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An entitlement on my military contract is not being met, can I request a discharge and is the contract void?

Chula Vista, CA |

I have been in the National Guard for a few years and joined for an entitlement to assist in school, this is clearly stated in my contract. I was denied this entitlement and have tried to get help on my issue with no response. I have grown tired of fullfilling my contract obligations when the military has not fullfilled theirs. Can I request a discharge since I am not getting what I was promised, and is this contract considered void?

Attorney Answers 3

Posted

You can request separation and state the reason. It does not have to be granted.
You might be able to petition for a correction of records if there is some discrepancy with your contract and other records.
Yes, a reason for joining the military is to gain education benefits. However, not all such benefits accrue until after you have completed any contract and being honorably discharged.
So as Mr. Rafter indicates, not enough facts.

mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

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Posted

Short answer, no.

You did not give any specific facts about what you think was not provided and why you think it was not provided, so its not possible to comment on your specific situation.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I give a 100% effort to get you on the right track with your issue. Sometimes that means legal educational information, sometimes that means counseling and non-legal guidance. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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5 comments

Asker

Posted

I was supposed to get a "kicker incentive" additional money for joining at that point in time. When I attended school, there was no record of this in the contract with the Department of Defense and they said I do not receive it. I have the original contract stating otherwise, and signed at Meps when I joined.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Check9(A)(5)(b) on page two of your enlistment contract--it basically says that the government can change the rules/regulations that may affect pay/allowances/entitlements etc, without notice, and notwithstanding anything the contract says. Sorry.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Although there is no doubt that you can't sue, and couldn't "win" I agree with attorney Haggerty--see a JAG at the legal service office--it won't take them but a few seconds to show you why. That being said, what have you done with your personnel office to or CoC to ID the status of the payment you believe you are owed?

Asker

Posted

I have contacted JAG throught the stare website and have not received a response since sending my documents. I went through my coc and have spoke with the 1SGT which is supposed to have an answer for me soon. He agreed that I may be able to get out due to a void contract since I am not receiving what I was promised.

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Well, a 1Sgt is a good place to go for lots of advice on lots of topics--I would not number legal matters on the list of things they know particularly well. But, you never know.....best of luck. I do notice that you didn't seem to be too concerned about getting the money, moreso getting out--be careful that when you engage in discussions that you are not just hearing what you want to hear--that could lead to disappointment which could impact your performance--depending on how long you have on your enlistment, that could make for a tough road ahead.

Posted

Talk to the Judge Advocate General rep on base. Do not do anything without seeking counsel.

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