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Military Enlistment Breach of Contract


If your recruiter lied to you (or you think he/she lied to you), that's not a breach of contract. Section D and block 13a of the enlistment contract states:

    "I certify that I have carefully read this document. ANY questions that I had were explained to my satisfaction. I fully understand that only those agreements in section B of this document or recorded on the attached annex(es) will be honored. ANY OTHER promises or guarantees made to me by anyone are written below."

If it's not written on the enlistment contract, it's not a promise. It's that simple.

Breach of Contract

Here's another aspect where some people become confused. It's important that you understand what a "guarantee" is in your enlistment contract. For example, if you have a "guaranteed job" in your enlistment contract, it does not mean you will get that job, come Hell or high water. There may be reasons, after you enlist, that you can't get the job that your enlistment contract "guarantees." What happens in that case, depends on the situation.

In general, if you can't get the job due to something beyond your control (such as the service phased out the job, or downsized the job, or made a mistake and discovered that you don't qualify for the job, or you are denied a security clearance -- not due to giving false information), then you will be given the choice of applying for a discharge, or choosing a new job from a list of available jobs that you qualify for. In this case, the choice is yours (It should be noted that while these situations have been known to happen, they occur rarely).

On the other hand, if you fail to qualify for the job due to a reason within your control (you fail in training, you get into trouble, or you give false information on your security clearance application and are denied a security clearance), the choice is not yours. The military will decide whether to discharge you (throw you out), or to retain you and retrain you into a job that you qualify for. In this case it's the military's choice.

Important Note: Most of the services impose a time-limit on applying for a voluntary discharge due to breach of contract. Usually, you must request the discharge within 30 days of being notified that one of the guarantees in your enlistment contract cannot be fulfilled.

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