Posted on Aug 22, 2014
Reenlistment; is it ever possible to back out after signing?
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I have a buddy who got a great job offer in Colorado but he has signed his reenlistment papers already but hasn't done his reenlistment ceremony yet. Can he back out still or is he out of luck?
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Re-enlistment
Re-enlistment
Posted 10 y ago
Responses: 20
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The signature on the contract is just that, a signed contract. Just like any other contract that one may sign, it carries obligations (by both parties). Unfortunately there is no 'buyers remorse' clause on a DD Form 4 (Enlistment/Reenlistment contract).
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Cpl Christopher Bishop
I'm not in disagreement with that, however I do believe a fully volunteer service holds higher value in performance and attitude than a Volun-Told version. Id also take a look at what this job offer the person got it...maybe the guy is some kinda of Rocket Scientist who could be working to develop better gear for the military. Such people should be allowed to serve the greater good, imo...so that should be compared with whatever his contracted MOS would be.
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MSG Wade Huffman
Cpl Christopher Bishop , we do have an all volunteer force, and he did volunteer, and then volunteered again when he signed the reenlistment contract.
What we have here, in it's most basic form, is a matter of contractual law.
IF he were to be allowed out of his contract because of a better job offer, would we then allow ANY service member to leave on their terms if they got a better offer before the end of their contract?
What we have here, in it's most basic form, is a matter of contractual law.
IF he were to be allowed out of his contract because of a better job offer, would we then allow ANY service member to leave on their terms if they got a better offer before the end of their contract?
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Cpl Christopher Bishop
I get your point. I do. Call me an idealist here ... but Id hope the military in general could simply do better to motivate and inspire those whom might try to weasel out of contracts to not want to do so in the first place. And Id like to add, in my observation, the "reason we have contracts" is because sadly, insurances have to be made that people won't duck tail and run when things get dicey. This isn't merely a military problem, its an American Softening of Society problem. What ever happened to OUR WORD ALONE being of any value? I do get the necessity of contracts...but I challenge that very necessity.
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SPC (Join to see)
Cpl Christopher Bishop - Four years later I wonder what has transpired since then. Maybe he learned to like it or bolted before his first deployment. I hope it ended well. You do have some valid points though.
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I have extended and re-enlisted twice so far, and just completed the Army's Mobile Retention Course.
In the Army, once the re-enlistment is approved in the RETAIN system (automated personnel system) it is a done deal. For it to get to this point, you have to be recommended by your Company Commander, you have to sign the DD Form 4, the Career Counselor has forms to fill out and sign, and then the Career Counselor has to input it all into the system. It won't go into the system until everything has been done properly. So once you sign, unless your Retention NCO hasn't put it in the system yet, it is done.
It's like getting married... Once you sign the marriage license, it's legal. The wedding ceremony is nice, but doesn't hold water legally.
In the Army, once the re-enlistment is approved in the RETAIN system (automated personnel system) it is a done deal. For it to get to this point, you have to be recommended by your Company Commander, you have to sign the DD Form 4, the Career Counselor has forms to fill out and sign, and then the Career Counselor has to input it all into the system. It won't go into the system until everything has been done properly. So once you sign, unless your Retention NCO hasn't put it in the system yet, it is done.
It's like getting married... Once you sign the marriage license, it's legal. The wedding ceremony is nice, but doesn't hold water legally.
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TSgt Joshua Copeland
I know in the AF side, it isnt a done "deal" until it is turned in to the Military Personnel Office. Once they get it and process it, your locked in. But if you never turn it in, you never reenlisted in "the system".
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SSG (Join to see)
Unlike Marriage I can not divorce the military until the time is up. So let's say that I have had a change of command and they have pushed me and bullied me till I can not take anymore. I did my reenlistment at a year out expecting to get my bonus then but I don't receive the bonus until the end of the current enlistment. You are saying I can not rethink my situation during that year that I am currently on before the reenlistment starts?
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SSG(P) (Join to see)
SSG (Join to see) - When you reenlist, any time you have left before your ETS gets rolled into your new contract. So if you have 1 year left, then you reenlist for 2 years, you now have 3 years from that day. You should receive your bonus once your paperwork goes through the system. If you do not complete your contract, unless it was for something that allows you to keep any bonus, you will have to pay back the portion of the bonus commensurate with the time you did not complete.
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SSG (Join to see)
SSG(P) (Join to see) wrong. If you 1 year left, you reenlist for 2 you only do 1 etra year...
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I have never signed the papers until after the ceremnoy. However I am pretty sure that a ceremnoy is exactly that just a ceremony. Once you sign the paperwork I believe you have alreayd committed yourself.
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Sgt (Join to see)
Thank you and sorry about your package. I'm surprised medical signed off on mine because of my hip problems.
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LtCol Dave Jonas
That is a legal question more than anything else. You should consult with an attorney on that issue, but unless you can show some kind of fraud or duress imposed by the recruiter, or some fraud on your own part where you hid criminal convictions or drug usage, there is probably no way out. Indeed, the time to think about this was probably before you signed the document. Generally, it is not wise to sign something that you don't intend to perform.
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SSgt Gregory Guina
LtCol Dave Jonas Sir I was thinking the same thing. I have a feeling that he was on the fence about re-enlisting but didn't have any options so he signed the contract. Now that there is a job offer he wants to take it and go.
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SGT Steven Eugene Kuhn MBA
Without going into detail, there are always moral and legal ways to end an enlistment early that results in an honorable discharge and no derogatory statements.
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