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Advice on National Guard, please.

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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-25-04 02:46 PM
Original message
Advice on National Guard, please.
I know a 17 year old. She's a freshman in college.

Last spring, her father took her to a National Guard office. He and the administrator started hammering her with information and pressured her to sign up to enlist. Under duress, she finally signed and was told to show up in October.

Now, her father knew that National Guard units are being sent to Iraq. All he wanted was the discount for tuition.

So, here it is, November. She didn't show up for the National Guard in October, but hasn't heard from them -- yet. She's had time to realize that she doesn't want to be in the NG, and that she was pressured to sign while underage.

My question to you: what chance does she have in getting out of her obligation if she was underage when she signed the papers?

In Contract law, agreements can be nullified if the signer is under 18. I figure that counts in this situation. Also, if your free will is upsurped, and you are under duress when you enter an agreement, that contract also can be nullified.

What are your thoughts?
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BikeWriter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-25-04 02:54 PM
Response to Original message
1. What are my thoughts? The same as yours.
They will probably try to pressure her into enlisting, but she was underage. There's no way they can hold her to it.
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skygazer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-25-04 03:20 PM
Response to Original message
2. That he's a lousy father and should not be allowed to raise kids
But I have no idea how the law views the situation. My opinion is the father should go to Iraq. What a piece of shit!
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Aiptasia Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-25-04 03:22 PM
Response to Original message
3. True, she cannot enter into a legal and binding contract if under 18
She needs a good lawyer.
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Earth_First Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-25-04 04:09 PM
Response to Original message
4. You are not contractually bound to the DEP
assuming that she was entered under the delayed entry program...

check here ( GI Rights Hotline at www.objector.org ) for details: http://www.objector.org/girights/delayed-enlistment-program.html

there are also entry level separations within the first 180 days of actually reporting for active duty status,

entry level separation information: http://www.objector.org/girights/gettingout/entrylevel.html
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Earth_First Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-25-04 04:10 PM
Response to Reply #4
5. More on entry level separations...
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LauraT28 Donating Member (182 posts) Send PM | Profile | Ignore Thu Nov-25-04 04:48 PM
Response to Original message
6. You can get out before you leave. Tell her to call them
and tell them she has reconsidered. They may try to lie but the fact is, she doesn't have to go. I'm assuming she hasn't even gone to MEPS to do the full medical, swear in etc? If not, she's not even remotely in the Military yet anyway, and you can still get out after you've done your swear in as well.

As far as that father goes, He's a complete asshole. She should pack up and move to the other side of the country.
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