either way we'll see how it goes. By the way, if you are in a similar boat, I highly recommend you to go speak with the MEB counsel or Ombudsman. They don't necesarily know word by word for the regulation (which is why I needed to look into it myself), but once you can prove to them that something is wrong, they know who to send it up to.

That’s great news that the MEB counsel is going to help. I completely agree with you on your justified reasons for not wanting that position. You are almost out anyways, it’s time to focus on you and your future.

UPDATE
I spoke with the MEB Counsel about my issue, but honestly they aren't doing much. The MEB counsel attorney basically just asked for some advice on the matter from the legal assistance. When I talked to my commander about it this morning again, I informed him that I am still getting this issue sorted out, but he is literally forcing me to take over the position tomorrow. As mentioned before, I informed him this violates regulation, and I'm seeing the MEB counsel currently to sort this out. He eventually told me that "it doesn't matter what your lawyer says because the Battalion Commander already made his decision." . . . I seriously don't know what to do at this point. No one is helping me at all for this,and I know for a fact this is going to prolong my transition and interfere with my IDES process. Should I contact the SJA/Legal Assistance at this point?

Opinion.

If you are remaining in the same unit, you are not being reassigned; you are being given new duties.

I used the move solders around within a unit. There were not reassigned; they were simply given new duties.

Sounds like you were given a lawful order, irrespective of the hassles that might cause.

Ron

I understand that piece, but I still received orders for this. In AR 635-40 Section 4-8 it states:
"From the time a Soldier receives a P3/P4 profile referring them to a MEB until the time the DES process is completed
(including a decision on any appeal) or the Soldier is returned to duty, the Soldier—
b.Is ineligible for assignment instructions or orders with the exception of orders for assignment to the Warrior Transi-
tion Unit or Community Care Unit. If the Soldier has already received assignment orders prior to initiation of the DES
process, the process must be completed and a final decision rendered before the Soldier proceeds on assignment.
d. Is ineligible for transfer within a component or transfer between components. This includes involuntary transfer to
the IRR when the RC Soldier is otherwise eligible to remain a member of the Selected Reserve during DES evaluation."

Thank you...I had read that.

I am looking at the matter from the standpoint of moving soldiers from one TO&E position to another within the same unit. This did not require orders, just a change of rater evaluation in some cases.

Even when I became a first sergeant, orders were not involved since it was not a promotion in grade (I did receive a special skill ID on orders though). However, I am speaking about enlisted solders, not officers.
Ron

Either way, thank you for the knowledge from a different viewpoint. I know that you don't need orders for most cases like this for enlisted, but I think it's different for officers as you say because they're techniqually key roles

I do think you have a legitimate case based on the regulation. However like your CDR stated, the decision has already been made..that’s what I was referencing when I said that CDRs break the regulation many times, some out of ignorance and other times by purposeful decision. I personally have gone the lawyer and SJA route and I am actually making some headway. But for me, it’s trying to keep myself on Active Duty orders thru the IDES process, currently going thru the MEB portion now. Personally, I would love to be in your position of being allowed to stay thru the process, even if it meant doing a job that would hamper the PEB portion a bit. But if you feel strongly about it, you can always use the SJA and or the IG. I just don’t know how many waves you want to make and the frustration that could come from those waves right before you transition out.

In order to minimize the stress or hassle of inventories and what have you...I would have a sit down heart to heart conversation with your PLT NCO and explain what’s going on, that your just a place holder for the next few months and that you would like his support. Also explain what’s going on to the supply NCO so he’s aware that you are basically a temp PLT Leader and the inventories will need to be done again soon. I would have your PLT NCO and the supply NCO with you during the inventories, so everyone is on the same sheet of music about shortages and what’s there. I would work with the supply NCO and get a 2nd set of Sub Hand Receipt documents, and turn right around and have your PLT NCO sign for everything, so when you do leave, the PLT NCO your PLT soldiers and you can do a quick re-inventory of everything. Or work with your CDR and see if the PLT NCO can just sign for everything directly from the CDR, this cutting you out of the equation of being the SUB Hand Receipt Holder altogether and you just be responsible for everything else an officer would be minus the equipment.

Thanks for the feedback again, I am currently trying to go to legal assistance for this. I really don't want to bother with the frustration involved in this, but regulation is regulation. Also, regarding your 2nd comment, i completely agree, but the thing is that the PLT NCO will be PCSing immidiately after I fill in his position. I won't have an actual PLT NCO with me probably during my duration with the PLT.

UPDATE
So it turns out the legal attorney contacted through the MEB counsel actually spoke up to my commander and he highly recommended not to assign me into a new position. I will not be assuming this new assignment

blepodog said:

UPDATE
So it turns out the legal attorney contacted through the MEB counsel actually spoke up to my commander and he highly recommended not to assign me into a new position. I will not be assuming this new assignment

Click to expand...

I am glad that this resulted in your favor.

Let unsaid is whether the new duties were within the boundaries of pertinent regulations.

One can easily infer, that they were not. Conversely, the commander likely did not want the extra attention this case would cause.

Frankly, I would have never assigned an enlisted person to a top tier position while they were “out processing.” Seems like there was more going on besides filling a position (speaking of the command). As we discussed, the assignment of officers is different from moving soldiers around within a TO&E.

My field was in the almost defunct field of finance (DFAS now does much of what we did in the field). My thought was to be versatile and know as much as you can in all the areas of our then-PMOS. Not just me, but more importantly, the soldiers within the organization.

In any case, congrats.

Ron