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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18809
Experience:  Lawyer and current JAG officer.
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My son just enlisted in The army and took the AVB, went

Customer Question

My son just enlisted in The army and took the AVB, went through MEPS and took his first oath and signed a contract. I have read through various military forums that he can opt out before a second oath and leaving for basic. The forums have said that recruiters
can be sore losers about this and use intimidation and false threats. He actually has a very good reason to opt out as he just a received a notice from the police to start his processing. Is it true he can opt out before a second oath?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.
That depends on whether or not he signed up for active duty or the reserves/national guard. What you have read is correct, but it is a Department of Defense directive that only applies to active duty applicants. They are the only members that take two oaths...one as they sign up and then one right as they ship for basic training. If he signed up active duty, then yes he can simply state that he is opting out, in a letter to the recruiting station commander. That directive is DOD directive 1332.14 Technically, the recruiting station commander doesn't have to approve of the separation request, but I have never personally seen one denied and I do know that even when they have been disapproved, if the recruit still didn't ship for basic, they didn't get into trouble. No one, since our institution of a fully volunteer force, has been prosecuted for refusing to ship for basic training if they signed up active duty (so over 20 years now without a prosecution).

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