If my Commander still has not signed my re-enlistment contract (after two weeks), can I exit out of my contract?

SPC Private RallyPoint Member — Wed, 16 May 2018 01:58:00 -0400

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)

Response by SSG Robert Perrotto made May 16 at 2018 2:22 AM

SSG Robert Perrotto — Wed, 16 May 2018 02:22:21 -0400

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.

Response by SGT Ej P. made May 16 at 2018 7:37 AM

SGT Ej P. — Wed, 16 May 2018 07:37:58 -0400

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 ...

Response by CPT Private RallyPoint Member made Jun 30 at 2020 11:18 PM

CPT Private RallyPoint Member — Tue, 30 Jun 2020 23:18:24 -0400

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.