When is someone obligated by their contact?

SPC Private RallyPoint Member — Tue, 30 Jul 2019 01:13:15 -0400

When you sign your contract at MEPS are you bound by that contract, by that I mean if someone decides the next day they dont want to do the military and they leave while still at meps can they be held accountable under UCMJ. Or is is it once you get to basic training you are bound by your military contract.

Response by PO1 Jamie Springman made Jul 30 at 2019 2:12 AM

PO1 Jamie Springman — Tue, 30 Jul 2019 02:12:56 -0400

You are not bound by anything up to the point where you swear in with the oath. You know the one "I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code ofMilitary Justice. So help me God." After that whatever you signed becomes a legal contract and you are in the military.

Response by PO3 Adam Stoflet made Jul 30 at 2019 7:41 AM

PO3 Adam Stoflet — Tue, 30 Jul 2019 07:41:19 -0400

Once you speak that oath, and sign that paper you are in it, contract legally binding. Their might be some legal way to get out of it but they should have had plenty of time to say “I don’t think this is for me anymore.”

Response by CSM William Everroad made Jul 30 at 2019 8:12 AM

CSM William Everroad — Tue, 30 Jul 2019 08:12:25 -0400

Legally, it is a contract. I would have to ask, why the change of heart? A recruit isn't really pressured into to going to MEPS. They have already met with a recruiter and spent some time asking questions and deciding on a branch and MOS. The MEPS appointment was scheduled and there was time to think about the decision. I would be curious as to what happened in the intervening time to cause the recruit to decide, after the oath, to not want to do it anymore. Someone from SJA could probably answer better on how to avoid going to basic training, but the larger question is the mountain is already half climbed, why head back down now?

Response by Lt Col Jim Coe made Jul 30 at 2019 11:39 AM

Lt Col Jim Coe — Tue, 30 Jul 2019 11:39:00 -0400

There's probably a way out of the "modern Army" at this early stage in one's enlistment. The Army probably doesn't want to spend a bunch of money training a new Soldier who seriously doesn't want to be there. The UCMJ applies from the moment you're sworn in until you are officially released from duty.

Response by SFC Private RallyPoint Member made Jul 30 at 2019 12:22 PM

SFC Private RallyPoint Member — Tue, 30 Jul 2019 12:22:05 -0400

You are not subject to UCMJ until you're on active duty. Your initial delayed entry program contract does not obligate you to anything, it establishes your date initially entered military service, which determines which retirement you are eligible for, and also begins your eight year military service obligation.
If someone does choose to walk away from the DEP it can cause some annoyances down the road when apply to enter military service again. A surprising amount a people are DEP ship no shows, and a surprising about of those dep discharges apply for military service in one of the branches later on.
That is for delayed entry program. If you are prior service, there's no delayed entry program. When you return to the MEPS and sign a contract as prior service, you are signing on to active duty. If you fail to ship out, then you are subject to UCMJ

Response by SFC Private RallyPoint Member made Jul 30 at 2019 1:31 PM

SFC Private RallyPoint Member — Tue, 30 Jul 2019 13:31:48 -0400

As a service, we should never try to keep someone who doesn’t want to be kept. It’ll be a waste of time and money on the government.

To my understanding if they haven’t taken the last oath which is given the day of shipping, then they are not considered obligated.

Response by SSG Brian G. made Jul 30 at 2019 9:35 PM

SSG Brian G. — Tue, 30 Jul 2019 21:35:32 -0400

A recruit goes through MEPS the first time, they pass the hoops and tests, they turn their head and cough. They select an job and roughly the terms. They then sign and raise their hand and swear an oath. This is a binding contract if the DoD wanted to be utter 100% complete jackwad dicks about it but the military wants people that want to be there. Not ones that do not. They more or less consider that period from the time you first go to MEPS until the second time you go and swear in again and then ship as a grace period. A recruit can bug out at any time with no real problems.

It's not until you arrive at your BCT that you are bound and even then if a recruit demonstrates that they do not want to be there, they are generally released. However the longer you go, the more difficult that separation step becomes without blowback.

Response by SFC Melvin Brandenburg made Jul 31 at 2019 12:11 AM

SFC Melvin Brandenburg — Wed, 31 Jul 2019 00:11:01 -0400

Better to find out someone is a non hacker early.