Legal Question in Military Law in Maine

Can the Navy change the terms of a contract two years after you sign it?

I was still on the fence as to

whether to stay in and do a Dept Head tour or not so I looked at the bonus contract pretty hard because I didn't want to sign something I did not fully understand. I wrote both of the policy POCs listed on the FY07 contract for clarification on the contract wording. I specifically asked what happens if a member declines to become a Dept Head (opts out)? The way the FY07 contract was worded, if someone opted out they would have to pay back any un-earned portion of their bonus, and the 5 year time

commitment would stop. Both POCs wrote me back saying this was

the case. The wording was changed in the contract for FY08 to read that if one opts-out they would be required to pay back all payments they received in full and the time commitment would stop.

It is time to make the decision and the opt-out contract now states that you must pay back the full amount of money received and that signing the opt-out contract nulls my FY07 contract. The Navy gives me no other option and says that even though the contract I signed said otherwise, I have to pay back the money. That is not what I signed, can they legally change the terms of a contract two years after I signed it?


Asked on 4/07/09, 4:41 pm

1 Answer from Attorneys

Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Can the Navy change the terms of a contract two years after you sign it?

I see no one has tried to answer this VERY complex question. As a GENERAL rule, the document / contract that you sign governs what happens after that per the terms in effect at the time that you signed it.

BUT, the military has ways to screw you IF they do it correctly. The only way any reputable lawyer is going to be able to give you any more precise advice is to actually review the document(s) you signed in 2007.

If you'd like to discuss this further, please contact me directly at my office.

Good luck

Don Rehkopf

[email protected]

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Answered on 4/10/09, 6:23 pm


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