Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > GOVERNMENT & ADMINISTRATIVE LAW > Military Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 12-21-2008, 03:09 AM
Junior Member
 
Join Date: Dec 2008
Posts: 1

DEP. Can i get out


What is the name of your state (only U.S. law)? TX

I went to MEPS back in august. I told my recruiter that i want out cause i have a good job and im going to school in january. He keeps saying that there is no way out. But from what im reading everywhere is that i dont even have to show up on my ship date. Is that true? Would i be AWOL?
  #2  
Old 12-21-2008, 05:17 AM
Senior Member
 
Join Date: Sep 2005
Location: O~HI~O
Posts: 1,986
You state that from what you are reading everywhere; you must have overlooked this:

http://forum.freeadvice.com/military-law-92/son-delayed-entry-program-389711.html
  #3  
Old 12-21-2008, 01:20 PM
Member
 
Join Date: Mar 2005
Posts: 652
Technically you can't "get out" because you are not in yet. But to answer your question in a more straightforward way: No, you do not have to enlist. You can tear up your contract or walk away from it at any time. The military will do some paperwork giving you an uncharacterized "entry level seperation". The only repercussion is that you will normally have to wait some time before signing up again, should you change your mind and want to enlist later.

Write a letter to the CO of the Recruiting Battalion, with a copy to your recruiter, stating that you will not report for duty and want to be dropped from Delayed Entry. You can explain why you are doing this. You don't have to do this, but it is the nice thing to do. It also helps keep the recruiter from trying to pressure you into reporting, because his/her superiors know what is going on. According to regulation your recruiter can not threaten or harrass you into reporting (for example, he can't claim the police will come get you, that you will be court-martialed, etc.). However, recruiters have been known to try such things even though they are in violation of regulations.

An example regulation is USAREC 601-45 (2-3(h)(2)): "Recruiters will not threaten, coerce, or intimidate any person for the purpose of induct-ing a member of the DEP Future Soldier (FS) to report to AD. This includes misrepresenting the likelihood of being apprehended and ordered to AD. It also includes obstructing an individual FS from being separated from the DEP FSTP.Although recruiters may properly attempt to “re-sell” an applicant FS, they will not unreasonably delay the process of an applicant’s FS’s re-quest for separation'
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:35 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.