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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My daughter is about to enlist in the NJ National Guard, followed

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My daughter is about to enlist in the NJ National Guard, followed by ROTC in college. She will supposedly be given a basic training start date for some time in January 2014. What do we need to look for in the contract to assure that she won't be shipped out immediately, and what other pitfalls do we need to look for in the legalese of this vast document?

Thank you for your question. Please permit me to assist you with your concerns.

I congratulate your daughter on the choices that she is making. At the same time I have to be blunt and honest and state that the contract you are signing is based on 'need', specifically of based on 'need' of the US government. That means that if there is an emergency and there is pressing need, this branch can indeed ship her out immediately, and can withhold sending her to ROTC until the deed passes. That is very highly unlikely to take place, but such language exists in all military and quasi military service agreements, and something that your daughter cannot modify, change, negotiate out. An agreement to service can be extended at the nation's discretion based on need, which is likewise something you cannot remove from the document or negotiate to better terms. What you can look for are dates, specific dates showing when training should begin, or around what time, but please know that those dates are generally subject to change, and while I can understand your concern and a desire for a direct agreement, military and quasi military service does not regrettably work like that. Only if they in the agreement file clauses, conditions, and a guaranteed timeline could you try to hold them to it, and even so this 'need' claim I mentioned above could permit them to rescind and modify the agreement.

Good luck.

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