Posted on Aug 22, 2014
Sgt Combat Engineer
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I have a buddy who got a great job offer in Colorado but he has signed his reenlistment papers already but hasn't done his reenlistment ceremony yet. Can he back out still or is he out of luck?
Posted in these groups: Re enlistment logo Re-enlistment
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Responses: 20
MSG Wade Huffman
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The signature on the contract is just that, a signed contract. Just like any other contract that one may sign, it carries obligations (by both parties). Unfortunately there is no 'buyers remorse' clause on a DD Form 4 (Enlistment/Reenlistment contract).
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Cpl Christopher Bishop
Cpl Christopher Bishop
>1 y
I'm not in disagreement with that, however I do believe a fully volunteer service holds higher value in performance and attitude than a Volun-Told version. Id also take a look at what this job offer the person got it...maybe the guy is some kinda of Rocket Scientist who could be working to develop better gear for the military. Such people should be allowed to serve the greater good, imo...so that should be compared with whatever his contracted MOS would be.
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MSG Wade Huffman
MSG Wade Huffman
>1 y
Cpl Christopher Bishop , we do have an all volunteer force, and he did volunteer, and then volunteered again when he signed the reenlistment contract.
What we have here, in it's most basic form, is a matter of contractual law.
IF he were to be allowed out of his contract because of a better job offer, would we then allow ANY service member to leave on their terms if they got a better offer before the end of their contract?
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Cpl Christopher Bishop
Cpl Christopher Bishop
>1 y
I get your point. I do. Call me an idealist here ... but Id hope the military in general could simply do better to motivate and inspire those whom might try to weasel out of contracts to not want to do so in the first place. And Id like to add, in my observation, the "reason we have contracts" is because sadly, insurances have to be made that people won't duck tail and run when things get dicey. This isn't merely a military problem, its an American Softening of Society problem. What ever happened to OUR WORD ALONE being of any value? I do get the necessity of contracts...but I challenge that very necessity.
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SPC Medical Specialist
SPC (Join to see)
7 y
Cpl Christopher Bishop - Four years later I wonder what has transpired since then. Maybe he learned to like it or bolted before his first deployment. I hope it ended well. You do have some valid points though.
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TSgt Hh 60 G Maintainer
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I have extended and re-enlisted twice so far, and just completed the Army's Mobile Retention Course.

In the Army, once the re-enlistment is approved in the RETAIN system (automated personnel system) it is a done deal. For it to get to this point, you have to be recommended by your Company Commander, you have to sign the DD Form 4, the Career Counselor has forms to fill out and sign, and then the Career Counselor has to input it all into the system. It won't go into the system until everything has been done properly. So once you sign, unless your Retention NCO hasn't put it in the system yet, it is done.

It's like getting married... Once you sign the marriage license, it's legal. The wedding ceremony is nice, but doesn't hold water legally.
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TSgt Joshua Copeland
TSgt Joshua Copeland
>1 y
I know in the AF side, it isnt a done "deal" until it is turned in to the Military Personnel Office. Once they get it and process it, your locked in. But if you never turn it in, you never reenlisted in "the system".
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SSG Information Systems Chief
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>1 y
Unlike Marriage I can not divorce the military until the time is up. So let's say that I have had a change of command and they have pushed me and bullied me till I can not take anymore. I did my reenlistment at a year out expecting to get my bonus then but I don't receive the bonus until the end of the current enlistment. You are saying I can not rethink my situation during that year that I am currently on before the reenlistment starts?
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TSgt Hh 60 G Maintainer
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>1 y
SSG (Join to see) - When you reenlist, any time you have left before your ETS gets rolled into your new contract. So if you have 1 year left, then you reenlist for 2 years, you now have 3 years from that day. You should receive your bonus once your paperwork goes through the system. If you do not complete your contract, unless it was for something that allows you to keep any bonus, you will have to pay back the portion of the bonus commensurate with the time you did not complete.
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SSG Career Counselor
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>1 y
TSgt (Join to see) wrong. If you 1 year left, you reenlist for 2 you only do 1 etra year...
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SSgt Gregory Guina
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I have never signed the papers until after the ceremnoy. However I am pretty sure that a ceremnoy is exactly that just a ceremony. Once you sign the paperwork I believe you have alreayd committed yourself.
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Sgt Combat Engineer
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>1 y
Thank you and sorry about your package. I'm surprised medical signed off on mine because of my hip problems.
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LtCol Dave Jonas
LtCol Dave Jonas
>1 y
That is a legal question more than anything else. You should consult with an attorney on that issue, but unless you can show some kind of fraud or duress imposed by the recruiter, or some fraud on your own part where you hid criminal convictions or drug usage, there is probably no way out. Indeed, the time to think about this was probably before you signed the document. Generally, it is not wise to sign something that you don't intend to perform.
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SSgt Gregory Guina
SSgt Gregory Guina
>1 y
LtCol Dave Jonas Sir I was thinking the same thing. I have a feeling that he was on the fence about re-enlisting but didn't have any options so he signed the contract. Now that there is a job offer he wants to take it and go.
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SGT Steven Eugene Kuhn MBA
SGT Steven Eugene Kuhn MBA
11 y
Without going into detail, there are always moral and legal ways to end an enlistment early that results in an honorable discharge and no derogatory statements.
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Reenlistment; is it ever possible to back out after signing?
MAJ Bill Whitman
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The DD Form 4 is the only contractual document evidencing the enlistment. Each service will have particular annexes to memorialize the understandings between service member and command. The completion of section E of the DD Form 4 is the oath which is required to complete the enlistment/reenlistment. In general if the oath isn't taken there is no reenlistment but the ceremony is just that, a ceremony. So if the DD Form 4 is not completed by not taking the oath and signing there is nothing except a lot of inconvenience to the command to reprocess the service member out for completion of the term of enlistment by discharging or redoing the paperwork for an enlistment to the Reserves since there is a mandatory service obligation of 8 years. After reenlistment is completed he may be able to request discharge but there usually is a service obligation attached to complete such as a PCS or school. There are particular rules on that. He should consult with his Legal Assistance office.
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PO1 Disaster Survivor Assistance Specialist
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Edited >1 y ago
Sgt (Join to see) Typically, once the paperwork has been inked, the job is done - especially with enlisted personnel. However, if he/she is in an over-crowded rating/MOS he/she may be able to arrange for the enlistment to be voided since the oath has not been sworn. If the individual is in a rating/MOS that is critical the C.O. may not be inclined to let the individual out. Of course, the rules keepers will say nay - but there are rules and then there are rules.

The individual's relationship with the command will also have a great deal to do with how the command deals with the individual.
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Sgt Combat Engineer
Sgt (Join to see)
>1 y
I asked so many people that I haven't gotten a good solid answer and I can't find it anywhere in writing. I think he is screwed out of this one. He just has bad luck with the timing of the job offer and signing.
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Lt Col Aerospace Planner
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We are in a draw down military now, so there maybe options to be placed in the IRR. In theory if he had not recited the oath that could be grounds for it being null and void. That would be a legal issue for the Jag office to hash out. It may be wise to visit the personnel office as well to see what options are available.

I knew a few people who were able to get out after reenlisting because they were in overmanned career fields. That will be a factor they will most likely look at. Another point is if he took a re-up bonus they will take that back.
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Sgt Jennifer Mohler
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Sgt (Join to see) I hate to say it, but signing the paperwork is what makes it official. The papers are not supposed to be signed until after he does the ceremony though. He certainly could talk to his battalion legal, or LSSS. LSSS is on Camp Foster in Okinawa. He could also try calling the customer service number before wasting a whole day's trip down there.
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SSgt Forensic Meteorological Consultant
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Sgt (Join to see) - My daughter got out after 1-2 years due to a physical problem.
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SFC Stephen P.
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What papers were signed?

There are often pre-qualification documents such as requests and command authorization (service and component specific). The actual enlistment/reenlistment document is the DD form 4.

I have always viewed the DD 4/2 as certification that the oath was administered. As the service representative, I don't present it for signatures until the ceremony is conducted.

I have seen contracts voided after the fact when the provisions of that contract violate policy (e.g. unauthorized incentive or term of service). In the case of the USAR, AR G-1 is the determining authority. I have never seen it as a result of a job offer.
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Sgt Combat Engineer
Sgt (Join to see)
>1 y
I'm not sure what documents were signed but the way he was telling me his forms were it sounded just like my reenlistment papers. His XO was there to sign them as well he told me. My ceremony was held after I signed the papers. Well a little over a week after I signed my papers.
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LTC Paul Labrador
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Being commissioned, my relationship with the Army is different, so not really sure what the rules are. But don't you typically not sign the paperwork until you are ready to re-take the Oath of Enlistment....?
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Sgt Combat Engineer
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>1 y
I thought that was the way it went till I seen it done with my reenlistment. I think if one is done and not the other then it should be voided
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