Legal Question in Military Law in Oklahoma

I joined the national guard and have not went to basic training but I am in the rsp program for which I get paid to go to drills untill I leave for Basic. Is there any way I can get out? ( quit ) The reasons, grandparents want to take me to court for custody of my kids because I am leaving them. Their dad does not want them so my fiance was going to keep them. I am so stressed about all this its honestly tearing my family apart.


Asked on 7/20/10, 4:56 pm

1 Answer from Attorneys
James Matthew Branum James M. Branum, Attorney at Law

Good news! You can get out of the DTP (delayed training program) very easily.

The relevant regulation is AR 601-95 (see http://www.usarec.army.mil/im/formpub/REC_PUBS/r601_95.pdf ). Basically you need to write a letter to your Guard unit stating that you wish to be discharged and to have basic training date cancelled. The unit will try to talk you out of it, but according to regulations they are REQUIRED to discharge you with an uncharacterized entry level separation. However, if they talk you into showing up for basic training, you are screwed. No easy way out then.

You do not need a lawyer to do this, but if you want the extra assurance of an attorney I would be glad to help you at a reasonable cost. Please feel free to call me or email if you are interested.

Good luck!

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Answered on 7/20/10, 9:12 pm


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