Legal Question in Military Law in New York

Getting out of an elistment

My son signed an enlistment contract for the Delayed Entry Program for the Army in June. His ship out date was Aug. 22. When he arrived with his recruiter on that day to the MEPS, he was told his background check was not completed because they lost his fingerprints and could not go out. So, he came home, and was supposedly going to leave 4 days later. He changed his mind, and is trying desperately to get out of his contract. He returned with his recruiter to the MEPS when he was supposed to, (the recruiter was well aware that he wanted out, and assured him that all he had to do was sign the out-processing papers) and they gave him a big-time run around. They told him he needed to give them 45 days notice, and made him sign up for a different MOS, with a ship out date of Nov. 12. This will give him more than 45 days to get out of this. Does all this sound on the up and up, or should we consider getting legal counsel?


Asked on 8/26/02, 6:46 pm

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Getting out of an elistment // Reply

If your son was 18 at the time that he signed his original enlistment contract, you need to RUN, not walk to a lawyer. He's a victim of a common scam, i.e., "bait and switch."

They cook up some excuse for a guaranteed MOS on the DEP, and then trick the individual into signing up for some god-awful MOS that (a) he probably didn't really want; and (b) will probably hate.

It is definitely not on the "up and up" provided that what your son relayed to you is not leaving anything out. Can he get out of it completely?? Well, no lawyer will be able to give you an opinion on that without reading ALL of the papers that he signed, originally and then the second time.

Finding a lawyer who will take this case is never a problem, provided that you can pay the legal fees. BUT, this is an extremely complicated area of the law - one that few lawyers have any experience in, and so, you need to insure that whoever you (or your son) retains, not only has experience in handling "military law" issues, but has actually handled "deceptive enlistment" cases before.

Even though you now have a November "reporting" date, don't delay, as it takes time to deal with any of the military bureaucracies.

If you have any further questions, please feel free to e-mail me privately. Using this list server, offers NO privacy nor "attorney-client privilege."

Good luck,

Don Rehkopf

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Answered on 8/26/02, 6:58 pm


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