Legal Question in Military Law in New Jersey

Military
I enlisted in the air national guard specifically for the education benefits which they knew. What i said was '' I will be trading my services for educational benefits'' which was understood. A little before i was to be sent away to basic i qualified for a grant covering all my educational costs. I thought it still might be a good thing to do to join because my financial aid package might change, but on the way down to the base i got into a bad car accident and totaled my car, i felt pretty disoriented at the time but had no visible injuries. Some one from the base picked me up and then i was bullied into signing papers just a half hour after i was in an accident, it was horrible, then i had to find my own ride back home! I went to the ER and they said i might have a concosioun but the cat scan came out ok, then i went to my nuerologist and said that i should be watched for signs of head trama. This was a week before i was to be sent to basic. I told my recruiter and he basically said that if i came down to the base military doctors would clear me, regardless if i was actually injured. I was horrified, i told them i didn't want to do it . He threatened me about AWOl and the consequences. Can they convict me?

Asked on 12/12/07, 1:20 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

0 users found helpful

0 attorneys agreed

Re: Military

If you signed a contract -- even if you were bullied -- the contract requires you to complete training, and if you don't, yes, they can convict you for AWOL.

Your motivation for going into the NG has no bearing on anything. The point is, you enlisted. You made a committment. Now you have to honor that committment or face the consequences. That is the unpleasant fact of life. While you may claim you were bullied or that the accident rendered you incapable of consent, the chances of either of these "defenses" working is roughly one in one thousand.

Good luck,

Answered on 12/13/07, 12:53 am

Mark as helpful