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  #1  
Old 12-19-2005, 03:19 PM
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Join Date: Dec 2005
Posts: 5

Possible to get out of Navy DEP?


What is the name of your state? The name of my state is Tennessee.

I have been in the Navy delayed entry program (DEP)s ince June. I am scheduled to ship out to basic training on April 19th, 2006. As a result of a turn in my life and a calling from God to do missionary work it seems that the Navy will only interfere with what I really should be doing. It is not that I do not like the Navy, but I am only looking out for what I should be doing and when instead of doing something else.

I read a similar topic to what mine is but I have come to realize that laws differ from state to state so what is applicable in one state may not be applicable in mine.

So is it possible for me to legally get out of the Navy at this point? I have already talked to my recruiter like I expected him to say, he said that I couldn't at this point. But i know there has to be a way. I mean they can't make you stay in if you really don't want to.... right? So what should I do? What are the consequences? I'd appreciate any help. Thanks a bunch.

ben hamilton
  #2  
Old 12-19-2005, 06:41 PM
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man , you cannot and will not be held accountable. Just because you "swore in" doesn't mean you are government property because if you were they would be monitoring you, the things you do and keeping you in check it's more of a verbal agreement more than anything.

You're fine, stand you ground and be strong

Last edited by m martin; 12-19-2005 at 09:39 PM.
  #3  
Old 12-19-2005, 07:11 PM
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so if I just straight up tell them that I have decided to not join the Navy and that I am getting out. Then do I just not do it? Is there a process one must go through to make that official to them or what?
  #4  
Old 12-20-2005, 01:42 AM
revere787
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getting out of navy


Before you are supposed to go to basic in april, i belive that you swear in one more time, and if you dont do that, then you are fine and there is nothing you can do. my brother was supposed to go in the navy after high school and was in that program. He got butterflies like you and decided he didnt want to go. the recruiter called him and said he had to go, he said he didnt want to. THe recruiter called him again a few days later, i answeared the phone and told him to go **** himself, he was lying like all recruiters do. If you want more info to ease your mind, call the G.I rights hotline and they will tell you that since you havent gone to basic, you dont have to go. 1-800 -394-9544. that is the number, call them. They are a non-profit organization that help soldiers about military law and procedure. They are on your side.
  #5  
Old 12-20-2005, 01:44 AM
revere787
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getting out of navy


by the way, nothing happend to my brother, b/c there is nothing they can do if you dont go to basic.
  #6  
Old 12-20-2005, 08:52 AM
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Quote:
Originally Posted by revere787
by the way, nothing happend to my brother, b/c there is nothing they can do if you dont go to basic.
I sure hope you jokers know what you are talking about.
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  #7  
Old 12-20-2005, 09:44 AM
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Location: I don't know. The guys with the keys won't say. I think it's top secret info.
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Quote:
Originally Posted by seniorjudge
I sure hope you jokers know what you are talking about.
DITTO

Has Ben recieved anything because of the contract (payment for school of some sort, enlistment bonus)? Hope not because that would change alot.
  #8  
Old 12-20-2005, 10:02 AM
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Quote:
Has Ben recieved anything because of the contract (payment for school of some sort, enlistment bonus)? Hope not because that would change alot.
None of that would matter at this point because he wouldn't recieve any of those monies until after he is on active duty. The OP just needs to stick to his not wanting to go on active duty. The recruiter or command cannot force him to follow through with the enlistment at this point.
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  #9  
Old 12-20-2005, 12:00 PM
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Quote:
Originally Posted by DEPRecruitHam
What is the name of your state? The name of my state is Tennessee.

I have been in the Navy delayed entry program (DEP)s ince June. I am scheduled to ship out to basic training on April 19th, 2006. As a result of a turn in my life and a calling from God to do missionary work it seems that the Navy will only interfere with what I really should be doing. It is not that I do not like the Navy, but I am only looking out for what I should be doing and when instead of doing something else.

I read a similar topic to what mine is but I have come to realize that laws differ from state to state so what is applicable in one state may not be applicable in mine.

So is it possible for me to legally get out of the Navy at this point? I have already talked to my recruiter like I expected him to say, he said that I couldn't at this point. But i know there has to be a way. I mean they can't make you stay in if you really don't want to.... right? So what should I do? What are the consequences? I'd appreciate any help. Thanks a bunch.

ben hamilton


You still haven't told us if you signed anything or not.

Maybe you will be like Saint Paul who gloried in his imprisonment and preached to his fellow convicts.
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  #10  
Old 12-20-2005, 12:01 PM
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Location: I don't know. The guys with the keys won't say. I think it's top secret info.
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Quote:
Originally Posted by mlane58
None of that would matter at this point because he wouldn't recieve any of those monies until after he is on active duty. The OP just needs to stick to his not wanting to go on active duty. The recruiter or command cannot force him to follow through with the enlistment at this point.
That is why I stated it as recieved, not promised.

I know generally he would not have but the OP did not define everything in their situation. There are some situations where one would recieve some consideration (not necessarily monies) prior to boot.
  #11  
Old 12-20-2005, 12:31 PM
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I have not received one single penny from them and yeah there are some things that I have signed already. That is part of the regular procedure that everyone goes through in the enlistment process. And I never technically "swore in" I told them I do not believe in swearing and refused therefore i only affirmed it. well no I do not plan on going to jail over this. I'll find a legal way to get out and pursue my calling. In fact it's inevitable that I will. I'm not having butterflies about it.
  #12  
Old 12-20-2005, 01:00 PM
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Location: I don't know. The guys with the keys won't say. I think it's top secret info.
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Quote:
Originally Posted by DEPRecruitHam
I have not received one single penny from them and yeah there are some things that I have signed already. That is part of the regular procedure that everyone goes through in the enlistment process. And I never technically "swore in" I told them I do not believe in swearing and refused therefore i only affirmed it. well no I do not plan on going to jail over this. I'll find a legal way to get out and pursue my calling. In fact it's inevitable that I will. I'm not having butterflies about it.
Well that blew the first respondants answer out of the water. Sounds like you may be in further than you (and obviously the first respondant) realize.

You don't sign "verbal agreements". You signed something. "Affirming" provides them with the same results as "swearing".
If your serious about this you need to talk with a lawyer. You may have signed too much already. And yes the recruiter will jerk you around and tell you whatever it takes to get you in. His job is to get people to enlist.

Last edited by justalayman; 12-20-2005 at 01:23 PM.
  #13  
Old 12-20-2005, 01:17 PM
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Acts 16:23-24: And when [the bad guys] had laid many stripes upon [Paul and Silas], they cast them into prison, charging the jailor to keep them safely: Who, having received such a charge, thrust them into the inner prison, and made their feet fast in the stocks.


By the way, you may want to find another excuse other than the "I've been saved" routine. They've heard that one. (See below).




Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.
__________________
There are two rules for success:

(1) Never tell everything you know.
  #14  
Old 12-20-2005, 01:54 PM
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First of all it wasn't an excuse or something i just made up in hopes of getting out of the military. I was actually quite serious that I'm going to be a missionary instead. No matter, in anycase... I will do what I have to do.
  #15  
Old 12-20-2005, 02:04 PM
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Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 10,167
Quote:
Originally Posted by DEPRecruitHam
First of all it wasn't an excuse or something i just made up in hopes of getting out of the military. I was actually quite serious that I'm going to be a missionary instead. No matter, in anycase... I will do what I have to do.
I didn't mean to infer you weren't serious about being a missionary. The only thing intended by that conversation was that if you decide to actually continue with your decision to not enter the Navy. It wasn't meant to be offensive.

I have no clue what is required to enlist as such but the Navy could always use a good minister. God knows our kids in harms way need all the help they can get.

If you have signed anything (which you previously stated that you had.)
you should really speak with an attorney and let them read what you have already signed. The government does not take AWOL lightly. Be sure to NOT put yourself in this position.

BTW: It was along time ago but a friend had done a delayed deployment. Everything except showing up was signed and sealed almost a year ahead of time. There was no way out for him.

Good luck we need more of either vocation you will end up in.
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