Is there anyway to get out of the army reserves?

Question

My sister was at a bad time in her life and signed up for the army reserves with pretty much no other options. She was told she had to be sworn in twice. Well she went through with the first swearing in. Then months went by and she heard nothing from her recruiter.
She has since moved back in with my mother and has graduated from high school She is 18 now and has been accepted to several college universities. She has her life back on track now and then today her recruiter calls her up and says he is picking her up tomorrow!
She was never sworn in for the second time....he told her today that whoever told her that did not know what they were talking about. She has no choice. He says if she backs out they will place her under dishonorable discharge and that it will "haunt her for the rest of her life" Is there anyway she can get out of this??

Thanks to "future fbi guy" for telling me and my sister that we need "life lessons" Please do not mistake me saying "her getting her life on track" to mean it was her own doing. She is better than any other child out there. Bad things happen to wonderful, educated, and reliable people. She is in no need for a life lesson. She will take this as a lesson in itself. So please stick to answering the question as stated and not to handing out advice for which i did not ask for.

Answer 1

if she get pregnant, she can get out very easily.

Answer 2

You cannot enlist in the military without parental signature if you are under 18. My hubby enlisted in the National Guard when he turned 17 and his dad had to go down to the recruiting office and sign the papers in person. If your sister was 17 at the time of this 'swearing in' and your mother didn't sign any papers that your sister signed, then your sister was not a legal adult, could not enter the contract, was not endorsed by her parent or legal guardian and the contract is null and void.

Even if she was 18 and did sign, she is not locked into the military until she finishes boot camp AND her job training school (AIT). She can back out now without repercussions. She can back out at any time before completion of (AIT) it would not be a dishonorable discharge. If she backed out during that time it would be an 'incompatible with military service' and it would not blemish her record. It would be like she never went.

My hubby says that her recruiter should have given her a report date, if he didn't that is on him. He can and should give her a new DEP date if he is going to hold her to her contract.

You can also go to www.goarmy.com and on the right hand side there is a part you can click on to "Ask a Question". Ask your question there to get a good answer.

You can also talk to the recruiter commander (at a different recruiting station).

You can also call information and ask for the Judge Staff Advocate for the nearest Army Base to your location. A Judge Staff Advocate is a Military Lawyer. Call them and explain the question.

You can hire a civilian lawyer. Provide him with a copy of your enlistment contract. It should explain all of this in there.

Lastly, if a person recieves a dishonorable discharge for a noncriminal offense then you can usually get it downgraded to a general discharge that does not affect employment in any way.

Things will be just fine. :-)

My Husband is a 16 year Veteran in the United States Army and He Loves His Job.

Answer 3

Here's the deal. Your sister is not IN the Army Reserves. She swore in once when she went to MEPS last time when she picked her Army job and signed her contract. The second time she needs to swear in is the day she leaves to go to boot camp. According to what you just said she should be leaving for boot camp tomorrow. Not sure how your sister forgot that boot camp was tomorrow, but it seems she should be doing something about it. She is not IN the Army no matter what her recruiter says. All they can do is discharge her from DEP. It is not a dishonorable discharge or anything like that at all. Even people on active duty basically have to kill someone before they get a dishonarable discharge. She needs to tell her recruiter in the morning that she wants to be discharged from DEP and that she is not shipping out.

From now on your sister needs to pull her head out of her butt and get things straight. She can't just blow things off because she was in a bad place. People get into bad places all the time it is called living life. Is she going to pick a college to go to and then just decide she wants to go to a different school a week after school starts? She made a commitment to the Army Reserves and honestly I think she should fulfill it to get the most out of learning a real lesson about responsibilities. But her recruiter is full of crap and I hate recruiters that don't play on the up and up. She needs to get her head straight and never do something like this again.

Answer 4

Just so we're on the same page. Your sister is in the Delayed Entry Program (DEP) awaiting to go to Basic, she went up to MEPS got sworn into the DEP and is currently awaiting for a basic date to be set. If this is correct I've got good news and bad news....

Don't listen to the recruiter, she can still get out on a possible administrative discharge.
Look around for the nearest army base, call there operator and ask for the COMMERCIAL number for their Judge Advocate General (JAG). JAG is intended for current members of the military, but they can point you in the right direction.

If possible avoid talking to the recruiter until you talk to JAG, the recruiter will just intimidate her. Not to mention the recruiter is a dirtbag, Recruiters are supposed to check in with their DEPees at least once a month per regulations (AR 601-95). Some recruiters are so lazy.

Dishonorable discharges don't "haunt you for the rest of your life" they just prevent you from having government jobs and label you a coward. (Only the worst of the worst ever get this)

Now that I've given you valuable advice, give your sister some valuable advice, the military is not something you should toy around with or think that can be used only when your life is in the toilet, it insults every single member of the military past or present who enjoy their job and don't see it as they're last option but the best option.

For any further questions feel free to go to my profile and E-mail me, remember the army is one part patriotism, one part determination, and twenty parts bueracracy.

If you really want to be high speed Google the following ARs/forms and read them over and over again. Get yourself spun up on Army enlistment info.
God Bless and good luck

Update: Holy hell, I just read what "BETTERCOCKSTER1" wrote, a couple comments down. Underinformed and leading you astray. I don't care what you do, but I'm trying to be kind and look out for my fellow American when I say; "Don't ignore this problem, it won't go away, it'll just get worse unless you act."
God Bless and good luck

Answer 5

WOW, I wish I had seen this earlier, If she went to MEPS and swore in the first time in the Reserves she is in, but if she has not reported to her unit or gone to any weekend training or received a paycheck that is a different story, she could have just told the recruiter she is DEP discharging and not a thing would be done to her.

Answer 6

Don't listen to the majority of these people, you are asking military people on a military site how your sister should avoid military service. Guess what, they are going to tell you how screwed you are and the world is coming to an end.
It's simple...just don't go,don't show up. Tell the recruiter she made a mistake and that she has changed her mind. OK, she might get an dishonorable discharge...so phucking what,that will pass too. If she goes with that guy and goes to an actual duty station she is in for the duration and they can then imprison her if she tries to walk away from it. If the recruiter had any real threats to use, he would have used them by now... he has nothing but intimidation and scare tactics just like his bosses in the White house. Actually at this point, I don't even think she can get a dishonorable discharge but ask an attorney about that, what ever you do,don't go to goarmy.co and ask a military attorney.
Look at it this way... Dishonorable discharge vs. Iraq... easy choice.

Good Luck!

Answer 7

What? I am Active Duty. Is the reserves different? How was she sworn in to begin with when she hadn't even graduated from high school AND was under 18?

Answer 8

I am afraid that since your sister swore one time she is committed. Some reserves have refused to fight and saw jail time. During the Vietnam war going to Canada was an option. Those who went were later pardoned.

Answer 9

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He signed a contact so he has to go. Unless he wants to add being in a military prison to his list of problems.

Answer 10

Not really. She did sign up and she was sworn in. Until she has fulfilled her military obligation, the only way is to get pregnant, and even that may not work. They may simply give her a maternity leave until she is cleared by her doctor. I'm sorry. She is stuck

Answer 11

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RE :Is there anyway to get out of the army reserves?
My sister was at a bad time in her life and signed up for the army reserves with pretty much no other options. She was told she had to be sworn in twice. Well she went through with the first swearing in. Then months went by and she heard nothing from her recruiter.
She has since moved back in with my mother and has graduated from high school She is 18 now and has been accepted to several college universities. She has her life back on track now and then today her recruiter calls her up and says he is picking her up tomorrow!
She was never sworn in for the second time....he told her today that whoever told her that did not know what they were talking about. She has no choice. He says if she backs out they will place her under dishonorable discharge and that it will "haunt her for the rest of her life" Is there anyway she can get out of this??
Update: Thanks to "future fbi guy" for telling me and my sister that we need "life lessons" Please do not mistake me saying "her getting her life on track" to mean it was her own doing. She is better than any other child out there. Bad things happen to wonderful, educated, and reliable people. She is in no need for a life lesson. She will take this as a lesson in itself. So please stick to answering the question as stated and not to handing out advice for which i did not ask for.
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