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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27110
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Im an 0311 in the USMC, I was originally on a 4 yr contract.

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Im an 0311 in the USMC, I was originally on a 4 yr contract. In boot camp I was selected for Presidential Support program. I had to sign a Page 11 to extend my contract to 5 yrs. I know its possible to get this taken yr taken off I just dont know how. We were originally supposed to do 3 yrs in the program and 2 in the fleet, but with money drying up I will be stuck here. I just want to be back a my 4 yr contract. Help please!
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Marine, I am sorry to have to bear bad news.

There is not an easy way out of this. Specifically, it is not possible to simply "undo" the contract you signed (including the one year extension). You are in contract, and the Marine Corps will hold you to that contract.

Now...not to say it is not possible to leave your contract early. It is. That is, it is possible to leave the service prior to the end of your contract...but to do so will require an administrative separation. Specifically, you would need to request separation based on one of the many provisions of the MARCORPSEPSMAN (Marine Corpos Separations Manual). You can see that regulation here

http://www.hqmc.marines.mil/Portals/61/Docs/FOIA/MARCORSEPMAN/MCO%20P1900_16F.pdf

Chapter 6 is the part that applies.

There are several ways specified under the MARCORPSEPSMAN that specify early release. If you can accept a 3 month early release, you can apply for the early release for education (section 6405). If you are experiencing a hardship with your family, you can apply for a hardship separation under section 6407.

I would urge you to review Chapter 6, specifically section 4 (6401 - 6421) as this is the section that applies to voluntary separation.

Specifically, there is paragraph 6421...this is the "catch all" provision...it allows discharge for "good of the service". If your goal is to get out early, and no other provision of section 4 applies, then you can apply for a "good of the service" discharge. You can include, as a basis, the fact that your orders have changed due to budget constraints.

BotXXXXX XXXXXne: they will not simply "knock off that year". That is not possible at this point. But it is possible to get our early under the MARCORPSEPSMAN. The key is to get your chain of command to support. If your battalion commander will support your request, you can be released early, with an honorable discharge

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27110
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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