Legal Question in Military Law in New York

Discharge from the Delyed Entry Marine Corps Program

My 17 year old son joined the DEP (Delayed Entry US Marine Corps Program in 8/07-we were told repeated ly by the recruiters that the papers he signed in this capacity are completely reversible, and he is not committed to going to boot camp until he takes the final oath which he has not done. Is this true? Can he be completely free of this since he now wants to go to college instead?


Asked on 1/09/08, 8:36 pm

3 Answers from Attorneys

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

Re: Discharge from the Delyed Entry Marine Corps Program

I (or any other competent lawyer) would have to actually read the paperwork signed by both you and your son, to give you a definitive answer. But, the first "rule of thumb" is never believe anything a Recruiter tells you that is NOT in writing.

In GENERAL - and I stress the "general" here - if your son was only 17 at the time of the DEP enlistment, a parent or guardian would also have to sign for him. If your son is still under the age of 18, you can revoke your consent. However, if your son is now 18, that becomes irrelevant.

Go back to the Recruiter's Office and speak to the Recruiter that signed up your son, and have your son tell them he wants "out of his DEP" and does NOT want to enlist. If this was all done "above board" they will prepare the paperwork to cancel the DEP enlistment.

Be prepared for them to give you the "song and dance" that he can go to college in the USMC, or that they'll pay for it, etc. If they won't cancel or rescind his DEP enlistment, get back to me.

There are alternatives to fight this if they say he's locked into this enlistment. Contact me privately as this forum is not private nor legally privileged.

Don Rehkopf

[email protected]

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Answered on 1/09/08, 9:10 pm
Philip D. Cave Military Law & Justice

Re: Discharge from the Delyed Entry Marine Corps Program

There is an "out" which can be arranged through the commanding officer of the Recruiting District, for the Recruiter that enlisted your son.

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Answered on 1/09/08, 9:27 pm
TC Langford Langford Law Office

Re: Discharge from the Delyed Entry Marine Corps Program

You have received good legal advice here.

My response is only anecdoctal - not legal. Twenty-five years ago my kid brother did this, and purely by accident I did what was told to you to do -- and they let it slide.

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Answered on 1/09/08, 10:12 pm


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