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Thank you for the information and your question. Unless you have a legitimate reason for an early out, such as a disqualifying medical condition, pregnancy, sole surviving child, etc., you don't have a legal right to get out of your active-duty contract. Whether or not you are released from active-duty and accepted into the Reserves is entirely up to the Army. They would have to want to release you for some reason, like what I mentioned above. Of course, misconduct would also likely get you released, but then you would not be going into the Reserves with misconduct.
You can try speaking to your chain of command about why it is you want to be released, or the chaplain if this is a personal crisis of some kind, and see what they say. But, this isn't something that is routinely approved and the Army really has no reason to agree unless you are disqualified from service for some reason.
Please feel free to ask for clarification if needed.
Thank you for your reply. I have to be honest and say that it would be very unlikely. Without what the Army considers a legitimate legal reason, they aren't likely to approve the transfer. The only incident where they might is if they have accessed too many soldiers for the billets they have available, which doesn't happen very often.
Yes, sometimes. Recently, there has been a limited change in regs that has allowed for early outs after completion of a specific length of service and within 12 months of the end of their EAOS, for certain servicemembers. But, that change could be cancelled at any time. I believe that the reason the services have been able to have that change was due to the need to cut back on active-duty personnel because of Federal budget cuts. That may change in the future with a different Congress and President.
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