Legal Question in Military Law in Illinois

Military Delayed Entry Program/Reporting to Bootcamp

I am writing this question in response to another question I saw on here. A person asked what would happen if they did not show up to boot-camp after enlisting in the military. The answer that was given to this person-''Contact a Lawyer''- was very unsatisfactory.

The answer to ''what happens if I've enlisted in the military, haven't yet left for boot-camp and want to get out of my enlistment'' is this: If you have not yet started basic training, you are free to terminate your contract. No if ands or buts.

UCMJ law states that the recruiter has a right to pursue people that do not show for basic training, but there are no legal repercussions, such as arrest, AWOL or UA status or dishonorable discharge.

Many recruiters tell young recruits who don't show or change their minds that they will have a warrant put out for their arrests, will get a dishonorable discharge, etc., but all of this is untrue.

If you are having military legal problems, I suggest you google ''GI Rights Hotline'' or ''The Center for Conscious and War'', two organizations who provide free legal advice and in some cases, free attorneys.

So, my question is this: Why should someone use this website if the advice they receive is ''Call a Lawyer''?


Asked on 8/14/08, 3:09 pm

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Military Delayed Entry Program/Reporting to Bootcamp

They should use it to get accurate legal advice based on a clear set of facts and pertaining to their particular situation. Any moron can rely on the information put out by organizations you referenced -- many of whom have their own political axes to grind. And if someone does that, then they deserve exactly what will happen to them.

Legal advice is predicated on a clear and precise set of facts. Most of the time when people ask a general question without giving us enough facts, we tell them to speak to a lawyer for more information. We do this because it is better to get a solid legal opinion from a lawyer than to rely on a general question and general answer on a website. The devil is always in the details.

If someone wants to rely on the urban legends you've just set out above, most of which is pure crap, they can do that. But I won't be visiting them at Fort Leavenworth when they do.

On the other hand if they have a question and need legal help, the best place to get it is from a lawyer. It is better not to know a lot of things than to know a lot of things that are wrong. Ignorance is curable; arrogance rarely is.

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Answered on 8/14/08, 3:34 pm
Philip D. Cave Military Law & Justice

Re: Military Delayed Entry Program/Reporting to Bootcamp

I agree, and I'm a lawyer who frequently answers questions on this site.

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Answered on 8/14/08, 8:33 pm


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