Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My son has entered the DEP program with the Iowa National…

My son has entered the...
My son has entered the DEP program with the Iowa National Guard. However, he now wants to get out of the DEP and enter the Air Force as a regular, full time airman. How can he get out of the DEP?
Show More
Show Less
Ask Your Own Military Law Question
Answered in 2 hours by:
3/21/2018
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,653
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Ask Your Own Military Law Question

I am sorry for this dilemma. But I do not understand your specific question. What do you mean "how can he get out of DEP"? Has he made the request to his commander? IF so what was the response?

Ask Your Own Military Law Question
Customer reply replied 1 month ago
He has a meeting this weekend. He wants to not go through with his delayed entry into the national guard and do a regular enlistment in the Air Force. He’s done MEPS and the enlistment, but now he’s in between MEPS and going to basic.

THanks

THe ONLY way to get released IF he wants to join another service is with his commanders permission.
He can, and should, make the request to his commander.

IF the commander denies the request (they may...the commander has discretion...they do not have to grant this request)? Then I would urge your son to honor the contract. If he does not go to bootcamp, they will release him from the guard...but his discharge will not all him to reenter any service

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Ask Your Own Military Law Question

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

Ask Your Own Military Law Question
Customer reply replied 1 month ago
This advice does not seem to be consistent with the Recruiting regs. As I understand it, he actually has no obligation to do anything until he returns to MEPS to ship to basic. Even then, if he doesn’t report there’s nothing they can do.

No idea what "reg" you are referring to...but if he does not ship at a MINIMUM he will receive a bad "RE Code" on his discharge...and that will require a waiver to reenter.

And that is a problem. The poor economy has caused a flock of people turning to the military for jobs. Despite the war recruiting is way up in all branches. The need for the services to grant waivers has decreased. For example the Marines recently decreased their maximum age for enlistment. Its tough today to get a waiver.

Also, since he is guard? They can give him an OTH if he does not ship...the guard is different than Army Reserve.

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,653
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,653
36,653 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

36,653 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,188 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I don't as given an oth from the marine reserves in 1992 for
I don't as given an oth from the marine reserves in 1992 for failing a urine test. Am I ineligible to own a firearm? … read more
P. Simmons
P. Simmons
Military Lawyer
36,653 satisfied customers
I'm being discharged from the marine corps with a general
I'm being discharged from the marine corps with a general discharge under honorable conditions and my re code is re-3p once I'm discharged can I re-enlist in the army or how does that work? … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I was OTH Discharged from the USMC Reserves for failing to
I was OTH Discharged from the USMC Reserves for failing to show up to drill. Will I lose my guard card? Can my employer fire me? Unarmed Security in Ohio. … read more
P. Simmons
P. Simmons
Military Lawyer
36,653 satisfied customers
I am currently in the Air Force reserve Delayed Entry
Hello I am currently in the Air Force reserve Delayed Entry Program. I will have fulfilled the full length of my DEP contract in a month and have not been given dates to go to basics training. I have … read more
P. Simmons
P. Simmons
Military Lawyer
36,653 satisfied customers
My husband and another Air Force Reserve member has an
my husband and another Air Force Reserve member has an affair, I have proof via text messages of what they said admitting sleeping together on UTA and the female admitted she did it in confession to h… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I'm a physician thinking about joining the army reserve but
Hi, I'm a physician thinking about joining the army reserve but I'm in an acrimonious divorce and worry that this may have a negative impact on my custody- any thoughts … read more
P. Simmons
P. Simmons
Military Lawyer
36,653 satisfied customers
I was a prior service Marine and enlisted into the Army
I was a prior service Marine and enlisted into the Army Reserve, but I stopped going to the Reserve. The NPRC and the major command don't have any separation paperwork or orders on file. All one admin… read more
P. Simmons
P. Simmons
Military Lawyer
36,653 satisfied customers
I was discharged from the Navy Reserve in 2006 for not
I was discharged from the Navy Reserve in 2006 for not showing up to the drills. I received and RE code of 4 for this. My recruiter into the navy reserve told me that since I had already served my ful… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I joined the Marine Corps reserves from 1967 to 1973 I am
I joined the Marine Corps reserves from 1967 to 1973 I am now retired do I get any benefits at all … read more
P. Simmons
P. Simmons
Military Lawyer
36,653 satisfied customers
My son is currently in the Air Force Reserves (3 yrs). He
Hello, my son is currently in the Air Force Reserves (3 yrs). He deployed to Kuwait last January. While there, he was diagnosed with Type 1 diabetes two months into his deployment. He was sent back ho… read more
P. Simmons
P. Simmons
Military Lawyer
36,653 satisfied customers
Im in the army reserves. Stateside i live in pennsylvania
stateside i live in pennsylvania but im at annual training in louisiana ive been here since february 28th due to come home march 28th … read more
P. Simmons
P. Simmons
Military Lawyer
36,653 satisfied customers
I am currently in Air Force reserve us, and back in April
I am currently in Air Force reserve us, and back in April 2017, I tested positive for oxycodone During an urinalysis. My squadron asked me to provide medical records proving I was prescribed medicatio… read more
P. Simmons
P. Simmons
Military Lawyer
36,653 satisfied customers
Fiance was discharged from the air force in April. He has a
Fiance was discharged from the air force in April. He has a general misconduct drug abuse discharge. They said they found aderol in his system. He doesn't take aderol, but chose not to fight the disch… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I am attempting a hardship discharge from the Army Reserve.
I am attempting a hardship discharge from the Army Reserve. My request was denied. I am looking for assistance in preparing the letter and supporting documentation necessary if any and what my legal o… read more
P. Simmons
P. Simmons
Military Lawyer
36,653 satisfied customers
I was in the delayed entry program and I went to meps for my
I was in the delayed entry program and I went to meps for my evaluation and before I went my recruiter gave me a drug test that I had passed but when I got to meps they said I failed the drug test the… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I was in the Marine corps 1984-1988,(honorable discharged).
I was in the Marine corps 1984-1988,(honorable discharged). Later on I enlisted in the army reserve, with no activation. 1996-2000(honorable discharge). I have worked for 22 years in my job, I have had multiple sclerosis for 18 years. I am now on short term disability through work. I have been diagnosed since 1999. Wanted to ask if the VA would offer disibility. Or would I be SOL. Thank you. Regards … read more
P. Simmons
P. Simmons
Military Lawyer
36,653 satisfied customers
I was medically discharged from air Force before completing
I was medically discharged from air Force before completing basic training. Does that qualify me for anything? … read more
P. Simmons
P. Simmons
Military Lawyer
36,653 satisfied customers
I was discharged from the air force in 1969 with an
I was discharged from the air force in 1969 with an honorable. At this date what chance do I have to upgrade?… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x