# Can you leave the US military if they breach a signed enlistment contract?

**URL:** <https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074>\
**Category:** Factual Questions\
**Created:** [February 23, 2019, 7:17am UTC](https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074 "2019-02-23T07:17:07Z")\
**Posts on this page:** 15\
**Page:** 2

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**Author:** ![Bear\_Nenno](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bear_nenno/32/3358_2.png) [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)\
**Post date:** [February 24, 2019, 2:21am UTC](https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074/21 "2019-02-24T02:21:27Z")

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> [@guestchaz](#):
>
> What the OP describes sounds weird to me. Regardless of his future in the military, until he recieves orders changing his current status, he is assigned to a specific unit. Those ncos and officers of that unit are responsible for him and his well being.

Which is why they wouldn’t allow him off base. There is nothing in the OP to indicate the officers and NCOs were not looking out for his well-being and making sure he completed all the necessary out-processing requirements.

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**Author:** ![Snnipe\_70E](https://avatars.discourse-cdn.com/v4/letter/s/b5a626/32.png) [@Snnipe\_70E](https://boards.straightdope.com/u/Snnipe_70E)\
**Post date:** [February 24, 2019, 4:28am UTC](https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074/22 "2019-02-24T04:28:02Z")

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My brother had something like that happen to him. He signed up with the idea of getting training in the motor pool. But The army wanted to take missile training. When he graduated from basic training “there was no room for him in motor pool training.” But he said no. He had two choices 1 get out or chose another MOS. Problem was his draft notice had arrived home the day he left for the Army. If he got out he would end back in drafted with no say where he went. He descided on the Core of Engineers.

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**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\
**Post date:** [February 24, 2019, 4:48am UTC](https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074/23 "2019-02-24T04:48:07Z")

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> [@CharmaChameleon](#):
>
> I was eighteen when I enlisted. An eighteen-year old couldn’t then (and likely cannot now) engage in a “contract”. As I understand it, I could then (and can now) engage in an “agreement”. And, yes, my “agreement” might have terminated with my final breath in a nasty place such as Vietnam. So I will happily call “BULL-CRAP” on the whole “enlistment contract” idea. End.

I wonder how much was actually ‘guaranteed’ in contracts back in those days vs. what loopholes there were.

I worked with a friend toward the tail end of Vietnam who was considering enlisting. (Actually, I was trying to talk him out of enlisting, because I didn’t approve of that war.) I told him to ask to see the exact language in the recruitment contract, and consider it skeptically. Turned out that he thought the recruiter had definitely promised him certain specialties (don’t think they used the term MOS in those days) but the contract actually said that the service would _make their best efforts_ to get him trained in those specialties ‘subject to the needs of the service’. And the ‘promise’ that he would be posted to Europe or the Mediterranean was actually a notation that assignment to these areas was his preferred option.

So a lot of things the recruiter had promised him were far from ‘ironclad’ in the contract. And he’d be a thousand miles away from this recruiter when he found that out.

It may have changed now, when the armed services have more applicants than they need, and can take their pick. But back then, enlistment ‘contracts’ were very one-sided in practice, and didn’t guarantee much at all.

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**Author:** ![Xema](https://avatars.discourse-cdn.com/v4/letter/x/9de053/32.png) [@Xema](https://boards.straightdope.com/u/Xema)\
**Post date:** [February 24, 2019, 1:07pm UTC](https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074/24 "2019-02-24T13:07:51Z")

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> [@Beckdawrek](#):
>
> I have a cousin who was a trombone player and specifically joined the Navy to be in the Navy band.

By any chance, was he from “out Chicago way”?

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**Author:** ![DorkVader](https://avatars.discourse-cdn.com/v4/letter/d/73ab20/32.png) [@DorkVader](https://boards.straightdope.com/u/DorkVader)\
**Post date:** [February 24, 2019, 2:59pm UTC](https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074/25 "2019-02-24T14:59:04Z")

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> [@Bear\_Nenno](#):
>
> Which is why they wouldn’t allow him off base. There is nothing in the OP to indicate the officers and NCOs were not looking out for his well-being and making sure he completed all the necessary out-processing requirements.

The way it was described, specially the part about sleeping in a different barracks every night, that made seem like the people in charge of him weren’t doing a very good job. I guess I can’t say it doesn’t happen that way, just not my experience.

Tim they still try to do up contracts that way, some recruiters anyway. I annoyed the hell out of my recruiter when I signed because I did that, read the contract thoroughly, made sure it said what I was promised. Walked away from the National Guard over contract shenanigans by the recruiter

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**Author:** ![Bear\_Nenno](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bear_nenno/32/3358_2.png) [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)\
**Post date:** [February 24, 2019, 3:46pm UTC](https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074/26 "2019-02-24T15:46:18Z")

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> [@guestchaz](#):
>
> The way it was described, specially the part about sleeping in a different barracks every night, that made seem like the people in charge of him weren’t doing a very good job. I guess I can’t say it doesn’t happen that way, just not my experience.

It’s standard practice to move hold-overs to a different barracks or separate room. Their presence among soldiers the others soldiers is a training distraction. Plus, being in his own space allows him to have his own schedule, and the freedom to come and go as he needs. It was for the soldier’s own benefit as well as that of the trainees. It is still standard practice, and I experienced it often as a drill sergeant (not contract breaches, but other issues). At any rate, I’m sure that soldier enjoyed his living arrangement as much as a basic training recruit could be expected to.

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**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\
**Post date:** [February 24, 2019, 9:24pm UTC](https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074/27 "2019-02-24T21:24:02Z")

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> [@kaylasdad99](#):
>
> Although an eighteen-year old couldn’t enter into a contract in 1970, they certainly COULD today. The change is generally considered to have taken place concurrently with the ratification of the 26th amendment in July, 1971.
> 
> Also, I entered the Navy under an enlistment contract in 1980.

While the age of majority has lowered from 21 to 18 in the 1970s that was a state by state issue (IIRC some states may have it at 19) and in any even state rules on legal majority aren’t binding on the federal government. Even when the age of majority was 21 men were still allowed to join the military at 18 without any parental consent. Indeed the minimum draft age was 18; it wouldn’t have made any sense to conscript 18-20 year old men against their own and their parent’s wishes, but not allow him to volunteer on his own.

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**Author:** ![dba\_Fred](https://avatars.discourse-cdn.com/v4/letter/d/c37758/32.png) [@dba\_Fred](https://boards.straightdope.com/u/dba_Fred)\
**Post date:** [February 24, 2019, 10:58pm UTC](https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074/28 "2019-02-24T22:58:56Z")

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> [@Snnipe\_70E](#):
>
> \<clipped\> He descided on the Core of Engineers.

Wasn’t the Periphery of Engineers available?

He didn’t consider the Marine Core?

If I had a nickel for every time I heard _My recruiter lied to me!_ …

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**Author:** ![Bear\_Nenno](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bear_nenno/32/3358_2.png) [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)\
**Post date:** [February 25, 2019, 12:56am UTC](https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074/29 "2019-02-25T00:56:09Z")

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> [@dba\_Fred](#):
>
> He didn’t consider the Marine Core?

Ironic, as the Marine Corps does not _guarantee_ a certain job in writing the way the Army does. If you enlist in the Corps for a certain job that ends up not available, they’re not going to let you separate. They will keep you and make you do some other job. This is one of this biggest selling points the Army has. As the example in the OP shows, the Army will actually keep their end of the contract. If they can’t provide you with the job you wanted, of if you become unable to do it, then you can be separated.

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**Author:** ![sps49sd](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@sps49sd](https://boards.straightdope.com/u/sps49sd)\
**Post date:** [February 25, 2019, 4:00am UTC](https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074/30 "2019-02-25T04:00:47Z")

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> [@kaylasdad99](#):
>
> That’s like what happened to me when I graduated from ET “A” school in 1981. Instead of going to Orlando in March, I spent the spring in Great Lakes, inserting bugs in SPS-10 radar sets for the next class of ETs to try to figure out.
> 
> But since it wasn’t boot camp, liberty was my own time, and curfew was determined by what time Rik’s bar closed.

It was probably on purpose, even if nobody told you. Much of my class in Orlando did temporary stints waiting for the class start date/ openings.

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**Author:** ![steronz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steronz/32/11765_2.png) [@steronz](https://boards.straightdope.com/u/steronz)\
**Post date:** [February 25, 2019, 4:18am UTC](https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074/31 "2019-02-25T04:18:01Z")

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His story sounds completely plausible. I enlisted 17 years ago with a guaranteed job, if that job was nixed at any point my contract was nullified. People in basic who are being discharged for whatever reason are given a fair amount of latitude within the confines of the BMT environment. My experience is air force but nothing seems off about his story, except one thing. People in the discharge flight don’t get credit for graduating BMT, so if he didn’t play the game for the full time he’d have to go through it again if he wanted to join up later.

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**Author:** ![Snnipe\_70E](https://avatars.discourse-cdn.com/v4/letter/s/b5a626/32.png) [@Snnipe\_70E](https://boards.straightdope.com/u/Snnipe_70E)\
**Post date:** [February 25, 2019, 6:21am UTC](https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074/32 "2019-02-25T06:21:27Z")

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> [@dba\_Fred](#):
>
> Wasn’t the Periphery of Engineers available?
> 
> He didn’t consider the Marine Core?
> 
> If I had a nickel for every time I heard _My recruiter lied to me!_ …

The Army was hoping that he would be willing to learn how to shoot missles. But he could not see he could bring that knowledge to a civilian life. But being in the motor pool did have civilian application. Consider the Marine Core? Nope he was not interested in carring a gun stomping through the jungles.

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**Author:** ![Bear\_Nenno](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bear_nenno/32/3358_2.png) [@Bear\_Nenno](https://boards.straightdope.com/u/Bear_Nenno)\
**Post date:** [February 25, 2019, 11:36am UTC](https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074/33 "2019-02-25T11:36:05Z")

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> [@steronz](#):
>
> …nothing seems off about his story, except one thing. People in the discharge flight don’t get credit for graduating BMT, so if he didn’t play the game for the full time he’d have to go through it again if he wanted to join up later.

I missed that part. You’re correct, and it’s the same for the Army. The soldier was likely just mistaken. He’s going to get an entry level separation and it will be as if he never joined in the first place. He is welcome to go back to a recruiter in the future just like any other person who has never joined. Prior-service rules will not apply to him.

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**Author:** ![psychonaut](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/psychonaut/32/4655_2.png) [@psychonaut](https://boards.straightdope.com/u/psychonaut)\
**Post date:** [February 25, 2019, 12:04pm UTC](https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074/34 "2019-02-25T12:04:31Z")

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> [@Snnipe\_70E](#):
>
> The Army was hoping that he would be willing to learn how to shoot missles. But he could not see he could bring that knowledge to a civilian life. But being in the motor pool did have civilian application. Consider the Marine Core? Nope he was not interested in carring a gun stomping through the jungles.

Whoosh!

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**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\
**Post date:** [February 25, 2019, 4:49pm UTC](https://boards.straightdope.com/t/can-you-leave-the-us-military-if-they-breach-a-signed-enlistment-contract/830074/35 "2019-02-25T16:49:31Z")

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Granted my basic training was in 1989, but people being bounced for any reason were transferred to an outprocessing company, where they did general upkeep and lounged around most of the day.

When I arrived in Germany in 1992, there was a similar situation in Frankfurt am Main for people who arrived without formal orders. Some folks I talked to had been there for a month. I got whisked out the same day, though.

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