18 Year Old Brother wants out

[mybroseekshelp]

Massachusetts

So my brother joined the Army at 17. He went to boot camp the summer before his senior year. He is in High School now, his senior year. He is on the verge of failing out. He doesnt always go, and he has been so stressed out about his decisions that he has made lately.. I mean he is still a boy.

Anyways, he also injured his foot in boot camp. He got a staff infection and he emergency surgery as soon as he returned home. He was out of school for the first 2 months due to this infection. So that didnt help his cause in school- sort of got him off on the wrong foot and ever since he hasnt been the same.

Now, current day: He is very confused and doesnt want to be in the Army anymore. He is set to go to AIT in August. At this early juncture in his military career, is there anything he can do to break his contract with the military. Him, and his family dont want to always be wondering, and looking over his shoulder- I have heard and read in these forums that the Army doesnt waste time on a soldier who is so young, searching for an AWOL soldier. But, if he ever gets pulled over for speeding, or J-walking.. lol, would he be incarcerated? (I know I spelt that wrong)

IS THERE ANYTHING HE CAN DO TO GET OUT? LEGALLY?

Thanks,

Brett

[SHORTY LONG]

Yes, first un-confuse me/us. For me, am i to understand that,
while he was in HS he went to boot camp?

And now he is back in HS and out of the Army? What are his
Orders to date?

And did your parents agree and sign the papers (contract) to enlist?

And to date, all he has completed is boot camp?

[mybroseekshelp]

Yes, first un-confuse me/us. For me, am i to understand that,
while he was in HS he went to boot camp?

And now he is back in HS and out of the Army? What are his
Orders to date?

And did your parents agree and sign the papers (contract) to enlist?

And to date, all he has completed is boot camp?

----------------------

1. He went to Boot camp between junior and senior year

2. When he enlisted, and signed up, his parents signed for him. But when he turned 18, he resigned them for himself.

3. He completed boot camp in September of 2006. He missed 2 months of school due to a staff infection in his foot.

4. He is scheduled to go to AIT in August of 2007. He has changed his mind during his senior year and does not want to be in the service.

SO THE QUESTION STANDS:

HOW DOES HE LEGALLY GET OUT OF THIS CONTRACT WITH THE US GOVERNMENT?


Thanks,

Brett

[johnysmith1128]

If your brother does not show up, there is probaly nothing they could do. He was 17 when he went in and needed your parents consent anyway, if he didnt get it. I would call the g.i rights hotline or email them and give them the situation. Im sure that a few people are gonna respond to this with i dont know what im talking about and all that stuff, but most of them are gi joe wannabe's and realistically being that he has not even began ait, he could probaly get out with an entry level seperation. I would have him contact his commander and request a discharge, if that does not work and he really does not want to go, maybe contact jag, if they are no help, then it is up to him, but there is no way they are going to send him to jail for not showing up. I dont care what anyone says either, he has not been in that long, but remember they could send him, but the chances are slim and even if they made an example out of him, its probaly an oth discharge with 30 days confinement. The odds are very slim though, very slim. Dont forgot to call the g.i rights hotline or email them.1-800-394-9544, [email]girights@objector.org[/email]. Good luck

[mybroseekshelp]

His parents signed but then he resigned as an adult when he turned 18.

Thanks though

[Shay-Pari'e]

Originally Posted by johnysmith1128

If your brother does not show up, there is probaly nothing they could do. He was 17 when he went in and needed your parents consent anyway, if he didnt get it. I would call the g.i rights hotline or email them and give them the situation. Im sure that a few people are gonna respond to this with i dont know what im talking about and all that stuff, but most of them are gi joe wannabe's and realistically being that he has not even began ait, he could probaly get out with an entry level seperation. I would have him contact his commander and request a discharge, if that does not work and he really does not want to go, maybe contact jag, if they are no help, then it is up to him, but there is no way they are going to send him to jail for not showing up. I dont care what anyone says either, he has not been in that long, but remember they could send him, but the chances are slim and even if they made an example out of him, its probaly an oth discharge with 30 days confinement. The odds are very slim though, very slim. Dont forgot to call the g.i rights hotline or email them.1-800-394-9544, [email]girights@objector.org[/email]. Good luck

GI Joe Wannabees? Wow, you need to touch up on your reading skills.

[fozzy2]

It sounds as if your brother is a "split option" enlistee, which usually allows a person to go to boot camp (or BCT they call it now in the army) in the summer, serve in the reserves over their senior year in high school, and then go onto active duty again for advanced training and then the rest of their enlistment, etc.

If so, the normal legal ability to simply walk away from an enlistment contract is not applicable. In other word, he has been inducted - he has taken an oath, received pay, and 'subjected himself' to military authority. So, this is NOT a case of a civilian who does not want to "go into" the military, rather it is a case of someone already in the military who wants to get out. It is a very different situation.

Offhand, I am not certain how reserve service effects the eligibility of a person for an "entry level separation" (a relatively simple administrative discharge). Normally, the requirement is to have served less than 180 days - but I don't know if that is 180 days of active duty or if reserve time is calculated differently. At any rate, because your brother apparently is in the miltary, he should be careful how he goes about getting out. If he is not careful, and disobeys orders/etc., then he may find himself getting a "punitive" discharge that could have unwelcome long-term circumstances.

[johnysmith1128]

GI Joe Wannabees? Wow, you need to touch up on your reading skills.
Yesterday 07:28 PM

Thats is probaly the best advice I have ever received. Thankyou so much shay pari'e. I just cant imagine what I would do with out you and your stupid comments that you always post. It explains how you have so many post.

[SHORTY LONG]

johnysmith1128, this is from your post: "Im sure that a few people are gonna respond to this with i
dont know what im talking about and all that stuff, but most of them are gi joe wannabe's and realistically
being that he has not even began ait, he could probaly get out with an entry level seperation."

Make no mistake about this, i am a Marine and a Vietnam Veteran thank you!

[Shay-Pari'e]

[quote=johnysmith1128;1593781]GI Joe Wannabees? Wow, you need to touch up on your reading skills.
Yesterday 07:28 PM

Thats is probaly the best advice I have ever received. Thankyou so much shay pari'e. I just cant imagine what I would do with out you and your stupid comments that you always post. It explains how you have so many post.

I could give you advice on how to spell also, if you would like.

[SHORTY LONG]

And hell, i will be more than happy to lend my two cents also
for teaching in spelling without no charge!

Hi Shay-Pari'e, how do you like your new truck? You never shared
anymore with me about it! Hope all is well, and everyone is doing
super

[johnysmith1128]

First of all shorty long I am not knocking anyone who has served like yourself. What I meant about the G.I joe thing is that there are people on here who make comments and belittle people all the time and probaly dont even know what they are talking about. As far as shay parie goes, she makes comments all the time that have nothing to do with the post, but as I have previously stated, thats how someone gets over 8000 post. If anyone wants to help me with my spelling for free, thats no proble m

[Shay-Pari'e]

[quote=SHORTY LONG;1594058]And hell, i will be more than happy to lend my two cents also
for teaching in spelling without no charge!

Hi Shay-Pari'e, how do you like your new truck? You never shared
anymore with me about it! Hope all is well, and everyone is doing
super

Love it, Solid Black, lifted, new tires and great rims. Hope all is well with you also.

[Shay-Pari'e]

[quote=johnysmith1128;1594127]First of all shorty long I am not knocking anyone who has served like yourself. What I meant about the G.I joe thing is that there are people on here who make comments and belittle people all the time and probaly dont even know what they are talking about. As far as shay parie goes, she makes comments all the time that have nothing to do with the post, but as I have previously stated, thats how someone gets over 8000 post. If anyone wants to help me with my spelling for free, thats no proble m

I happen to know what I am talking about, and your comment about *GI JOE WANNABEES* was rude to say the least.

Since you are clearly fixated on my post count, go fixate yourself on the date I joined this forum.

[cyberspook]

I have found that most heavy posters (not all) really don't contribute much in the amount of legal advice. The forum for them is more of a way to vent their frustrations with their own inadequacies.

However it really does make for amusing reading so please carry on.