Legal Question in Military Law in New York

Re: Enlistment

Yes, it is a binding contract between your son and the U.S. Government. You have struck a familiar chord, however, with the whole issue of whether he has actually submitted himself to the jurisdiction of the military. Those of us in the military justice field can attest to our observations that a delayed entry recruit who has yet to report is in a much better position than one who reports then decides to leave. No attorney can legally (or ethically) advise your son not to report. However, insuring he makes an informed decision relative to what he signed and his misgivings about joining is very important. My advice is that you consider engaging an attorney experienced in military law and justice matters.

Re: Enlistment

Enlistment contracts are valid and binding. I would advise your son to honor his commitment. If he cannot withstand the rigors of military discipline, the USMC will separate him. But if he doesn't try, you make it easier for him to quit any other endeavor he sets himself on.

There are a lot of "jailhouse lawyers" (i.e., people without a law degree who claim to know things) that will offer you and your son a lot of different advice. Mr. Sikes observations are right on the money in my book.

One further observation. No parent wants their child in the military in this environment. The world is a dangerous place. But be careful of letting your fears dictate what your son does. That can have consequences for your relationship later.

Re: Enlistment

Actually your son can get out of his enlistment so long as he has not reported.

There is a process to do that.

Be careful because the recruiter who recruited your son is not the person who controls that, he/she has a personal interest.

It's important that steps be taken BEFORE reporting.

This is not an issue of failing to report.

Re: Enlistment

Since your son is 18, he has the right to enter into a contract and this is a legal contract. It MAY be possible to rescind his enlistment before he reports, but any competent attorney would have to review all of the paperwork that he signed first.

As one of the other responders noted, BEWARE of the Recruiter - they will tell your son anything, to include outright LIES, since they have a monthly quota to make.

Lastly, if it is not resolved before his "Reporting Date," it is a crime for him not to report, so don't waste time getting to this.

Please feel free to contact me directly if you need any additional information or assistance.

Good luck,

Don Rehkopf

[email protected]