12301(H) Orders

Good day all. I have a quick question. Army NG here and have been on consecutive Title 10 orders since December 2021. I am in the middle of IDES and my current orders expire end of September (this month). I was told that I would need to go on a different Title 10 order (12301(h)) to process through the rest of IDES. I got all the documents needed and submitted them last month. I was then told I submitted too early and needed to be routed inside of 30 days. I've tried to reach out to my home unit numerous times but feel that I'm getting the run around and the packet is still waiting on the commanders signature.

Being that I am less than 30 days from orders ending I am starting to get concerned orders won't process in time and wanted to know if anyone has dealt with this? Also, is there any chance the commander can deny the order request? I'm in good standing with the unit I am on Title 10 orders with and my home unit and not flagged or pending UCMJ/adverse action.

Any input will be helpful. Thanks!

 

[JoelPettit]

@MeerkatFromSkinnyKeep

TBH, I have seen this many times throughout the military. If you are currently on orders, then you should speak to a Legal Assistance attorney on post. I started in Legal Assistance and got my share of your type of case. Of course, not all units or CO's will read and obey an instruction or order that runs counter to what they 'have always done.' Still, there are strategies that you can use to set yourself up for success in other processes that are meant to remedy reservists being wrongfully removed from orders.
S/f,

Joel

Disclosure: I was a Marine JAG, Active Duty and Reserve IPEB & FPEB attorney, federal government civilian FPEB & TDRL-focused attorney at the Navy PEB, and now a private attorney focused solely on IDES cases at Joel Pettit Law. This post is meant as procedural insight only and should not be construed as legal advice related to a specific case or a legal analysis of facts thereof.

 

[MeerkatFromSkinnyKeep]

@MeerkatFromSkinnyKeep

TBH, I have seen this many times throughout the military. If you are currently on orders, then you should speak to a Legal Assistance attorney on post. I started in Legal Assistance and got my share of your type of case. Of course, not all units or CO's will read and obey an instruction or order that runs counter to what they 'have always done.' Still, there are strategies that you can use to set yourself up for success in other processes that are meant to remedy reservists being wrongfully removed from orders.
S/f,

Joel

Disclosure: I was a Marine JAG, Active Duty and Reserve IPEB & FPEB attorney, federal government civilian FPEB & TDRL-focused attorney at the Navy PEB, and now a private attorney focused solely on IDES cases at Joel Pettit Law. This post is meant as procedural insight only and should not be construed as legal advice related to a specific case or a legal analysis of facts thereof.

Thanks Joel for your reply. Main concern is my belief is that this 12301h order is mandatory if the Soldier elects and is in good standing. From your experience can you attest if this is true? I will be contacting an attorney tomorrow to get clarity as well.

Thanks again for the support.

 

[JoelPettit]

@MeerkatFromSkinnyKeep

Generally speaking, it is at the Service member's election to stay on orders. However, the reason for staying on orders is the point of contention in these cases. Be sure to read 635-40 very closely and discuss with your attorney. It's not as simple as: IDES referral = orders. Anyone who thinks these things are cut and dry is in for a rude awakening when a competent opponent challenges their logic. Again, many units disregard regulations and instructions despite being presented with the source(s) directly. This is why BCMR and other appellate remedies exist. For anyone who doesn't believe me, I tell them to research BCMR decisions concerning these types of issues; they are always amazed at the number they find.

I sincerely hope your situation goes smoothly.