WHat can happen?
2006-09-29 05:18:42 · 10 answers · asked by Anonymous in Politics & Government ➔ Military
Notice in the question I did not say this question is about me.....nor did i state if it was a male or female ......whick neither has to do with answering the question There so many a** hol** on this site
2006-09-29 09:34:48 · update #1
Go to boot camp and make sure you don't pass the physical requirements. It may be hell on you for awhile but eventually they'll send your sorry excuse of an @$# home. My advice though is buck up, be man and serve this country proud son. Fear is for women and children.
2006-09-29 06:41:16 · answer #1 · answered by great dane fanatic 3 · 1⤊ 1⤋
While a member of the Delayed Entry Program (DEP), you are NOT subject to the Uniform Code of Military Justice (UCMJ). Now if you have started your regular drills with your reserve unit you are considered a member of the armed services, and are therefore subject to the UCMJ; and can be punished for violation of the UCMJ. This particular circumstance is very hard to enforce though.
You can leave the DEP at anytime before you actually go to basic training (boot camp); without any judicial repercussions. Not going to basic training will of course hinder any future attempts to join the military. Don't worry if your recruiter asks why you didn't ship or tries to coerce you to do so. He is still doing his job and some are actually concerned about their enlistees.
However, the receruiter can not harass or threaten you...that is illegal and in violation of many recruiting regulations. The Army Recruiting regulations state that recruiters will not threaten, coerce, manipulate, or intimidate DEP members, nor may they obstruct separation requests. (USAREC Reg 601-56, 3-1c). The Navy Regulations state, threatening DEP member with possible disciplinary actions for failing to enlist or coercing DEP members to fulfill their contractual obligations is inconsistent with the concept of the all-volunteer force (COMNAVCRUITCOMIST 1130.8F, 6A-6, Note 1). The Marines don't have this clear language prohibiting harassment, but do make it clear that the individual can leave the DEP. Their Recruiting Regulations, under Desire for Release or Intent Not to Report state, if the individual insists on being released from the enlistment, the individual will be discharged. (MCO P1100.72C, 4301, 3d(2)). Give your recruiter the consideration of knowing your intent not to ship. Call him and explain your decision and request he no longer contact you regarding enlistment.
If anyone insists on telling you that you have entered into a legal contract they are partially wrong. You signed a conditional agreement into the DEP, with the option to enter military service. To have a valid, binding legal contract, three elements are required: First, there must be an offer. Second, there must be an acceptance of that offer. The third vital element of a contract is [that both parties give consideration]. Usually, consideration is in the form of money (they haven't spent money on you until you ship), but the law books also define consideration as something of value other than dollars. When you are paid for your training as a service-member, then there has been consideration. This goes back to if you have gone to regular drills when in DEP (you would have been paid for drilling). You have not entered into military service, until you have arrived at the Military Entrance Processing Station (MEPS).
Even when you arrive at basic training you can still request discharge; just refuse to train. Not a pretty or easy option, because they will come down on you hard; but eventually you will be released from your contract via an Administrative [General] Discharge (it is not punitive).
I am a proud USMC retiree and respect your right to make your own decision. I do not condone UA or AWOL, but you haven't done either. For those who don't like my response, do not waste your time sending me any stupid emails or IM's. How many young service-members didn't want to be in the military, but where bullied into being there; because they were afraid to leave? These were our 10%, "Gomer Pyles", and the ones who brought down the integrity of the Armed Forces. We want strong Americans who are willing to serve their country, not those who felt they had no other choice. I've served this country proudly for 20 years and would recommend it for everyone, but will NEVER deprive someone of their choice of not wanting to serve.
DO NOT TAKE MY ADVICE AS LEGAL AUTHORITY. ASK A LOCAL ATTORNEY OR MILITARY RECRUITER FOR INFORMATION.
Good Luck!
2006-09-29 05:59:23 · answer #2 · answered by Grown Man 5 · 2⤊ 0⤋
If you are talking about changing your mind while on delayed entry, and not going to MEPS on the assigned day, it's not AWOL.
If after you report to MEPS, take the final physical, and take the oath, then don't get on the train/bus, yeah that would be going AWOL
2006-09-29 05:52:07 · answer #3 · answered by tallerfella 7 · 1⤊ 1⤋
You're pretty much allowed to come and go as you please right up to the day you're supposed to report to boot camp. If you don't go to boot camp when you're supposed to, the first charge you'll face is missing movement (Article 87, UCMJ). After that, as long as you're not there and you're supposed to be there, you can be charged with absence without leave (Article 86, UCMJ). Both missing movement and AWOL are court-martial punishable offenses, but that doesn't necessarily mean everyone who violates these articles gets court-martialled. It all depends on your commanding officer. He/She decides what is to be done with you...
2006-09-29 05:25:15 · answer #4 · answered by sarge927 7 · 2⤊ 1⤋
no. despite what anyone tells you, they cannot do anything to you until you sign the piece of paper right before you get on a bus. Up until you then, the UCMJ does not apply to you.
2006-09-29 06:38:42 · answer #5 · answered by DOOM 7 · 0⤊ 0⤋
Once you sign the papers and pass the physical, take the oath, you ARE a marine.
Send your *** to jail
2006-09-29 05:22:01 · answer #6 · answered by nonjoo 2 · 2⤊ 2⤋
WHY JOIN THE MILITARY IN THE FIRST PLACE IF ALL YOU WANT TO DO IS GO AWOL?????
2006-09-29 07:01:44 · answer #7 · answered by armywifes3lb 3 · 1⤊ 1⤋
Once you sign your life away, yes.
2006-09-29 05:26:46 · answer #8 · answered by Baby Girl 1214 3 · 1⤊ 1⤋
Yes... once they swear you in... you are theirs.
2006-09-29 05:41:02 · answer #9 · answered by j H 6 · 0⤊ 1⤋
your funny. Don't be scared puss
2006-09-29 06:44:43 · answer #10 · answered by Letmebeme 2 · 1⤊ 1⤋