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 for active duty on a specified date.
However, we all know that people change their minds. Although you have already made a promise that you would report for active duty, it's possible to get out of the contract.
How to Get Out of a Military Enlistment Contract
Although your recruiter might tell you otherwise, it's the Department of Defense's official policy that anyone can request to be released from the DEP. Most DEP discharge requests are approved.
In theory, if an applicant fails to show up to ship out to basic training, the military could order the individual to active duty. 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. Even though most DEP discharge requests are approved, if someone gets discharged from the DEP, the recruiter has wasted all the hard work and paperwork to enlist the applicant.
Understandably, a recruiter is not going to be happy with an applicant who changes his or her mind about joining. 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.
Write a Letter to the Commander of Recruiting
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:
- you've decided that you don't want to go on active duty
- nothing will change your mind
- any other reasons for your decision, such as a desire to attend college or trade school.
Send this letter via certified mail, return-receipt requested.
Keep in mind that you aren't on active duty unless you return to the Military Entrance Processing Station and take the second oath of duty on your reporting day.
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.
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).
If you change your mind, the discharge process is entirely out of the hands of the recruiting command. Instead, the process lies in the hands of the commanding officer of the unit to which you're assigned. This makes the discharge process much more complicated.
A discharge from the Reserves or National Guard requires a full-blown discharge package initiated by the unit commander for the unit you're assigned to, even if you've not been to basic training or attended any paid drills.
Your first step should be to make a request for discharge, in writing, addressed to your commanding officer. Your letter should clearly state your reason(s) for discharge. If your request is denied, you can simply refuse to report to basic training.
When to Contact an Attorney
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. In these situations, it's a good idea to contact an attorney to discuss your options and the best way of moving forward.