Legal Question in Military Law in Minnesota
How binding are enlistment contracts?
My son has signed an enlistment contract with the Marines (its an open contract with no guaranteed job). At the time he signed it, he also took an oath. He doesn't have a departure date for two more weeks. We've been told that he will take an oath again just prior to shipping out. Does this mean the contract/oath he is currently under is not binding if he now wishes not to go into the Marines, but wants to go into another service? If it's not binding, then how or can he ''break'' the exisiting contract?
1 Answer from Attorneys
Re: How binding are enlistment contracts?
Recruiters don't like to admit it, but until your son's report date and actual reporting he can "break" the contract.
There is a process to do that. Typically the recruiters then do their best to keep the person on track to report. They lose the quota.
Some recruiters, fortunately few, actually threaten prosecution for AWOL or desertion.
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