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When you sign your contract at MEPS are you bound by that contract, by that I mean if someone decides the next day they dont want to do the military and they leave while still at meps can they be held accountable under UCMJ. Or is is it once you get to basic training you are bound by your military contract.
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UCMJ
UCMJ
Posted >1 y ago
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You are not subject to UCMJ until you're on active duty. Your initial delayed entry program contract does not obligate you to anything, it establishes your date initially entered military service, which determines which retirement you are eligible for, and also begins your eight year military service obligation.
If someone does choose to walk away from the DEP it can cause some annoyances down the road when apply to enter military service again. A surprising amount a people are DEP ship no shows, and a surprising about of those dep discharges apply for military service in one of the branches later on.
That is for delayed entry program. If you are prior service, there's no delayed entry program. When you return to the MEPS and sign a contract as prior service, you are signing on to active duty. If you fail to ship out, then you are subject to UCMJ
If someone does choose to walk away from the DEP it can cause some annoyances down the road when apply to enter military service again. A surprising amount a people are DEP ship no shows, and a surprising about of those dep discharges apply for military service in one of the branches later on.
That is for delayed entry program. If you are prior service, there's no delayed entry program. When you return to the MEPS and sign a contract as prior service, you are signing on to active duty. If you fail to ship out, then you are subject to UCMJ
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SFC(P) (Join to see)
I've also heard Reserve and NG are also different since they do not go into the DEP they join there Unit before they ship to BCT. I could be wrong but wasn't to clear on that end.
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SFC (Join to see)
SFC(P) (Join to see) that's true. They would just be separated for unsatisfactory attendance
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Legally, it is a contract. I would have to ask, why the change of heart? A recruit isn't really pressured into to going to MEPS. They have already met with a recruiter and spent some time asking questions and deciding on a branch and MOS. The MEPS appointment was scheduled and there was time to think about the decision. I would be curious as to what happened in the intervening time to cause the recruit to decide, after the oath, to not want to do it anymore. Someone from SJA could probably answer better on how to avoid going to basic training, but the larger question is the mountain is already half climbed, why head back down now?
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As a service, we should never try to keep someone who doesn’t want to be kept. It’ll be a waste of time and money on the government.
To my understanding if they haven’t taken the last oath which is given the day of shipping, then they are not considered obligated.
To my understanding if they haven’t taken the last oath which is given the day of shipping, then they are not considered obligated.
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CPT (Join to see)
SFC (Join to see) - I think under the above circumstances, I would agree with you. However, there has to be a way for the government to recoup its initial investment in a soldier. It wouldn't make sense for the Army to invest in teaching a new 35P a language and getting them a TS clearance, and then to just let them leave the service because they don't want to be kept.
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SFC (Join to see)
I agree, however the fix is not to make someone serve who doesn’t want to because I guarantee they will not make it out of basic, due to failing requirements on purpose, which results in a waste of government funding. They can revoke the clearance so the member wouldn’t be able to benefit from the clearance. As well as code them so they would have to wait a certain amount of time for re-entry or if possible no future entry. Potential recruits change their minds all the time, some have valid reasons and some are just afraid, however we can’t take it personal if they do because at the end of the day serving is an individual journey and their heart must be into it in order to be successful and in order for any organization to benefit from the service member.CPT (Join to see)
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