Federal Technicians With Allegations of Misconduct in the National Guard – “Dual Status”

We represented a Sergeant who is a National Guardsman who needed his National Guard retirement. This  National Guardsman was a “technician,” which means that he is a drilling National Guardsman, “a weekend a month,” but also had a full-time federal civilian job in the MI National Guard.

These hybrid positions are unique to the National Guard as even the Army Reserve doesn’t have such jobs.

Our Sergeant ran afoul of the rules and the Adjutant General ordered that he be discharged from the military.  If the discharge were to have become effective, he would have lost his Monday to Friday job.

We averted the military separation.  Because the Sergeant had over 18 years of good service towards retirement, that put him in “sanctuary.”  Only the Department of the Army Secretary or designee can discharge someone that close to 20 years and retirement.

Good advocacy does not stop after a separation board.  The best advocacy occurs before or after the Separation board but the Trial Defense Services TDS lawyer failed this Soldier, I must admit.  I was a National Guard TDS lawyer and most do a wonderful job and we do not undermine those relationships.  We support them.  Just make sure your lawyer is thorough, diligent and provides advocacy before and after the ASB or administrative separation board.

If this is remotely similar to your situation, you need to keep your “civilian” federal job and do not resign without legal advice first. You have protections and quitting your federal full-time job does not allow your lawyers to reverse that decision later.  You need to maintain your salary and healthcare.

We suggest that you obtain competent legal counsel and with over 100 years of National Guard / Reserve service, as Judge Advocates and paralegals, we would like the chance to zealously advocate for you.