Posted on May 16, 2018
SPC Signal Support Systems Specialist
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re enlisted, signed the contract said the oath, but my commander hasn't singed the contract and it has been 2 weeks, can I back out?(my ETS date is still a few months out, so new contract has not started yet)
Posted in these groups: Re enlistment logo Re-enlistmentRules logo Rules
Edited >1 y ago
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Responses: 3
CPT Assistant Brigade Intelligence Officer (S2)
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The short answer is this is a battle you will probably lose. If you're really committed to this course of action, you need to try and get that paperwork before he signs it - otherwise he gets wind of what you're doing and he signs it anyway, closing this loophole you think you see. Of course, slipping into his office and stealing your own paperwork has its own potential repercussions.

Trying to rescind your own re-enlistment paperwork on a technicality means getting the IG involved off the bat. At that point, you may be successful, but you'll sit in limbo until the IG agrees with you. - in limbo under a command that now probably isn't very happy with you. You also may jeopardize some of those re-enlistment bonuses. As I understand bonuses, they're offered by the component service, not the DoD/DoA as a whole, but my knowledge on that isn't as strong as it could be.

I would not trust the recruiters to give sound advice in this situation - you are better off talking to legal council or straight to IG, or trying to get ahold of the paperwork.

My recommendation to you would be to talk in earnest with your command about your grievance, and their command if your pleas go unheard. Worst case scenario, your commander is gone in 2 years (assuming they just got there) and guidance changes and you get your shot at glory then.

Final note: There's no guarantee you deploy with Guard either. I have some friend who've been guard 8 years and not deployed because they've gotten into units when they were on cool down.

Best of luck to you.
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SGT Ej P.
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If you think he hasn’t signed it and you really want to back out, then from your team leader up to the BC/CSM should be all ears about this - him not signing or you changing your mind, this is the CDRs program so it looks bad on him if he’s not doing his job unless he just doesn’t care now if you are not bringing this up to the proper channel (not RP) and let it sit and then one day he does sign it then that’s it you definitely cannot back out ...
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SGT Ej P.
SGT Ej P.
>1 y
you also need to consider if there's any discrepancy in your contract then it might take a while to fix and that's one of the worst things that can go wrong since it has to do with your pay, bonus, ETS, etc... you don't want that kind of problem
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SSG Robert Perrotto
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Good question, I would speak to your career counselor, I would also ask why was a contract executed if the Commander did not check the box for and sign the form - it's been a while so I forget the form number but I do know that he needs to approve your eligibility for continued service, usually prior to a contract being executed.
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SSG Robert Perrotto
SSG Robert Perrotto
>1 y
SPC (Join to see) - Have you tried speaking to your Commander, utilizing the proper channels of course, regarding this? And if was Just a numbers game, then he would have signed the form and retained you, so doubtful that's the issue - could be he forgot with all on his plate
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SPC Signal Support Systems Specialist
SPC (Join to see)
>1 y
my commander is not full time, the soldier who conducted my re enlistment was the person who has authority to sign in his place. Retention never emailed it to my unit to sign. Currently it is sitting on his desk collecting dust until he remembers to process it. So I am wondering due to his laziness, does that give me a route to switch to the guard?
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SPC Signal Support Systems Specialist
SPC (Join to see)
>1 y
also the contract was never offered up to be signed the day of my re enlistment.
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SSG Robert Perrotto
SSG Robert Perrotto
>1 y
SPC (Join to see) - Speak to your career counselor - do not just let this sit - if there is a contract out there that just requires the signature, it would be in your best interest to get it done one way or the other, quite surprised your career counselor is not howling about this up the chain, as he cannot process the contract without it being completed, and that part is a numbers game.
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