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The Military
Enlistment Contract and You:
by Tod
Ensign
Eight questions about enlistment contracts:
1. What is the Delayed Entry Program
(DEP) that recruiters talk about?
Today,
nearly all military recruits sign a delayed-entry contract. By
signing this, you promise to report on a specific date (up to
a year) in the future. Your term of active-service begins at
that time.
2. Why
does the military use the "delayed entry" contract?
For two reasons.
First, it helps the armed forces plan their training activities
and efficiently distribute new trainees to available "slots."
Second, recruiters believe if a young person doesn't have to
enter the military immediately after enlisting, this will reduce
"sales resistance." Ever hear of the "buy now,
pay later" deal? It's easier to sign on the dotted line
if you're not going to feel it in your wallet right away. Well,
it's the same with "selling" enlistment contracts.
The big difference is that if you discover that something you've
bought is defective, you can take it back to the store and cancel
the "pay later" obligation. You can't do that with
a military contract!
3. Does
the military have to keep its promises of job training, assignment,
etc.?
Maybe. If
your enlistment contract contains a written promise to train
you in a specific school or field, you may be eligible for discharge
if the military breaks its promise. However, there are a lot
of "if's." For one thing, each enlistment contract
contains the following language: "Laws and regulations that
govern military personnel may change without notice...REGARDLESS
of the provisions of this enlistment document." For example,
if a military school decides to admit no more students (or to
raise its minimum scores for graduation) this may negatively
affect your chances.
If you do
not receive the training assignment you were promised, it's often
difficult to do anything about it. Some soldiers have gone to
federal court, seeking to have their enlistment voided but most
judges have refused to become involved.
4. If
I passed the qualifying test for entrance, can I expect to be
able to pass other tests required in the course of training?
Not necessarily.
It's up to you to score passing grades, and successfully complete
all coursework. The military can raise (or lower) eligibility
standards at any time. One Navy official admitted a few years
ago that as many as half of the sailors in its Nuclear Field
Program failed and were transferred to other (often less desirable)
schools and jobs.
5. After
I signed the DEP enlistment contract, my recruiter told me that
I must attend meetings or participate in other activities at
the recruiting station. Must I do this?
No. Legally,
as a DEP enrollee, you are a member of the Individual Ready Reserve
(IRR). IRR members do not belong to a specific military unit,
have no military rank or uniform and are not required to attend
training or drills.
Recruiters
encourage DEP members to come to informal meetings because they
want to make you, the recruit, feel part of the military. They
cannot force you to cooperate but your refusal to participate
may give you a reputation as a "troublemaker."
6. Since
I signed, I've been having second-thoughts about going in. Do
I have to report for active duty?
No. Spokespeople
for each service branch have told us that it's against official
policy to force recruits onto active duty against their will.
Down in the trenches, where the recruiters operate, however,
it's often a different story.
It's common
for people, who ask to be released from their contracts, to be
told by recruiters that it cannot be done. Sometimes recruits
have been told that they can only apply for discharge during
Basic training (!). In some cases, enlistees have been told that
the military police will come to their home and drag them away
on reporting day.
There have
even been instances where recruits have been threatened with
physical violence. One example is Cresta Crump, an African American
from Queens, New York, who received a phone call from a military
policeman after he requested release from his contract. "Do
you plan to give us trouble when we come to get you?" the
called asked. "I'm 6 foot-6, 270 pounds, and have 18 percent
body fat. But I'm not trying to intimidate you," he added.
Despite the
threats (which the Army denies making), Cresta stood his ground.
Today he remains a civilian.
7. If
I decide I don't want to report, what exactly should I do?
You should
find out the name and address of the commander of recruiting
in your area. Write him or her a letter stating that you have
decided that you don't want to go on active duty. You should
state that your mind is made up and that nothing will change
it. If you wish, you can add other reasons (such as a desire
to attend college or trade school), which played a part in your
final decision. Send this letter "certified mail, return
receipt requested." Also, send a copy to your local Congressperson,
attention "military caseworker."
8. What
if my recruiter persists in telling me that he or she will come
to my house on reporting day?
Tell him
or her that your decision is final. If you feel the need for
more counseling, contact us or a local organization. Remember:
you are not on active-duty unless you return to the MEPS center
and take the second oath of duty on your reporting day!
Despite their
bluster and threats, eventually the recruiting command will send
you a letter which states that you have been given an "entry-level
separation" because you "refused to enlist." This
will end your association with the US military.
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