Legal Question in Military Law in Pennsylvania

PA ARNG Resignation of Officer and Timeline of Request

I am a CW3 Officer in the PA ARNG. I have recently submitted a resignation to my unit commander (July 10th). My unit has been alerted for deployment to Kosovo (peace keeping) for 18 months beginning end Oct. The official orders have not yet been received. Although I submitted formal resignation on 7/10/04, every effort has been made by my unit commander and colonel to avoid my request by not forwarding my resignation and equipment turn in to Headquarters in Anneville, PA. My ?'s are: is there a timeline that they must abide by? Are they holding my resignation so I get caught in a timeline where I cannot get out because it is too close to deployment? Can I resign even though the alert has come down? How do I get them to process the paperwork they've been ignoring? What are my rights? (I am a 23 year Gulf War Veteran and pilot with the PA Army National Guard.) Please email as time grows nearer and nearer. My civilian job is as a helicopter pilot protecting Homeland Security interests and power lines. They have already denied my hardship exemption requested by Congressman Murtha. Please advise on how to move my resignation along the correct path in a timely fashion.

Thank you for your help in this critical matter.


Asked on 8/19/04, 7:38 am

2 Answers from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: PA ARNG Resignation of Officer and Timeline of Request

There is no timeline for the processing of your resignation. This would be a good time to get your Congressman involved again, asking the question of why they have not acted on your request. As you know, there is no absolute entitlement to resign at your convenience. Regardless of when you submit the resignation, it can always be denied.

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Answered on 8/19/04, 7:56 am
Steven Brand Steven Brand, Attorney at Law

Re: PA ARNG Resignation of Officer and Timeline of Request

Dear Chief,

There is no timeline for your request. However, we could look into the possibility of filing an Article 138 complain against your commander for not taking action on the request. The first step would be to submit a request for redress for what has harmed you--in other words, a formal letter to your commander asking that he act on your request. If he fails to respond within (I believe it is 10 days) we can then file an Article 138 complaint stating that the commander has acted arbitrarily and to your detriment in not forwarding the request. We could have you reengage your Congressman, but I'm not sure how well that may help with the short timeline. Feel free to call me at 512-259-7324 to discuss options. My information is on my website at www.courtmartialbrand.com. Sincerely Yours,

steven Brand

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Answered on 8/19/04, 10:40 am


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