The Drumbeats of War Are Getting Louder
Posted: November 13, 2023 Filed under: Admin Actions, Exemptions From Involuntary Mobilization, Futures Preserved, IRR Delay and Exemption Updates, REFRAD, Unqualified Resignations, UQR Leave a commentUkraine and Russia. Gaza more recently, along with Air Strikes in Syria last week. And then there’s the more or less constant, background thrum associated with China.
Whenever the drumbeats get louder, the military will, understandably, want to hold onto whatever resources they have, with an eye towards augmenting same in anticipation of more conflict to come.
We haven’t seen or heard anything yet, that DoD broadly — or the Army specifically — is thinking about reinstating the IRR involuntary mobilization policy which was in place from roughly 2003-2010 — the Iraq, Afghanistan, surge timeframe. But, increasing war clouds generally signal that any personnel action, such as a REFRAD or UQR, will be subjected to tighter scrutiny.
On the other hand, commanders and their SJAs and JAG assets sometimes get a little less vigorous with Boards of Inquiry (BOI) and Show Cause actions in these times. You want to hang onto people, not eliminate them. So, there’s more opportunity now to have a favorable discussion with an SJA, a deputy or a Chief of Justice looking to make a recommendation to their CG or Brigade Commander viz what to do with a particular case/officer/Soldier.
If you or someone you know is considering – or in the midst of – a REFRAD or UQR action, or, if you’re facing a Board of Inquiry (BOI), give us a call or shoot an email. We’d be happy to discuss your situation thoroughly, free of charge. Bill Meili, 214 363-1828 or info@meililaw.com
Army Aviators ADSOs Extended and 1,500 Active Duty To The Border
Posted: May 3, 2023 Filed under: Announcements, Exemptions From Involuntary Mobilization, IRR Delay and Exemption Updates, Leadership, REFRAD, Unqualified Resignations, UQR Leave a commentCouple of recent headlines caught our attention this week. The determination of when an officer’s ADSO actually ends can be a bit dicey, what with BRADSOs and PCS changes adding time onto already existing active duty service obligation requirements. When you throw in the additional service times linked to things like completion of flight school or medical school — basic and post-graduate, it can get cumbersome.
And so the news last week that HRC announced a turn-around in policy re aviators’ ADSOs I thought, well, that’s going to upend lives, plans and near-term futures in a big way. I did see something in a news release about HRC saying that it would look at individual requests on a case-by-case basis from those affected by the policy re-interpretation. My translation on that is that as with UQR and/or REFRAD requests generally, officer applicants with hardships which can be substantiated — on a case-by-case basis — have the best chance of securing an HRC approval. And we’ve been helping officers effectively articulate and prove (ie substantiate) their individual hardships for decades. It’s one of the important things we do.
On the other headline — the 1,500 active duty troops apparently heading to the border with Mexico in the coming month, that’s interesting. The Posse Comitatus Act prevents our military troops — active, Reserve or Guard — from performing direct law enforcement work. That’s reserved for local police, sheriffs’ departments and Border Patrol agents primarily. The military can “assist” those local and federal personnel and departments, and support them with material/equipment, technology, and intelligence assessment and gathering among other things, but the lines between this support and active (direct) law enforcement can get a little murky pretty quickly. In addition, we’ve had a Texas Army National Guard operation down there on the border for a couple of years now at least. The influx of active duty Army troops, with their accompanying chains of command and lines of communication, will have to, “blend,” with existing Guard operations, and that won’t be easy even under the best of scenarios. Strong, experienced and focused leadership, top down, will be essential in order to figure out (1) what the mission objectives are, (2) how best to realize those objectives, and (3) how to assess — constantly, literally day by day — the changing situation on the ground.
Moreover, in a piece I saw this morning, it said that the active troop presence is supposed to be/might be temporary, which translates in my experience to Reserve and or Guard forces being brought in to replace and augment the active duty folks when they rotate back to home station. So, if you are Reserve or Guard, and you haven’t seen a warning order yet for mobilization in support of Border ops, check things out with your unit — it might be coming down the pike. And, if you simply have too much on your plate, family, civilian job, military responsibilities — all of the above — we might be able to help with an exemption from involuntary mobilization IAW AR 601-25. It’s also something we do, and have done for the past twenty years.
Feel free to give us a call: 214 363-1828 or drop an email: info@meililaw.com. We’d be happy to visit with you about possible concerns you might have with any or all of this. Very respectfully, Bill Meili
UQR Journey Ends Successfully — Finally!
Posted: April 11, 2023 Filed under: Announcements, Client Care, Officer Resignations, Unqualified Resignations, UQR Leave a commentIn August 2021 we started work for an obligated Army officer who wanted to file a religious accommodation request for the COVID vaccine mandate. Guiding that request through a number of command channels was difficult as the services were coming to grips with a logistical nightmare on several fronts. The packet went up, only to be kicked back for “more information.” This went on for several iterations before it finally made it to a group or division level. And once there we learned that it would take many more months before the request even made it to the Surgeon General’s office making the final call.
Meantime, our client remained educationally unqualified and non-deployable because without the vaccine — and/or without a special authorization from the SECARM — he wasn’t going to any schoolhouse anywhere. Frustrating to say the least for this outstanding officer and performer, who only wanted to serve and use his professional talents for the benefit of all parties. After more than a year of being in limbo — with no end in site — we decided to morph representation into an Unqualified Resignation (UQR) request. And still there was pushback — and further packet send backs — from his command chain; all of which further added to the frustration and the lack of any meaningful service opportunities. As a friend and colleague said to me along the way, “we’re shooting ourselves in the foot with this whole COVID thing.” Amen!
It took discussions with a brigade commander, and a final buy in and support from that level, to get the action moving past division and on to US Army Reserve Command (USARC) for further processing and ultimately a final approval — nearly a year and a half after my first phone call with our client. And still there were several back and forths of the packet from USARC to the client’s local unit, due to the recent complete overhaul and migration of the Army’s digital personnel system.
It shouldn’t be this way. It shouldn’t take this much effort. This client had the wherewithal and resources to bring a team like ours on board to shepherd the process, but what about so many others who didn’t or couldn’t? Don’t get me wrong. I’ve spent a career in and around the U.S. military, and I’m a big fan for many reasons. But this latest case left me wondering how we can ever engage with and defeat enemy threats if we treat our own — our best and brightest human resources — the way my client was treated.
As I’ve said before in this space, if you or someone you know needs help navigating a UQR or a BOI/Show Cause action, give us a shout: Phone: 214 363-1828 or shoot an email: info@meililaw.com Thanks.
Some Good Results Recently
Posted: May 23, 2022 Filed under: Announcements, Client Care, Exemptions From Involuntary Mobilization, Officer Resignations, Transfer to the IRR, Unqualified Resignations, UQR | Tags: Successful Case Resolutions Leave a commentWe’ve had several UQR approvals come down from HRC the past several months, and grateful for those. Additionally, a client who was struggling and feeling “trapped” in his situation has been moved into the DES (Disability Evaluation System) track. This officer’s testimonial will soon be up on this site, and is up as of this morning on my Avvo.com site. http://meililaw.com/p/military-law-attorney-Disability-Evaluation-System-(DES)-Representation-p59366.asp. Additionally, happy to report that 3 new clients — whose cases (one exemption from Mobilization, one IRR transfer, and one COVID Vax refusal UQR) were all frustratingly stalled — have seen significant relief just in the past week/ten days. That’s a good news story any time.
If you, or someone you know, is facing an increasingly frustrating or career threatening situation, give us a call. We’d be happy to discuss whatever’s going on.
Thank you for your continued support, trust and confidence in what we do.
Bill Meili, 214 363-1828 or info@meililaw.com
UQR Approved For An Active Duty Army Officer with an HPSP Interface
Posted: August 4, 2021 Filed under: Announcements, Careers Saved, Client Care, Unqualified Resignations, UQR | Tags: Successful Case Resolutions Leave a commentWe heard this past Monday that our Client’s UQR request had been approved. And want to relay that a lot of folks had a hand in this, and also want to acknowledge that assistance and expertise up front. What was special about this case was the speed of the process. There were certain factors at play with client’s HPSP scholarship, his seat in medical school, the start of the academic year, funding (i.e. tuition being paid from HPSP) in order to keep that seat, not to mention the timing of terminal leave and final clearing. Many plates up in the air spinning, and all contingent on the cutting of discharge orders and an effective separation date.
Process usually takes — under “normal” circumstances 4 months or more. But in this case, it took only about 30 days from the time Client contracted for services to the UQR being approved. And I have to say, it couldn’t have happened to a more worthy, deserving candidate/Client. Not that it should take anywhere near 4 months for a UQR to make its way through the bureaucracies of HRC, and then G1 Pentagon, followed by ASA (M&RA) and then back down to HRC where the orders are actually cut … but that is unfortunately more or less par for the course. To its credit, HRC is working to streamline and simplify the process, but it might well take a change in the governing regulation.
All to say, it was a bit of a challenge in this case to get things in place and the right people, in the right positions all pulling oars in the same direction. But it happened, and now the Army gets to have the opportunity to have a remarkable young officer direct his energies in becoming a medical doctor who will someday wear the nation’s uniform to serve his fellow Soldiers as an AMEDD officer.
As we’ve said before, it’s really nice when the Army gets it right!
If you’re facing a situation where you need some help guiding a UQR through the bureaucratic maze, give us a call, or shoot an email. Office: 214 363-1828; Cell: 214 536-3888; email: info@meililaw.com.
Bill Meili, Attorney at Law - Military Law and Show Cause Board of Inquiry Defense 