09S defective enlistment

[rppearso]

What is the name of your state? AK

I enlisted as an 09S in the army national guard. I then went to my first 0 phase OCS drill and tape tested at 32% body fat (this fact should prevent me from having to go to AIT) and submitted a letter of disenrollment from the OCS program. Since I am an 09S I should be entitled to a defective enlistment agreement. I have stopped going to drill since I taped and submited the letter and have not heard anything back in 3 months.

What is the process to make my discharge official, since I have not heard anything back does that mean its getting taken care of? I have not gotten any correspondence stating that im AWOL etc.

 

[rmet4nzkx]

What is the name of your state? AK

I enlisted as an 09S in the army national guard. I then went to my first 0 phase OCS drill and tape tested at 32% body fat (this fact should prevent me from having to go to AIT) and submitted a letter of disenrollment from the OCS program. Since I am an 09S I should be entitled to a defective enlistment agreement. I have stopped going to drill since I taped and submited the letter and have not heard anything back in 3 months.

What is the process to make my discharge official, since I have not heard anything back does that mean its getting taken care of? I have not gotten any correspondence stating that im AWOL etc.

Sounds like you need to get some exercise and get your BMI down! What you are doing is a fraud. Don't worry they don't forget.

 

[rppearso]

Thats not really legal advice. I was hoping this site was more of a legal forum as opposed to a hardcore military forum. I dont care one way or another because im not going back. Just because my decision and the military regulations make you angry does not change the legality of the situation. I dont even want to go into the details of why I am choosing to seperate unless someone has sound legal advice and needs the information. I have posted on other forums and have been met with hostility, the same hostility that caused me to choose to seperate. This should not be a big deal and I just need some guidance as to what paperwork to fill out etc to process my defective enlistment agreement, what ever happens I am not going back on base to do anything, im not going to tolerate being grilled or the like.

 

[rmet4nzkx]

Thats not really legal advice. I was hoping this site was more of a legal forum as opposed to a hardcore military forum. I dont care one way or another because im not going back. Just because my decision and the military regulations make you angry does not change the legality of the situation. I dont even want to go into the details of why I am choosing to seperate unless someone has sound legal advice and needs the information. I have posted on other forums and have been met with hostility, the same hostility that caused me to choose to seperate. This should not be a big deal and I just need some guidance as to what paperwork to fill out etc to process my defective enlistment agreement, what ever happens I am not going back on base to do anything, im not going to tolerate being grilled or the like.

What you are doing is comitting a fraud as was your advice to other posters on this forum. I am not going to explain the legal theories to you and you may be too late to get an ELS.

" Sir Galahad: Oh, let me have just a little bit of peril?" or "Monty Python's "Meaning of Life" movie when the waiter gets the huge guy in the resturant to eat "just one more bite". BOOOOOM!

 

[rppearso]

Im just curious, are you a JAG officer (a lawyer). I would like to know how I am commiting fraud, I submited a letter of disenrollment and took a tape test, my BMI is what it is, its not like I can stuff newspapers in my shirt. Anyway my paranoia is way to much to go back to base and get hazed the hell out of. I dont really want to go into the whole "hazing" thing here, I have my opinion and the military has theres and they dont match. I know I am entitled to a defective enlistment because it is in black and white, I just need to know how to convert that reg into a characterization or discharge or will they just process it as such when my paper work goes across someones desk for discharge.

 

[rmet4nzkx]

Im just curious, are you a JAG officer (a lawyer). I would like to know how I am commiting fraud, I submited a letter of disenrollment and took a tape test, my BMI is what it is, its not like I can stuff newspapers in my shirt. Anyway my paranoia is way to much to go back to base and get hazed the hell out of. I dont really want to go into the whole "hazing" thing here, I have my opinion and the military has theres and they dont match. I know I am entitled to a defective enlistment because it is in black and white, I just need to know how to convert that reg into a characterization or discharge or will they just process it as such when my paper work goes across someones desk for discharge.

No I am not a JAG attorney although we do have on on the forums and he may respond to you in time. You do not understand the concept of defective enlistment, nor have you given the facts, such as the contract you signed, was there a waiver re your weight or any other sort of waiver. When did you fail to meet the standard? WHy didn't you do something in Basic? Basic is not fun for anyone, AIT is better but both are going to be difficult if you are overweight and out of shape and your attitude doesn't help. The longer you are gone the more difficult your problem will be to resolve. If you have a metabolic condition or a borderline personality disorder, go to a VA hospital and turn yourself in.

 

[rppearso]

It is not a clause in my contract specificly it is a clause in all 09S enlistment option literature. Also the weight thing has nothing to do with contracts, it just keeps me from having to go to AIT and will allow me to be discharged if it goes unimproved for 6 months (AR600-9). The only way I would go to the VA is if it is not a major production, I probably do have a personality disorder but im not going to go through a rigamorole of scrutiny and have the possibility of being held against my will.

 

[badapple40]

They should discharge you. Has the condition gone untreated for 6 months per regulation?

They have an argument that the 6 months must occur while you are going to drill, and they have the opportunity to try to work with you to get your weight down. Thus, you will most likely need to go back and finish out the 6 month period (if you haven't already done so) before you are entitled to a discharge.

If you ARE entitled to a discharge, and they fail to grant one, you may bring an action for a writ of habeas corpus, either against the state government (if in Title 32 status) or against the federal government (if you are called up to training/Title 10 status) to obtain your release from military custody.

Seems to me that, under the circumstances, we need to know a bit more facts to give you an answer. Why do you want out so badly? There may be grounds there to secure your release...

 

[rppearso]

I got out of basic in april 05 and had to wait a year before starting 0 phase of OCS, when I found out OCS was going to be a worse version of basic I wanted nothing to do with it, I really had no buissnes passing basic but I could pass a PT test and shoot a rifle but I had break downs and could do nothing under stress I would freak out when the DIs started in, couldent put on a mop suit or get my mask on, the list goes on and on. I also had a profile for like 1/4 of basic for a busted ancle but it healed just enough to take the PT test at the end so I could get the hell out. Anyway when I got back to guard I tried to put all of the basic stuff out of mind including military customs, well a lt col dident like that so she went off on me and then I was almost to paranoid to attend drills (this was before 0 phase started but after basic), but I knew I had to make it to the first 0 phase drill so I could get out correctly. I went back in january to attend the first 0 phase drill to weight in/tape test and submit my letter of disenrollment, the major in charge of OCS told me she was not going to force me to stay there. In the letter it stated that I no longer wanted to be in OCS or the guard all together. I then stopped attending drills and have not heard anything back in 3 months. I had a friend in the guard up here that told them he dident want to be there and when he was gone they sent him a letter asking him to come back to drills. I guess since I have no MOS, am not qualified to go to AIT and am not apart of any unit, its up to the major of OCS to do what ever is needed since I have talked to her and anounced my intentions and have been met with no resistance or no email responses. Im not going to "turn myself in" because I havent done anything wrong and I am not going to be subjected to the grilling of the military, what ever is going to be done is going to have to be done over phone, mail or email. The military has things so hyped up that they equate wanting to get out of the military with commiting a fellony and its not, the scare tactics by some military members is unbelivable.

 

[rmet4nzkx]

It is not a clause in my contract specificly it is a clause in all 09S enlistment option literature. Also the weight thing has nothing to do with contracts, it just keeps me from having to go to AIT and will allow me to be discharged if it goes unimproved for 6 months (AR600-9). The only way I would go to the VA is if it is not a major production, I probably do have a personality disorder but im not going to go through a rigamorole of scrutiny and have the possibility of being held against my will.

Since you most likely have a personality disorder, that along iwth your weight problem may be the quickest way out.

Held against your will? You are government property.

 

[tphillips357]

You signed up to be in the Guard and to serve your country. Basic isn't meant to be fun. It's meant to train you and break you down. Then build you back up as a person. When you broke your ankle you must have just ate and done nothing else. Since your in the guard your suppose to work out on your own and you must not me doing that looking for an easy way out since you thought the Guard was just going to be cake or something. I'm guessing that your Unit most have been order to Iraq and your scared and taking the easy way out. You make me sick. I wish I could get back in the Army but since I have blackouts now I can't and you want out because you ate to much and can't take some people yelling at you a little. I'm sure your mom or dad yelled at you to. Deal with it you fat piece of crap. If you don't get back in touch with the Guard they have the right to do whatever they want with you. WE'RE AT WAR AND YOU HAVEN'T BEEN DISCHARGED YET. They can put you in prison since I don't think they put you to death any more for taking off during WARTIME. It all depends on if your unit was called up to active duty. But it might be different now with the Guard and after 9/11. There's something to think about know isn't it.

 

[rppearso]

Wow, I can definatly tell you are not a lawyer, Im beginning to question if this is even a legal web site. If you even read my posts you would know that I am not in a unit and am not MOS qualified so I am not deployable even if I went to guard, because of my weight and medical conditions I would not even be eligible to go to any kind of training until summer of next year and that would put me at almost 3 years of my contract done, so it is a waste of everyones time and money to force me to stay in. All of this BS about prison time is a "scare tactic" and it works to force people to do things, im not anybodys property despite what I signed. I have not heard of someone being catogoized in violation of AR600-9 and going to jail. If the military is hurting for people they need to employ the draft instead of trying to use "scare tactics" to keep people that dont want to be there. Even if I did go back to guard what would I do, sit around and get hazed (becasue im not qualified to train), I dont think so, I have better things to do with my time.

If I dont hear anything back from the guard in a year or so I will expect to see some kinda discharge papers in the mail. They know where I live and have my contact info, and I havent gotten commandos kicking in my door and arresting me (gestapo style) yet.

If all you have to post is random insults please move on and post elseware.

 

[badapple40]

I think you need to wait out the 6 months, and go to drill for that period. Don't let them sign you up for anything else. Once that time period is up, tell them to discharge you, or you'll be suing them.

And then bring suit for your release.

 

[tphillips357]

You signed a Legal Contract to be in the Guard. Just because you don't have an MOS because you never made it to AIT because your to big doesn't mean your not in the Guard and that Uncle Sam doesn't have your butt since you signed a Legal Contract to be in the Guard to serve your Country.

 

[Shay-Pari'e]

Follow BA's advice and skip right on ove TP's. TP is posting wrong advice all over this site.