| Those enlisted soldiers that have an initial statutory obligation will remain in the IRR until they complete their eight total years and then they will "automatically" receive a final discharge on the date they complete their eight years.
A Commissioned Officer however, is treated a little bit differently. A young officer still has an initial eight year obligation but when they complete their eight years they must formally request a discharge and tender their commission. Hence, if you were to look at a Commissioned Officers identification card in the expiration date section, instead of it showing the date when eight years is completed, as it does with an enlisted soldier, it would read "Indefinite." There are many cases of IRR Officers, typically Captains that are not as savvy to the world as our own CPT Friedman, who believe that their problem goes away when they hit the eight year mark. Those young Captains learn the ways of the world when they receive the thick brown envelope years after the eight year point.
Fortunately, there has been some sanity recently to help those less savvy Officers at the eight year point. It is now DOD policy, hence DA policy that every Officer must be discharged from the IRR within two years of completing their statutory obligation unless they make an affirmative declaration that they want to stay in. As a result of this policy, all Officers now receive a letter upon completing their eight years that they will be discharged unless they "sign and return the enclosed form."
The IRR also consists of soldiers who no longer have a statutory obligation but live too far from a regular reserve unit and are trying to complete twenty years in order to qualify for retirement. These soldiers will typically complete a minimum of 105 hours of correspondence courses a year in order to build up what are called good years for retirement. Once they complete their twenty years, they will typically retire. I have personally known Officers that have spent six years in a unit then fourteen years doing nothing but correspondence courses.
Lastly in the IRR is a much smaller group that I affectionately refer to as "IRR homesteaders." These are the soldiers who have completed twenty good years for retirement, have their "twenty year letter" in hand that says they officially qualify for retirement but desire to stay in the IRR so they can get more years to get a larger retirement benefit when they turn sixty. This might have been a good plan in 1998, but in 2008 they are playing with fire. In 2008, there is absolutely no discrimination against long term soldiers from being deployed.
HURON COUNTY - The FedEx man delivered more than your average Christmas present last week when he stopped by Commissioner Curt Haag's Sebewaing home. The parcel contained activation orders for the 58-year-old District 1 commissioner to serve more than a year in Iraq.
In the "old days" and those were the days that existed before Bush, the IRR was correctly explained as being a holding bin that would only be used in the event of World War III. Don't believe me? Go ask a 1990's or earlier recruiter. In the grand scheme of things the Army was a three leg stool consisting of the active component, organized units of the Army National Guard/Army Reserve that perform regular training, and the Individual Ready Reserve. To keep the stool legs from going wobbly, the Selective Service system was the "gorilla glue" holding the legs firmly in place.
In the event of a "national emergency," the force was/is designed with the active component being deployed immediately forward, quickly re-inforced by the Army Reserve/Army National Guard for twelve to twenty four months, holes in the force being filled by the IRR while all providing "just enough time" for the selective service system to be fully activated. The civilian corollary would be "just in time" used by manufacturing companies.
Remember that the Army we have today is the same Army we had in 1999 and that is a peace dividend Army. I fully subscribe to the idea that "you go to war with the Army you have" because that is your only choice. However, as a military professional, I also understand that you do not stay at war with the Army you have. Politicians on the other hand made the choice to stay at war with the Army they had.
If the Army today is adequate for our current wartime needs, then it only stands to reason that it was bloated in 1999 and our elected representatives were wasteful with our limited treasure. If the Army of 1999 was of the right size for the era of peace, then it only stands to reason that in 2008, our elected representatives are being wasteful with the very lives of those that are in uniform.
So much for the history, just where does the tire hit the road? On Monday, Brandon Friedman rightfully let things rip with Life in the IRR: Army Career Counselors Harassed My Mom. Every week, members of the IRR receive similar sounding e mails from career counselors all around the country. That all leads to Colonel Joes "Rule Number One." Immediately on transitioning to the IRR, go down to the Post Office and get a post office box. Once you have your box number, go online with Human Resources Command and list the post office box as your address. After doing that, make sure that the phone number they have for you, the sole number is your cell phone number. And finally, make sure that the sole e mail address they have for you is the AKO address that you were assigned when you first entered the military. The account will remain valid as long as you are in uniform. Do not think of this as a way to "avoid" any service obligations, rather they are the only way that you can protect your family and civilian job from aggressive career counselors. The tactics that Brandon listed are common and they will cause severe anxiety with family members who do not understand the system and they will create rumors with your employer. There is nothing worse for your real world civilian career advancement than a rumor that you "might be deployed." I do not give a damn that there are laws "protecting reservists." When the time comes for deciding a promotion between a pool of candidates, I can guarantee that the most qualified candidate who will be here to get the job will get the promotion.
If you are currently sitting and waiting in the IRR what are the chances of getting mobilized, considering that a career counselor has been "warning you" for months? The first infamous IRR mobilization occurred in 2004 and was plagued with the problems. The current round of mobilizations began last November and will continue into this fall. The typical mobilization order has had a report date at the mobilization processing station on the 20th of the month with 21 days of mobilization processing. Some individuals have been pre-assigned to a specific unit, active component or reserve, while some have been assigned to a USARC Augmentation Detachment where they will then be assigned to a final unit.
Some of the numbers available in the open domain are as follows:
From May 2, 2008
Almost 72,000 soldiers serve our nation today in the Individual Ready Reserve (IRR), with approximately 6,500 of those Soldiers currently serving on active duty. These trained, experienced professionals stand ready to individually augment Army units fighting in the Global War on Terrorism.
From June 16, 2007
About 5,700 of the approximately 10,700 IRR members who have been sent mobilization orders over the past three years requested that their mobilization date be delayed or that they be exempt from service, and nearly 90 percent of those requests were granted by the Army, according to Army figures as of March 7. There are now about 2,000 IRR members on active duty, mostly in Iraq.
From the above you can see that there has been a surge in IRR mobilizations in the last twelve months. But how do they pick and choose who wins the lottery? It all begins when the Combatant Commander identifies a specific need for specific vacant position. Essentially the Combatant Commander puts in a request that filters down to Human Resources Command which then takes a look into the IRR pool. If there is a "round hole" and you are a "round peg" then you are a prime Grade A candidate to be mobilized. Recently however, with the more senior ranks, position requirements are being modified away from a specific MOS and are being recoded into branch immaterial, combat arms immaterial, combat support immaterial and combat service support immaterial. If a position that previously was coded for a specific MOS is changed to branch immaterial then it may be filled by any Officer thereby widening the eligible pool. If a formerly Infantry mos is recoded combat arms immaterial then it is now open to any combat arms officer.
So now you have looked at the numbers and are thinking of yourself as a square or round peg and may be wondering what on earth can I do in order to be proactive. Well, if you are a statutorily obligated soldier, you receive your orders and you are otherwise qualified to go, then you are going to do the right thing because you are a soldier and you are going to report for duty. But you also have a duty to the Army and your fellow soldiers and that is to make sure that you are qualified to serve. If you are not qualified to serve, then you are a danger to yourself and your fellow soldiers.
On an annual basis, every soldier in the IRR has to sign a notice on their military anniversary date if they have any medical disqualifications. Do not be bashful and attempt to hide anything. It is bad for yourself and bad for the Army. Every IRR Soldier should download a copy of AR 40-501, Standards of Medical Fitness and become thoroughly familiar with that regulation. If you have a disqualifying condition, and there are many, it is your responsibility to seek civilian treatment and to notify Human Resources Command. If you have a disqualifying condition that is reported early, it is likely that you will be separated from the Army Reserve (IRR) before your statutory obligation is completed and before you are ever mobilized.
But what do you do if you are in the IRR and have just received the dreaded thick brown envelope? The best advice that I can give is that from CPT Kevin:
1. Asking for an exemption is YOUR RIGHT. You have every right to request an exemption no matter how "strong" or "weak" your case may be. That is for the board to decide not the person on the other end of the phone when you call. So, they will say, "Well, you won't win", you politely say, "Thank you for your opinion now, where are the forms"!
2. ALWAYS APPLY FOR AN EXEMPTION. The worst that can happen is that it is turned down and you have to go but at least you bought yourself some time. Also, if you apply for an exemption they may grant you a delay. However, if you only apply for a delay, you will never get an exemption.
3. You have TWO WEEKS. Do not delay. I advise anyone, even if you have not received orders yet, to begin developing your packet. Time is money and if you are late, they can deny you since it was an untimely submission.
4. Everything is in writing! When you do talk to someone live, ask for their email address and FOLLOW UP the conversation with an email confirming everything they said and you said and the agreements made. Keep a journal of everything you do, write and say. You may need this later on. You cannot say to a panel "Well, pvt snuffy told me... ". It must be in writing.
5. Be prepared to get your Congressman involved if for no other reason than to have an independent viewer to ensure all regulations are followed.
6. Lawyers - By all means if it makes you comfortable go ahead and hire one. I do not, however, think your chances go up with one. In fact, most know very little about this procedure. Many times, I have actually been contacted by lawyers asking ME questions that then, I am sure, they charge their clients for the answers.
And to quote "The Hitchhikers Guide to the Galaxy;"
DO NOT PANIC
Go have a beer or two if you need them but you are now going to need a clear mind to prepare yourself for actually being mobilized or preparing the best case for a mobilization exemption. As CPT Kevin states, this is something you can do yourself and you do not need a lawyer, however if your civilian profession is such that the cost of mobilization is economically too large, then the cost of hiring a lawyer may be economically "insignificant" but psychologically very valuable. In that situation, my advice would be to spend the money, stop worrying and go back to concentrating on your job where you will earn far more than you spend. But if your salary in the civilian world is about the same as in uniform, again do not panic because this is something you can do yourself.
Whatever you do, do not call Human Resources Command the day you receive your orders. The day you call them is the day a two week suspense begins. Your mobilization report date is probably a month away. There is very little that they will do for you so it is foolish to start the clock. You can literally call them the day before your report date and begin the exemption process. I would not want to wait that long because you may forget, but use that extra time in order to build a packet that is bullet proof. If you are careful with your timing, instead of having two weeks to prepare a packet you could have six weeks and that will be time well spent for many reasons. Once you submit your request, you will receive an automatic delay;
A soldier who submits a delay or exemption request will not be mobilized until their case is adjudicated.
As a matter of routine, that soldier will receive an administrative delay if their case cannot be adjudicated before their scheduled report date. Army Human Resources Command will notify the soldier by phone and in writing of an administrative delay. That administrative delay will allow for a thorough review of information and documents provided by the soldier. Administrative delays are not unusual "special favors." They are granted in accordance with standard operating procedures that exist to ensure a soldier's situation is carefully and completely considered. Instructions on the appeals process are provided to soldiers who disagree with the findings of the Delay and Exemption Board.
Step one in preparing an exemption packet is to determine the valid reasons as to why you should be exempt from mobilization and why you should be discharged from the military. These need to be reasons for the good of the Army. The first logical path is that you no longer meet the medical retention standards in AR 40-501. Here you need to literally sit down with your civilian personal physician and go over the disqualifying conditions, line by line in Chapter 3. Next you need to thoroughly read Army Personnel Policy Guidance (May 2007), from the link here at VetVoice. This must read document, completely outlines the process and other reasons, in addition to medical, that may apply for a mobilization exemption.
The key is to leave no stone unturned. If you were promoted without attending a required school, bring it up. If you are not eligible for a security clearance and need one, you need to bring that up. You want to ensure that your packet lists every bonafide reason in the interest of the Army as to why you should not be mobilized.
As I implied earlier, this is simply a methodical process. You need to first identify by regulation and/or policy every possible reason, even if the support is weak. You then need to quote the regulation and/or policy in your packet as you can not assume the board is familiar with the regulation and/or policy. You then need to provide all manners of supporting documentation that support your reason. State your reasons, state the regulations, give them written support, it is that "simple." If you feel a need to self grade your packet, the thicker the better!! You want the board to understand that if you are mobilized that they have failed in adhering to Army regulations and/or policies. If you can do that, you will never need to worry about an appeal because you will be granted an exemption.
After a few years in the Army you may be puzzled as to why the KISS (keep it simple stupid) principal has been tossed aside in what may be your final official act in uniform. The problem is that you do not know which bullet point will be embraced by the board so you have to get everything on the table. You also have to realize that in the appeal process, you will not be able to bring up new issues that have been omitted. You will however be able to expand and clarify what you already put on the table such as medical conditions not responding to treatment. Some medical conditions specifically require a completed and successful trial period before you can be mobilized. This may be a period where you need to have several changes in medication to find out what works.
Just in case your reasons for total exemption might ultimately fail, you also need to include reasons for deferment. Reasons for deferment are typically based on personal hardship. Here you are relying on the charity of the board. This could include family medical reasons, wrapping up civilian job requirements, finishing a semester at college or even finishing a degree that makes you more valuable to the Army upon completion of the degree.
How long can the process drag out and do you even want it to drag out? If you time your packet and the multiple appeals just right, it is possible to drag the process out for a year. If you are within a year of completing your statutory obligation, you can probably get out of the Army "just in time." There is the possibility of a stop loss applying to you but that will be contingent on you being assigned to a specific unit, but that unit in which you were originally assigned to will be preparing to return to CONUS by the time you are at the end of the process.
What are the chances for success? Well at a minimum, the process itself will keep you out of Iraq for a year and that is indeed very valuable. No one can say what US Policy will be in Iraq next year. Remember, that the needs of the Army could necessitate that you are just not that valuable to them in 2009. Regardless, according to Human Resources Command, "More than fifty percent of those who submit requests for delays or exemptions are approved."
Are there other options? Yes, and for those you need to contact one of those career counselors. I would suggest contacting them solely by e mail using your AKO account so everything is in writing. There are programs out there where you join a unit with a two year mobilization exemption and also have your statutory obligation reduced for the time you are in a unit. The career counselors are selling it as a "get out of jail card" to soldiers that have four or more years already in uniform because it will get you to six years and an early discharge. But heed this warning, make sure that the unit you are planning on joining is not a likely mobilization candidate. If the unit is mobilized on the 23rd month of you joining the unit, you are going to be mobilized. I would highly recommend that you join a training unit such as the 100th Division (Institutional Training) and consider becoming an instructor. In order to do that you may have to agree to commute beyond the regulatory "reasonable commuting distance" but when you are facing a "commute" between Baghdad or Louisville, I will take Louisville any day. |