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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 16123
Experience:  Lawyer and current JAG officer.
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hello,my son failed his college semester and out of stress

Resolved Question:

hello,my son failed his college semester and out of stress and anxiety went and signed initial contract,took first oath and gave asvb exams,later he is still has to sign more papaers. He changed his basic training ship date to september. now he realised he did everything under stress and he does not want to join navy and want to do different major in college. how can he gets discharge which does not impact his future education and career.
thanks
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

 

Did he join the regular navy or the Navy reserves?

Customer: replied 1 year ago.

active navy.he has not gone for boot camp yet


 

Expert:  Allen M., Esq. replied 1 year ago.

Ok. He needs to send a letter, return receipt requested, to the recruiting station commander which states specifically that he is opting out of the Delay Entry contract according to Department of Defense (DOD) Directive 1332.14 which allows enlisted individuals to simply get out of their agreement before they leave for basic training.

 

Once he has sent that letter, he's out.

 

The recruiter may whine and complain, threaten to send him to jail, or tell him that he needs to arrive for basic and then get out.....these are lies. If he arrives for basic and swears in the second time, he is legally bound and leaves at the military's pleasure.

 

 

Customer: replied 1 year ago.

will he get any discharge letter,can he start taking his college classes or has to wait for reply

Expert:  Allen M., Esq. replied 1 year ago.

No, he won't get any discharge paperwork because he was never in. He is not officially in right now, so he can't be discharged.

 

He can start taking college classes.

Customer: replied 1 year ago.

thank you and have a blessed day

Expert:  Allen M., Esq. replied 1 year ago.

You too. Take care.

 

Please take the time to rate my service.

Customer: replied 1 year ago.

hello please last question,he will not be declared awol,if he does not go to boot camp

Expert:  Allen M., Esq. replied 1 year ago.

No. He is not in the military. He needs to do as I've said and send that letter to the recruiting station, with the specific DOD Directive mentioned.

 

 

Customer: replied 1 year ago.

ok thanks a lot

Expert:  Allen M., Esq. replied 1 year ago.

Take care.

 

I need to have the last word, or it tells me I have an answered question.

Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 16123
Experience: Lawyer and current JAG officer.
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Allen M., Esq.
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Lawyer and current JAG officer.