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former ROTC cadet

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armybrat1979

Junior Member
ANY MILITARY LAWYERS???
What was the age of majority as it applies to entering a contractual agreement in Nebraska in 1997? I signed my ROTC contract (DA 597-3) in 1997 as an 18 yr old; at the time my parent and I were Nebraska residents ( where the age of majority was 19). I am wondering if my contract is null and void because I was a legal minor and at the time did not have parental consent.
Since 1997, the legal statute (43-2101) has been revised so the age of majority is still 19, but an 18 year-old can enter into a binding contract.
I am stationed out of state, do not have access to a law library, and am having a hard time finding Nebraska's archived statutes online, so if someone could point me in the right direction, I'd appreciate it.
Additionally, I cannot find in writing the exact time of active duty owed based on the years of scholarship assistance granted through ROTC. I have read Title 10 USC 2107, 2107a, (and 2108d, as it applies to me since, after commissioning, I went onto an educational delay without an HPSP scholarship for medical school and was granted an educational delay for residency). by 10 USC 2108d, it appears my entire contractual obligation may reset upon completion of residency. I have a copy of my DA 591 and part of my 591g (supplemental service agreement for medical program participants) which indicate those who complete a medical degree owe 3 years of active duty.
Can anyone out there help?
Thanks!
 


justalayman

Senior Member
did you attempt to rescind the contract once you reached the age of majority? If not, you affirmed the contract by action.

The only information I can find at the moment is from the DA 591G which states you will serve from 2-5 consecutive years active duty based on your ROTC contract.

So, what does your ROTC contract say to the matter?
 

FlyingRon

Senior Member
Sorry but while majority is defined at 19, it won't help you in this case.

43-2101. Persons under nineteen years of age declared minors; marriage, effect; person eighteen years of age or older; rights and responsibility.
All persons under nineteen years of age are declared to be minors, but in case any person marries under the age of nineteen years, his or her minority ends. Upon becoming the age of majority, a person is considered an adult and acquires all rights and responsibilities granted or imposed by statute or common law, except that a person eighteen years of age or older and who is not a ward of the state may enter into a binding contract or lease of whatever kind or nature and shall be legally responsible therefor
 

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