Erroneous and Defective Enlistment

Recruiters are often so eager to fill their quotas that they will enlist people who are not actually eligible for enlistment. You may be entitled to a discharged for "erroneous enlistment" if you can show that you were not fully qualified for enlistment, that you yourself did not lie in order to enlist, and that you are still unqualified. You must show that your enlistment would never have occurred if the facts had been known or if recruiting personnel had followed regulations. Some examples of this are: you did not meet the medical standards; your test scores were not high enough but the recruiters changed them to get you in; or you were sworn in by a noncommissioned officer rather than a commissioned officer.

There is another discharge for "defective enlistment agreements." Suppose you enlisted only because your recruiter promised you a specific kind of training or job assignment--but the military could not or would not give you what the recruiter promised. If you enlisted as a result of such a "material misinterpretation" by a recruiter, you may request a discharge; but you must do so within 30 days after you have discovered the defect.

Compile as much evidence as you can: a copy of your enlistment document (especially useful if the recruiter's promise appears on the document); notarized statements from family or friends who were "witnesses" at your enlistment or can testify that you would never have enlisted if it were not for the recruiter's promise; medical records to confirm a medical condition; school records to help contradict strangely high military test scores; and a statement from recruits, friends, or counselors who have had similar problems with your recruiter.

But be sure that the erroneous or defective enlistment did not occur because you knowingly concealed or gave false information. If so, you run the risk of being charged with "fraudulent enlistment" and getting a bad discharge or other punishment.

Gather all of your evidence and submit it to your commanding officer with a letter requesting an honorable discharge for erroneous or defective enlistment. Unfortunately, such discharges are difficult to obtain due to strict time limitations for claims and the fact that qualifications for enlistment and recruiting promises can be "waived" rather than resulting in discharge. If you believe you have a strong case, but the command is uncooperative, get help from your Congress member.

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