OCONUS Curtailment question

[SOUTH]

I PCSd from CONUS with return rights on a 3 year tour. After a year at the OCONUS PDS I submitted a curtailment package due to a health issue. It appears the package will be approved.

I have read the JTR, Defense Instruction Number 1400.25 Volume 1230 Return Rights, and USC 1586. The Rotation Agreement (DA FORM 5369) I signed was for 36 months. I cannot find where it clearly states "curtailment" will allow an individual return rights and PCS to old PDS.

Is there anyone out there with experience on this subject that can provide a clear answer?

[mjedlin66]

I don't think return rights are governed by the JTR. Return rights are solely an agreement between you and your originating command.

As far as I know, curtailment will allow you to exercise your return rights. But your best bet is to contact your CONUS HR and ask.

[23V23C]

The OPM site might also give you some extra info on Civ PCSing and return rights

[ArrieS]

Is there anyone out there with experience on this subject that can provide a clear answer?

Return rights are covered by DoD Instruction 1400.25.

i. Career and career-conditional employees in the competitive service who are employed in the United States or in a nonforeign area and who accept an assignment in a foreign area or in a nonforeign area different from the one in which they are currently employed shall be granted statutory return rights in accordance with section 1586 of Reference (h) for a period of 5 years if continuously employed in a foreign or nonforeign area. This policy:

(1) Applies whether the employee moves to a position with the same DoD Component or with a different DoD Component.

(2) Applies to both the initial movement and any subsequent movement within the 5-year period (e.g., the employee initially moves to a position with the same DoD Component, and subsequently moves to another foreign area position with a different DoD Component).

(3) Does not apply to employees assigned to nonappropriated fund positions.

https://www.esd.whs.mil/Portals/54/Docu ... 5v1230.pdf

If they granted you return rights before you left than you should have those rights regardless of why you are coming back short of being fired for fraud or something.

I learned all about this the first time I thought I was going overseas. Every time they promised me an accompanied tour and a few days before travel orders are issued they change it to unaccompanied forcing me to back out.

[Scorpio70]

"I learned all about this the first time I thought I was going overseas. Every time they promised me an accompanied tour and a few days before travel orders are issued they change it to unaccompanied forcing me to back out."

I had a buddy in the Army that had played in the NFL and his wife was independently wealthy. The command was having a hard time getting soldiers wives to Germany, so his came over and got an apartment. They told her she couldn't do that, and her response was she was pretty sure as an American citizen if she had the money she could do as she pleased.