Legal Question in Military Law in Missouri

Breaking Army Contract While Deployed.

How do I legally break my Army contract after I reenlisted during my deployment here in Iraq with an Honorable Discharge and not lose a single penny? I have come to realize that my mind and body can't handle the military anymore. I am prior service with 8 years altogether. I need to be a civilian again and I'm tired of being held here against my will. What can I do? I'm even started contemplating bad things and I don't want to do that. Help me become a civilian again without ANY negative marks and without loss of money or benefits.


Asked on 1/25/08, 7:21 am

1 Answer from Attorneys

Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Breaking Army Contract While Deployed.

First, I recommend that you seek immediate medical care. Report to sick call and tell the examining physician how you feel and why. They should take it from there. If you are found fit for duty, you likely have no grounds for lawfully breaking your contract. You are not alone. Many soldiers feel like you feel. I also recommend speaking with your unit chaplain. The Army will expect you to seek medical and spiritual guidance before considering other options. The concept of breaking your contract without losing a penny does not exist. If you received a reenlistment bonus and you are discharged, either voluntarily or involuntarily, you will have to pay back the unused portion. If you do anything to break your contract unlawfully, like going AWOL and ultimately getting chaptered out by the Army, you are unlikely to receive an honorable discharge. You may also want to seek the advice of a Trial Defense Services attorney at the nearest TDS office.

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Answered on 1/25/08, 8:37 am


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