Legal Question in Military Law in New Hampshire

MOS Unable to qualify

My son will finish basic. He is worried if he fails the tough physical reqs. for his diving MOS the Army will put him where they want. I feel they promised him this job in his contract and if they fail him on the pysical end he should be entitled to pick another MOS he likes, not be put where the Army wants to put him. What is the procedure on this and if they do not fulfill there end(ie promised trasining) do they breech contract?

Thank you

Carl Hall


Asked on 7/24/07, 12:38 am

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: MOS Unable to qualify

There have been cases where failure to provide training has meant a breach of the contract of enlistment. In most cases the Army places him in the MOS for which he is physically qualified and for which the Army has the greatest need. Often this means "transportation specialist" (truck driver) and I can surely understand why he would not want to do a job that is in great demand in Iraq.

Your son's best bet is to do everything possible to pass the PT requirements for his job. If he fails, the Army will likely send him to an MOS that requires minimal training and for which he will likely get very little, if any voice.

Judges are unlikely to intervene absent some misrepresentation by the Army.

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Answered on 7/24/07, 10:05 am


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