– Is the DEP binding? How can I get out of it?

Question: – Is the DEP binding? How can I get out of it?

Answer: Legally, the Delayed Enlistment Program is a binding contract. When one enlists in the DEP, one becomes a member of the inactive reserves, and is obligated to report for active duty on the date indicated on the enlistment contract. In fact, paragraph 8a of the enlistment contract (DD Form 4/1) states: "I understand that I will be ordered to active duty as a Reservist unless I report to the place shown in item 4 by (date) for enlistment in the Regular Componant of the United States (Branch of Service)..."

However, under current policies, all of the military services will honor requests for discharge from the DEP. Such requests should be in writing. If an individual should fail to request a discharge from the DEP, and then fail to show up on the agreed upon date, usually they are then discharged automatically from the DEP within six months (until they are officially discharged, individuals are ineligible to enlist in any branch of the service).

If one is discharged from the DEP, in order to enlist again in that same service, one would require a waiver to be issued by the Recruiting Squadron/Batallion/Division. This means that if one is discharged from the DEP and wants to later rejoin that same service, because he/she will require a waiver, many enlistment options (such as guaranteed job or enlistment bonus) may not be available to them.

As far as I've been able to determine, being discharged from the DEP in one service, and then applying to join a different service, does not require a waiver. More details about DEP discharges can be found in my feature articles The Delayed Enlistment Program, or What's in an Oath?, or What the Recruiter Never Told You.