Legal Question in Military Law in Michigan

Getting out of delayed entry reserves in the army

Hi my name is Eric and I signed up for the United States Army Reserves in like Aug of 2001...I am suposed to leave at the end of June, but work has offered me a lot more than the Army Reserves has for pay and college money. I was told by my recruiter that I could get out anytime I want before I ship in the Reserves, but then I hear you can only get out if you are signed up as active. Is this true, and if so what I can I do to have this rectified because I do not want to go in now and I am wondering if I am going to have a problem here. Thanks Eric


Asked on 1/17/02, 4:28 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Getting out of delayed entry reserves in the army

Call your recruiter and tell your recruiter you want out. Unless you have already accepted benefits from the military, generally speaking you can get out of your commitment. This assumes that there are not facts at issue here that you have not disclosed. But do not consider this as legal advice on this subject, for which you should seek assistance from a military lawyer.

However, you may need some administrative or legal assistance to do so. If someone tells you that you cannot get out of your committment, ask to see a JAG officer and have him explain the regulations to you.

Do not rely on this as legal advice. If you want out and the recruiter will not let you out, you must take action within the military structure.

DO NOT REFUSE ANY ORDERS UNLESS A MILITARY LAWYER TELLS YOU THAT IT IS LAWFUL TO DO SO. REFUSING AN ORDER MAY GET YOU INTO SERIOUS TROUBLE.

To be absolutely sure, and you should be before you take any action, consult with a Judge Advocate General (JAG) officer before making any assumptions or decisions.

Good luck.

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Answered on 1/22/02, 8:40 pm


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