Legal Question in Military Law in Wisconsin

Could it be a fraudulent enlistment?

My question involves a extension in enlisted military service. I did my obligatory 4 years of active duty in the Regular army, and then did the rest of it (4 more) either as a Nat. Guardsman or as an AGR, which is a reservist on active duty under USC 10. Well, I did an extension, but was not afforded the opportunity to actually take the oath of enlistment or extension. Does this provide a legal loophole through which I could end my contractual agreement with the Army Reserve. Now bear in mind that I did sign the contract (DD 4), but didn't raise my right hand. I don't think the president would be able to act in official capacity until he has been sworn in, and there seems to be some language in Chapter 47 of UCMJ that implies that one falls under military control only after professing the oath of enlistment. To wit, perhaps I am not obligated to the servi ce under this extension because I did not profess the oath.....


Asked on 12/10/98, 10:13 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Could it be a fraudulent enlistment?

I do not find such an argument persuasive. That would not and should not keep you from making the argument, but I wonder if it will be well regarded. Also, since this is an extension as opposed to a re-enlistment, I am not sure you are required to take the oath, since in effect all that is happening is that you are "extending" the oath you have previously taken.

This is an "off the cuff" response and I have not researched the issue. You should probably contact a JAG office and ask them.

Anthony DeWitt

DeWitt Law Office

11835 Roe Ave, Suite 124


Read more
Answered on 1/22/99, 10:52 am


Related Questions & Answers

More Military Law questions and answers in Wisconsin