can you have a lawyer when you sign your military contract

by Okey Anderson 8 min read

You can request free legal counsel from the American Immigration Lawyers Association Military Assistance Program. Most people who enlist join through the Delayed Entry Program(DEP) sometimes called the Future Soldiers Program.

What happens when you sign a contract with the military?

Oct 11, 2011 ·

What do you need to know about US military enlistment contracts?

How long do you have to serve on a military contract?

Answer (1 of 5): It is not worth paying a lawyer to go the the recruiting office with you. First, you will be spending a large number of hours there (and especially at MEPS), thus the lawyer fees would add up very rapidly, and with little to no benefit to the enlistee. Enlistment contracts are ...

Can I get Out of my military contract?

Aug 28, 2019 · When you sign that enlistment contract, you are obligating yourself to the military for a total of eight years. ... The key is, once you join, if there are any conflicts going on, the military can hold you past your normal separation or retirement date. Up until October 2003, the Army and Navy were the only services that offered active-duty ...

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What happens when you sign a military contract?

When you sign that enlistment contract, you are obligating yourself to the military for a total of eight years. Whatever time is not spent on active duty, or in the active Guard/Reserves (if you enlisted in the Guard/Reserves) must be spent in the inactive reserves.

Can you back out after signing a military contract?

You have signed a legally binding contract obligating you to fulfil the terms of that contract and there are no provisions for early outs, quitting, or abbreviated tours unless the Defense Department decides it is in their best interest to let you go before your original date of retirement or separation.

How can you get out of a military contract?

Here are four types of early outs:Conscientious Objector Discharge.Early Release for Education.Military Hardship Discharges.Convenience of the Government.Military Service Commitments.Nov 22, 2019

Can you negotiate a military contract?

Keep in mind that you can't negotiate enlistment incentives. Military recruiters and the job counselors at MEPS have no authority to decide who gets an incentive and who doesn't.Aug 28, 2019

Can you buy out your military contract?

Discharge by purchase, colloquially called buying oneself out of service, is the obtaining of a military discharge by payment. The purchase price is in effect a fine for leaving military service earlier than the date contracted for when enlisting.

Can you change your mind after MEPS?

If you have NOT been to the Military Entrance Processing Station (MEPS) and have NOT taken an Oath of Enlistment, you are free to quit the process at any time. Just because you arrive at MEPS does not mean you are fully committed with no chance of deciding not to commit after all.

What is the shortest military contract?

Two yearsTwo years is the shortest amount of time a new enlistee can sign up for active duty, however, there is a catch. You actually have an eight-year commitment but you can perform this commitment as an active duty member, a Reservist, or Individual Ready Reservist (IRR).Apr 13, 2020

Can you get kicked out of the military for having too much money?

There's nothing in an enlistment contract that says you have to leave the military if you come into a large sum of money, but there is a clause that allows for service members to request a discharge under "unique circumstances."

What do you get to keep when you leave the military?

0:3910:45Items you keep when you leave the Army - YouTubeYouTubeStart of suggested clipEnd of suggested clipUniform. All that stuff i mean sometimes there's uniforms that you do have to turn in but theMoreUniform. All that stuff i mean sometimes there's uniforms that you do have to turn in but the majority of your uniforms.

Is 20 years in the military worth it?

Many military members stick around for 20 years just to earn retirement benefits. Stay on active duty for as long as it's challenging and fulfilling. But if it becomes too much, consider joining the National Guard or Reserves to continue your military career and earn your retirement benefits.Mar 10, 2022

Can I watch my son swear in at MEPS?

Members of your family are welcome to watch you take the oath. A waiting room is available for them. Your family may take photographs of you with the military officer administering the oath.

What should I ask for in my military contract?

Your job. The enlistment contract should clearly state your job or MOS. ... Education incentives. Depending on your own educational goals, you have several options for education incentives. ... Enlistment bonus. ... Your enlistment period. ... Rank. ... First duty station.

Recruiter Promises Versus Contract Guarantees

No matter what your recruiter promised you, if it's not in the enlistment contract, or in an annex to the contract, it's not a promise. Also, it do...

College Loan Repayment Program

All of the active services, except the Marine Corps and Coast Guard, offer a college loan repayment program (CLRP). The Army Reserves, Navy Reserve...

Guaranteed First Duty Assignment

The Army and the Navy are the only active duty services which can offer a guaranteed first duty assignment. However, since the invasion of Iraq, th...

Other Parts in This Series

1. What the Military Recruiter Never Told You 2. Choosing a Military Service 3. Meeting the Recruiter 4. The Enlistment Process and Job Selection 5...

What is the contract for joining the military?

Joining the military as an enlisted service member is a serious commitment requiring you to sign an enlistment contract. For first-time enlistments in the U.S. military, the contract includes minimum active duty and/or inactive reserve duty obligations along with the particular job you will hold in the military, ...

What happens if you fail to comply with your enlistment contract?

Because of this, if you fail to comply with the obligations in your enlistment contract, the military can pursue potential criminal or civil penalties against you. However, it also means that the military is obligated to abide by the terms of the contract that it signs with you as well. While certain benefits and incentives from ...

How long does it take to become a MOS?

Some MOS training that takes a longer time, such as training to be a medic or a linguist, might require you to commit to a minimum of six years, while others allow two or three. Be sure to ask your recruiter about the training required for different MOS positions and how long they will take to complete.

What is an enlistment contract?

An enlistment contract is a legally-binding agreement between you and the Army, Navy, Air Force, Marine Corps or Coast Guard. Because of this, if you fail to comply with the obligations in your enlistment contract, the military can pursue potential criminal ...

How many years of service do you need to be in the military?

A standard military enlistment contract often requires four years of active duty and four years of inactive reserve service. A typical contract to enlist directly in the Reserves or National Guard often requires eight years of inactive service.

How long is an active duty contract?

While most active duty contracts feature a four-year active duty service requirement, some offer contracts of two, three or six years. The length of service options available to you may depend on the training required for your MOS.

Is enlistment bonus enforceable?

It doesn't matter what your recruiter promised you, if it's not laid out in writing in the enlistment contract, or in an annex to the contract, then it's not enforceable. So if you were promised things such as an enlistment bonus or any special military schools or training (such as the Army Airborne School or language training at the Defense Language Institute ), they need to be in the final enlistment contract that you sign. After all, the bottom of most every enlistment contract states:

How long is the Army contract?

The Army offers enlistment contracts of two years, three years, four years, five years, and six years. Only a few Army jobs are available for two and three year enlistees (mainly those jobs that don't require much training time, and that the Army is having a hard time getting enough recruits).

What if you are not promised an enlistment bonus?

If you were promised an enlistment bonus, for example, it needs to be in the final active duty contract, or chances are you'll never see that bonus. Once you get out of basic training and job training and go to the personnel office at your first base, they're not going to give one hoot about what anyone "promised" you—they're only going to care about what is in the enlistment contract.

How long is the Army 2 year enlistment?

Additionally, under the Army's 2-year enlistment option, the two years of required active duty don't start until after basic training and job-school, so it's actually longer than two years. The other services offer four, five, and six-year enlistment options (The Air Force only offers four and six-year enlistments).

How much is the Navy's enlistment bonus?

The Navy still caps enlistment bonuses to a maximum of $20,000. The Coast Guard presently offers a top enlistment bonus of $15,000. Of the five active duty services, only the Army has elected to increase their maximum active duty enlistment bonus cap to the $40,000 authorized by law.

How long is a non-prior service enlistment?

It may surprise you to learn that all non-prior service enlistments in the United States Military incur a total eight-year service obligation. When you sign that enlistment contract, you are obligating yourself to the military for a total of eight years.

How long does it take to become a Navy enlisted?

Six-year enlistment options are not open to all jobs, at all times. Most Navy jobs are available for four-year enlistees, but some special programs (such as Nuclear Field) require a five-year enlistment. These special programs usually offer increased training opportunities and accelerated promotion.

Which military has the fewest enlistment bonuses?

The Air Force and Marine Corps offer the fewest enlistment bonuses. At the time of this annual revision to this article, the Air Force was offering active duty enlistment bonuses to only 6 AFSCs (jobs), and the top bonus authorized was $12,000. The top Marine Corps enlistment bonus is currently $6,000.

What happens if you change your mind about joining the military?

If you change your mind about joining the military, you can request to be released from the delayed enlistment process— no matter what your recruiter tells you. Most enlistments into the military are through the delayed enlistment process (DEP). The DEP is a legal, binding contract. By signing the contract, you state that you will report ...

What happens if you are released from the military?

When you are officially released from your contract, the recruiting command will send you a letter stating you have been given an entry-level separation because you refused to enlist. This will end your association with the U.S. military and isn't considered a dishonorable or an honorable discharge.

What to do if you don't want to report for active duty?

If you decide that you don't want to report for active duty, you should write a letter to the commander of recruiting in your area. The letter should state that you've decided that you don't want to go on active duty. You should clearly state in the letter that nothing will change your mind.

Can you retract an enlistment?

Even though most requests to retract an enlistment are approved, you can still run into problems. Unethical recruiters, or those unaware of the law, might try to convince you that your decision can't be revoked. And if you've already reported for active duty, retracting an enlistment can be much more difficult.

Is the recruiter's boss happy?

The recruiter's boss is also not going to be happy. As a result, some frustrated recruiters (and even some recruiting station commanders) have been known to use unethical tactics to keep an applicant from dropping out of the DEP.

Can the military court martial an individual?

And if the individual refused, the military could legally court-martial the individual. In reality, this never happens. Today's military is an all-volunteer force. The services do not need or want individuals who aren't there voluntarily. Unfortunately, recruiters work on quotas.

Can you retrace your enlistment in the National Guard?

Retracting an Enlistment in the Reserves or National Guard. The Reserves and the National Guard don't have a Delayed Enlistment Program. That means as soon as you take the oath and sign the enlistment contract, you're in the Reserves (or Guard).

How to stop a lawyer from working?

First thing to do is to tell current lawyer, in written form, to stop work. Current lawyer will be eligible for payment for all work done on your behalf until you let them know that they should stop. At the time you tell them to stop, ask for copies of everything in your file that was not a document you gave the lawyer. This will help you to know what, if anything, they have done to date on your behalf. You are entitled to copies of all such documents.#N#Good luck.

What happens if a lawyer is billed hourly?

If the contract is a contingency based fee, then the lawyer may be entitled to a portion of any recovery de pending on the work that the lawyer has done since you retained the lawyer.

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Get It in Writing

  • It doesn't matter what your recruiter promised you, if it's not laid out in writing in the enlistment contract, or in an annex to the contract, then it's not enforceable. So if you were promised things such as an enlistment bonus or any special military schools or training (such as the Army Airborne School or language training at the Defense Language Institute), they need to be in the fi…
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Enlistment Contract Options

  • Let's take a standard enlistment contract. While most active duty contracts feature a four-year active duty service requirement, some offer contracts of two, three or six years. The length of service options available to you may depend on the training required for your MOS. Some MOS training that takes a longer time, such as training to be a medic or a linguist, might require you t…
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Bonuses, Job Training, Promotions

  • The length of service often gets the most attention in an enlistment contract -- and for good reason. But other terms need to be negotiated as well. Make sure the amount and disbursement of any bonus is clearly spelled out. The same goes with specific guarantees of job training and any promotion to an advanced pay grade. While most enlistees come in at the first pay grade (E …
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Delayed Entry Program

  • Recruiters likely will mention the Delayed Entry Program (DEP). 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. The DEP helps the armed forces plan their training activities and efficiently distribute new trainees to available "slots." Plus…
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