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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 116816
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I Palace Chased from Active Duty Air Force to the Reserves,

Customer Question

I Palace Chased from Active Duty Air Force to the Reserves, I was Active Duty for 3 years 10 Months and have been in the reserves for 11 months. When originally speaking to the reserve recruiter I was told that I would be able to get out in June 2015 because I was only 2 months from my AD date of separation and needed to complete a minimum of 1 year of my Palace Chase contract. I did the paperwork and got everything approved, I had a civilian job lined up and had enrolled in full time college. When I went to sign the papers the contract said that I would be in until June 2016 instead of June 2015. I spoke with my leadership and they said I have to fulfill my reserve contract until June 2016 and if I do not, I will be recalled to active duty.
Now I am working full-time, going to school full-time, and am in the reserves. It is too much to for me and is affecting my family life. I looked at the contract to see if I could find any mistakes and the only thing I could find was in both section 14 g and 18 g the zip code is###-##-#### I know I am reaching, but would that be enough to get me out of the contract?
I am using the G.I. Bill to go to school and I have a TS/SCI clearance for work so I can't just stop going to UTA weekends because a dishonorable discharge would affect both of those things.
Any assistance or advice would be greatly appreciated.
Thank you,
Submitted: 2 years ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that a typographical error of a zip code or address or even name is ***** ***** to void a contract, especially one that you signed. The courts hold that when someone signs a contract, they have been deemed to have read the contract, understood the contract and agreed to the terms.
I am afraid that you cannot use the birth of your child or his sickness as a way out of the contract.
They do not make these contracts so people can just cancel them. I am afraid that you would need to have your own medical condition to use to get out of the contract, but other than you having a medical basis I am afraid you are not likely to get them to agree to let you out of the contract unless your command would agree to release you.
Customer: replied 2 years ago.
If my Palace Chase reserve contract states that my DOS is June 2016, would I be able to apply to go on IRR status once I have met the minimum 1 year requirement, per section k on AF Form 2631?k. My PALACE CHASE contract expiration date will be triple my remaining active duty service commitment (ADSC) for officers or double my remaining term of enlistment (TOE for enlisted) for a minimum of 1 year and a maximum of 6 years, unless separating under Force Management programs, then I accept contractual service obligations under these programs.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
It is up to your command about allowing IRR status once you met the minimum one year.
Customer: replied 2 years ago.
Thank you very much. I just wanted to clarify with you since they were telling me I HAVE to do the 2 years or else I will forced back to active duty.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
That is up to your command and your contract terms, you need to approach your command. If your command is telling you that, you would legally be stuck with what they state.

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