Need help with BEAR Program to 38B

I am an SSG with an ETS date of 27 June 2013. I am currently eligible to re-enlist under the BEAR Program. I have over 10 years TIS and currently serving as a recruiter, my actual MOS is 19D. I wish to convert to 38B Civil Affairs. I understand that it is a packet submission MOS, and I am working on that now.

However, I have just recently come down on assignment instructions (not orders) to go to Ft. Stewart in July 2012. Due to my current situation, I have been told that I have to re-enlist for indefinite or sign a DEC statement.
I have been informed by my career counselor that I cannot sign under the BEAR program until the packet is completed and accepted. My branch manager has stated that he will not take me off orders to Ft. Stewart, which is the reason why I have to re-enlist now.

After reviewing RMT Message 12-09(C1), dated 3 October 2011, I found that Para. 6-e states: e. Soldiers requesting CMF 18, MOS 12D, 35P, 37F, 38B, or 89D may request entry into the BEAR Program regardless of their In/Out Calls. If you cannot make a Soldier eligible in RETAIN and the Soldier is requesting one of these MOSs, place the Soldier in a "FAIL" status when processing for eligibility and RMT will override.

I believe that my career counselor is just trying to hurry me along to make either, numbers, or get me out of the way. What I would like to know is if the statement above that specifies that if I am not eligible in RETAIN in requesting one of these MOS’s I should be put into FAIL status, should I be able to re-enlist under the BEAR Program and put in a FAIL status, while I await packet completion and acceptation.

It is understood that if for some reason, the packet submission does not go through as planned, or I do not pass or complete the requirements to obtain the MOS, 38B, I would continue in my old MOS as needs of the army.

If anyone can help me, it would be greatly appreciated.
Original Post
For BEAR Eligiblilty, IAW AR 601-280 para 6-5:
e. Soldiers, other than initial term Soldiers, must not have been alerted for reassignment at the time application is received at HRC. You've just said yourself that you were on assignment. (by the way, on orders is just another way of saying the correct term which is alerted for assignment).

Your CC is just following DA guidance as referenced in para 4-12:
b. (POL MSG 11-01)The Career Counselor will initiate a DA Form 4991 (that's the DCSS) after a Soldier has been on assignment instructions for more than 7 days but not later than 45 days from EDAS transmittal date and has not taken action to meet the SRR for the assignment.

Your only option is if Branch will remove you from assignment instructions.

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