Sample Chapters
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Chapter 4: The Delayed Enlistment Program
- For a quick overview of getting out of the Delayed Entry Program, see The GI Rights Hotline fact sheet.
Approaching the Command
Most recruits who want out of the Delayed Entry Program go to their recruiters, who then try to resell them on military service, but may or may not initiate the discharge process. Because the request for discharge must be approved by the recruiter's commander, it is simpler and faster to send a written request for separation directly to the commander. Send a letter and any documentation to "Commanding Officer" at the recruiting station where the recruit enlisted. It is not necessary to find out the commander's name -- the term alone is sufficient. The address can be found on the recruit's enlistment papers or in the local phone book.
Do not confuse recruiting commands with the Military Entrance and Processing Station (MEPS). MEPS personnel have no authority to approve or disapprove requests for separation from the Delayed Enlistment Program.
Pressuring an Unresponsive Command
Recruiters may say there is nothing to be done until the recruit reports for basic training. This is not true! Recruits should always apply for discharge while still in the Delayed Entry Program, because it is much more difficult to get out after starting on active duty.
Recruiting personnel often try to meet with recruits who have requested discharge to resell the military. At such meetings, recruits may be "counseled" about how the enlistment contract they signed is legally and morally binding. Such counseling often involves verbal harassment, including speeches about God and country, patriotism, and courage.
To avoid such abuse, a recruit may decline to attend any meeting with recruiting personnel. However, meeting with the commander may speed the discharge process. If a recruit agrees to a meeting, make sure that:
- The commander of the recruiting station is present at the meeting;
- A mature support person is present to support the Delayed Enlistment Program member and prevent recruiting personnel from intimidating the young recruit; and
- The Delayed Entry Program member, courteously but assertively, repeatedly states his or her continued desire for discharge.
Failure to Report for Active Duty
Recruiters may tell members that refusal to report for active duty will result in arrest by military police or civilian authorities, or a dishonorable discharge. Such threats are untrue. After pressuring Delayed Enlistment Program members into reporting, the policy of all recruiting commands is to separate those who stand firm in their refusal.
Failure to report for duty on the date indicated in the enlistment agreement often results in separation. Legally, it is possible for the military to involuntarily activate a Delayed Entry Program member who then becomes subject to the Uniform Code of Military Justice and may be apprehended by military or civilian authorities. Recruiters sometimes threaten reluctant Delayed Enlistment Program members with involuntary activation but we know of no case where it has actually happened. In fact, military recruiting commands specifically forbid this type of threat. The Army recruiting command regulation states:
Under no circumstances will any [recruiter] threaten, coerce, manipulate, or intimidate Delayed Entry Program members, nor may they obstruct separation requests.1 ...At no time will any [recruiter] tell a Delayed Enlistment Program enlistee he or she must `go in the Army or he or she will go to jail,' or that `failure to enlist will result in a black mark on his or her credit record,' or any other statement indicating adverse action will occur if the applicant fails to enlist.2
The Navy recruiting command is equally clear:
Threatening Delayed Entry Program member[s] with possible disciplinary actions for failing to fulfill their contractual obligations is inconsistent with the concept of the All Volunteer Force (AVF)....[No member of the Delayed Enlistment Program should] be told that it is Navy policy to order or force an unwilling member to recruit training or to any other form of active or Reserve duty.3
Notification
The Army sends letters to recruits informing them that they have been released from the custody and control of the Army. The Navy sends a notification letter that outlines a recruit's right to contest the reasons for discharge, and asks them to sign and return the notification letter. While the Delayed Entry Program member can choose not to respond, signing and returning the form will probably speed the discharge process without adversely impacting the Delayed Enlistment Program member.