Legal Question in Military Law in Ohio
breaking a contract
When my daughter was 17 she signed up to join the Navy. Her recruiter told us that the contract wasnt binding till she signed and swore in a second time. Is this so? She is now 18 and is thinking of changing her mind (war issues). I would like to find out before we speak to the Navy. Thank you for any help.
2 Answers from Attorneys
Re: breaking a contract
Was she a DEP?
If so, there are ways to "break" the contract.
She should definitely not sign a new one if she doesn't want to serve.
breaking a contract // Reply
Without actually reading the "Enlistment Contract" that your daughter signed, I can only give you general information. I will assume here that neither parent nor a legal guardian for your daughter signed the Enlistment papers. Generally, if they did, that would constitute proper consent.
Second, it must be clear from the document that your daughter was in fact only 17 at the time of her signing such - is her date of birth correct, or did the Recruiter "fudge" that?
Another issue that could complicate things is whether or not your daughter received any type of pay, benefits or whatever from the Navy during the interim here.
I am the Co-Chair of the Military Law Committee for the National Association of Criminal Defense Lawyers - I'm not sure where in Ohio you are [my brother lives in Columbus, my one sister in Ashland and I am also licensed to practice in Ohio], but you should probably have a lawyer familiar with "Military Law" look over your daughter's Enlistment Papers and have the lawyer contact the Navy to insure that she can "rescind" the enlistment. Do not wait too long for obvious reasons.
Good luck to you and if you have any other questions, please e-mail me directly.
Regards,
Donald G. Rehkopf, Jr.
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