Legal Question in Military Law in Florida

I enlisted in the U.S. Navy on March 1988 when I was 17. I just found out (via a records inquiry) that the recruiter forged the signatures of my father and mother (who were not present) in order to elist me at 17.

At that time I was not too sure I wanted to join the military since I had good grades and had been accepted by state universities, but the recruiter kept visiting my house regurlarly insisting that I join the Navy, so I did.

Could this be revived?

Thank you.

Asked on 11/20/09, 7:34 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No. Probably way too long. Contact the military.

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Answered on 11/25/09, 11:47 pm

The short answer is: It's up to the Navy, not you.

If you were not eligible to enlist at the time you enlisted, that cannot be waived "after the fact" to allow your continued service. Of course, there are the inevitable proof problems after the passage of such a long period of time.

If you were eligible to enlist back in 1988, but needed (permission from parents, a waiver, etc.) that you never obtained, then it is up to the Navy to decide if THEY (not you) want to grant you a "retroactive waiver" and keep you on active duty.

I am answering your question with respect to "what can the Navy do?" As Alan Wagner has pointed out, if YOU are attempting to void your enlistment because mom and dad did not sign, it's too late. You have obviously reenlisted at least once since reaching age 18.

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Answered on 11/26/09, 3:21 pm

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