Legal Question in Military Law in Florida

Army at 17?

My son signed up with the Army reserves at the age of 17. I signed consent for him to go to the Meps Center but was never given a copy of (nor did I sign)his military contract. After his visit to the Meps Center I learned that his recruiter had mislead us regarding many of the aspects of his enlistment. The matters in which he mislead us were very serious including the length of service, my son's ability to go to the college of his choice, and my son's ability to change his mind regarding this enlistment. I repeatedly asked the recruiter if my son changed his mind and wanted to wait until after he graduated (my son is only a junior) to go to bootcamp, etc if he would be allowed to wait witout reprecussions and was told that would not be a problem. I now find that none of this is true and that, if my son changes his mind (which he has) he can be considered AWOL and receive a dishonorable discharge. I feel very mislead and, though I made a verbal complaint and received an apology from the recruiter, it does not change the fact that my son is now enlisted under false pretenses. My question is, since he is only seventeen and I never saw or signed any contract is this a valid enlistment?


Asked on 4/23/04, 3:31 pm

2 Answers from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Army at 17?

Your son has a valid enlistment. It was valid when he signed with your permission. You did not sign (or see) the contract because you are not a party to it. Young men and women often claim to have been misled by recruiters, and often it is true. The question of proving it is a different matter. What is on the enlistment contract in terms of what is guaranteed, and what the recruiter may have added as an inducement to get your son to sign, may be two very different things. The contract that binds your son is the one that is in writing. Nothing said by the recruiter will change that fact, or alter the terms or the binding nature of the agreement. However, if you feel there has been a material misrepresentation by your son's recruiter, you should report that to the recruiter's immediate supervisor for his or her action. That's all you can do initially. If you don't get satisfaction, sometimes your local TV station will pick up your story and broadcast it on the evening news, if they feel it is noteworthy. You can also contact your local newspaper. But you should only do those things after you give the Army a chance to find out if the recruiter engaged in any misconduct, and if so, to rectify the situation with your son's enlistment contract. The military employment contract is one of the few in existence which allows for criminal penalties for violating it. Yes, your son could earn a federal conviction and jail time for violating the agreement at any time after he goes on active duty. The time to fix any problems would be before he begins his first period of active duty.

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Answered on 4/23/04, 4:55 pm
Philip D. Cave Military Law & Justice

Re: Army at 17?

Is your son still in the Delayed Entry Program?

If so, there is a possible solution.

Sincerely, www.court-martial.com

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Answered on 4/23/04, 9:04 pm


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