reply to post by saint4God
Saint,
Chicken soup a la cyanide is an interesting analogy. juss sayin'.
back on topic and minus any personal attacks
-
The military does provide a slough of loopholes I HAVE researched it, I married into it, and I support the military though I have issue with many
policies and the like.
I realize that personal opinion can be very powerful, but the information is there for all to find and a trip to any recruiter or even a call to a
recruiter can clear up many your questions. I suggest you do that as I have.
That's not a snippy response either. I could spend all day discussing the issue of military and it's pros and cons and provide facts and supporting
documentation both for an against - but I'm here to simply provide the other side of the discussion and hopefully encourage people to question and
investigate further.
I am not interested in making things easy by providing endless linkage and PDF's etc etc etc ad nausea....with one phone call you could have all the
answers you need. Right from the horses mouth and without my colorful comentary or suggestion.
here's a few hints though so you know what to ask about - knowing how most sales pitches work - you gotta know what to ask to get the real scoop.
Delayed Enlistment Program
Search for a copy of the - Department of Defense Form 4/1
You will notice that at the very bottom of this STANDARD form(DoD4/1) (used for all of the services) the CLAUSE:
The agreements in this section and attached annex(es) are all the promises made to me by the Government. ANYTHING ELSE ANYONE HAS PROMISED ME IS NOT
VALID AND WILL NOT BE HONORED.
now let's clarify "easy" okay?
As opposed to packing up said young family and hightailing it to Canada on the lam, the stress and fear of deportation and likely court martial upon
her deportation, the breakup of her new family and legal expenses incurred and yet to be incurred - yes her options comparatively WERE easy.
She dug a hole, ignoring the escape routes available which would require her to face up to her obligations and provide information and reasons as to
why she should be released from her obligation of active duty. NOW her issues are much bigger - oh well - back to what she could have and should have
done:
Discharges to investigate:
Honorable
Under Honorable
Under Other Than Honorable
Entry Level Separation
Bad Conduct and Dishonorable - often include jail time or severe fines
There is no breach of contract if you have lied to your recruiter or they have lied to you (unless it can be shown in writing or other corroborating
evidence as I mentioned earlier)
The contract is pretty dang specific and the same theme is reiterated on several pages of it requiring signature and acknowledgment of the
contents.
found on Section D and block 13a of the Enlistment Contract (standard form)
"I certify that I have carefully read this document. ANY questions that I had were explained to my satisfaction. I fully understand that only those
agreements in section B of this document or recorded on the attached annex(es) will be honored. ANY OTHER promises or guarantees made to me by anyone
are written below."
The time limit for Voluntary Discharge when enlisted under the Delayed Enlistment Program is a standard 30 days.
This is THE most common enlistment for those entering the reserves (commonly those under the age of majority) - the article did not state which method
of enlistment she enlisted under so this is speculative.
Hardship - if one does not qualify for a release under hardship they may qualify for reassignment to a Humanitarian Assignment.
The Army's definition of hardship:
"In order to qualify for separation under this provision, the hardship must not be of a temporary nature; must have developed or become increasingly
worse since entry on active duty; discharge or release from active duty is the only readily available means of alleviation; and the individual must
have made reasonable effort to relieve the conditions through other means available and appropriate to the family circumstances."
As demonstrated by her choice to flee her responsibility and assume AWOL status - she would not qualify now. She could have however prior to listing
as AWOL.
Pregnancy - The Military has tried to make it easier for families and all enlisted with children be they single or coupled are required to have a
Family Care Plan. If they are not able to meet the requirements of that plan they may be eligible for release under a general discharge or an
honorable discharge.
had she not chosen AWOL and applied for a discharge of this kind she more than likely would have been successful. it is not an option for her now.
Early Discharge for Education - N/A to this issue - but allows for an early discharge up to 90 prior to normal discharge date - is subject to approval
by the CO. As yet only the Navy really employs this discharge and teh Marines, Air Force and Army do not.
The Convenience to the Government discharge - the catch all which applies to my statement of "the military doesn't want you if you don't want it."
it covers many different forms of inconvenience to personnel which might inconvenience the government/military machine in general terms.
This would have been her best option and this one is relatively easy. Demonstrate that your beliefs, situation at present and immediate future, mental
state (whatever) might create an inconvenience and or prevent you from fulfilling ALL of the terms of your contract and you can apply. It is time
consuming, but there are no active deployments while a "discharge" is being decided and as I said it can be appealed until the cows come home (also
an inconvenience hint hint)
Conscientious Objector - likely her current line of excuse and will undoubtedly fail. While you can excuse yourself from active duty and receive a
discharge under this clause relatively simply with repeated appeals of course) it has to be a blanket objection and not one based solely ona
particular war or deployment. And this one is likely no longer an option as she has chosen AWOL status.
Search for: DoD Directive 1300.6 for more information on the eligabilities and how they classify certain issues.
there are soooo many more and I leave this with you as a Military 101 of sorts. Hopefully others who have been thinking of the military as a career
will also research these as well as the actual contracts BEFORE signing.
Her actions have now limited her options and a court martial is pretty much a given once she is deported (and she will be). She, as does anyone newly
recruited. have relatively simple options for getting out, BUT they must face the obligation head on as opposed to running in order to limit the
amount of grief and time and energy involved in breaking the contract.
had she tackled this in the first few months of enlistment she would not be in this mess currently.
Compared to her situation now...yes her options were simple and relatively easy. much easier than what she's facing.
happy researching.
And as for Canada there is a clause similar to the 30 day clause under the Delayed Enlisment.
[edit on 1/15/2009 by justgeneric]
