Legal Question in Military Law in New York

Re: enlistment///\\\REPLY

Yes, Enlistment paperwork is a valid and BINDING contract that once you sign, you are obligated to. NOTHING that the Recruiter tells you has any legal meaning or effect UNLESS it also is in writing.

Common examples of their misrepresentations include, "you can resign," "after a couple of years, you can transfer to the Reserves or National Guard," etc. While technically that COULD happen, (a) it rarely does; and (b) it will ONLY happen if the Service wants to let it happen as legally it is their option, not yours.

If you sign the paperwork and change your mind, you are totally at their mercy. Depending on what THEY want to do, they could order you to active duty anyway, they could do that and not then give you your guarantees, or if their recruiting quota has been met [very unlikely these days] they could just accept your "resignation." However, do not count on that. If they have your signature, they have your body and if you refuse to report to active duty, technically they could criminally prosecute you for being AWOL if you fail to report. While that is unlikely, it is possible, so why even put yourself into that predicament?

My advice is that if you are at all unsure, delay making your decision. If you have any more specific questions that deal with what happens if they cannot give you what they claim to "guarantee," please e-mail me privately.

Hope this helps.

Don Rehkopf

Attorney at Law

[email protected]