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I signed enlistment papers for the Armed Forces 4/5/13 and

was under the understanding that...
I signed enlistment papers for the Armed Forces 4/5/13 and was under the understanding that I enlisted in a DEP and as I look at my contract section 8 a. is blank. I was not allowed to read the contract but just asked to sign. I need to know my options as I made an error and request that I be discharged from the DEP of the Army.
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Answered in 55 minutes by:
4/7/2013
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,710
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Can you tell me, was the enlistment into the National Guard? Or into the regular Army?

When is the ship date?
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Customer reply replied 4 years ago


enlistment in Army Reserves


 


May 20, 2013 is the date to go to training camp


 


 

The reserves make it more complex...tell me this, have you attended any drills with your unit?
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Customer reply replied 4 years ago


No, as I just signed up on 4/5/13, last Friday

Thank you.

This is a bit of a "grey area"

If you had signed up for active duty (full time Army) then under current Army policy you could simply refuse to go to bootcamp and they would separate you with an "entry level separation" (ELS). This is a "neutral" characterization that is not as bad as an "other than honorable" conditions discharge (OTH)

But that policy only applies to the regular army. It does not apply to the reserves.

So if you do not go to bootcamp, technically the local commander (the one you are to report to after bootcamp is complete) could process you for an OTH discharge.

This requires they give you notice in writing and a chance to have a hearing (to determine if an OTH is appropriate in your case)...so even though they can issue an OTH often they do not go to the trouble and simply award an ELS.

So if you do not go to bootcamp, you take a risk they run you for an OTH.

What can you do?

You can request, to your commander, that they release you from your contract. You would do this in writing. They may grant your request and separate you

If they do not (or if they do nothing), then you run a risk of an OTH discharge if you do not go to bootcamp.

Still if the goal is to avoid the service, you can refuse to go to bootcamp...just understand that could result in a poor discharge

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,710
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Customer reply replied 4 years ago

With an ELS would I be aloud to re join the Army at a later date?

Typically no. Once you get an ELS, you will be given a reentry code that makes it difficult, if not impossible to reenter.


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