Legal Question in Military Law in Florida

Son needs military legal advice

My son sign a contract for the navy in nov. of last year. Know he does not want to join. They are telling him he has to go because he signed a contract. What can he do?


Asked on 7/30/08, 9:04 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Son needs military legal advice

The Navy can probably enforce the contract against him. However, there still may be a way to get out of the obligation. You should consult with a local attorney about the facts and circumstances and seek an opinion from someone who has handled miitary matters in the past.

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Answered on 7/31/08, 8:43 am
Philip D. Cave Military Law & Justice

Re: Son needs military legal advice

It depends on his exact status in relation to his 'report date.' If he has yet to report, then the rules generally permit a person to withdraw from the contract. There is a process to do that. On my website I note that it's unlawful to threaten people about their enlistment obligations.

Generally there is a formal letter that must be sent to the proper decision maker. The recruiter is not the proper decision maker, and of course they have a personal interest in getting the person to report.

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Answered on 7/31/08, 1:56 pm


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