Every day, soldiers, airmen, sailors and Marines around the world ponder their situation and wonder if they made the right choice when enlisting in the military. If you’re in that situation right now, you’re not alone. Peer pressure and social stigma in military circles might prevent you and others from openly discussing these feelings, but many of your peers asked themseves that same question at some point in their military career.
So, can you get out of your enlistment contract early? The bottom line is that it’s possible, but it’s not easy. When you signed that contract, you made a commitment to the military, just as the military committed to investing in your professional development.
There are, however, a few methods you might be able to use if you legitimately need to end your military service prior to the expiration of your contracted enlistment period. In this article, we examine those circumstances.
Hardship and Dependency Discharges
The military recognizes that bad things happen to good people and the circumstances of life can change during your period of service. Hardship and dependency discharges provide an option for those with exceptional personal circumstances who need to leave the military early. These discharges aren’t handed out lightly, however. You’ll need to document that you meet the strict criteria set out by your service. The basic requirements are:
- The hardship or dependency is not temporary
- Conditions have arisen or have been aggravated to an excessive degree since entry into the Service, and the member has made every reasonable effort to remedy the situation
- The discharge will eliminate or materially alleviate the condition and
- There are no other means of alleviation reasonably available
Before you get your hopes up, read the following statement concerning what doesn’t qualify as a hardship: “Undue hardship does not necessarily exist solely because of altered present or expected income, family separation, or other inconveniences normally incident to Military Service.”
If you wish to apply for a hardship discharge, you’ll need to follow the procedures set out by your service branch. Typically, this involves writing a supporting statement and providing evidence to support your claims. If you wish to apply for a hardship discharge, it’s a good idea to speak to your base Red Cross representative before discussing it with anyone in your chain of command.
(Source: DoD Directive 1332.14: “Enlisted Administrative Separations”)
Sole Surviving Son or Daughter Discharges
The military recognizes the sacrifices made by families that have lost a servicemember on active duty. If you qualify as a sole surviving son or daughter you may apply for a voluntary discharge. This term refers to any son or daughter in a family in which the father or mother or one or more sons or daughters:
- Have been killed in action or have died when serving in the U.S. Armed Force from wounds, accident, or disease.
- Are in a captured or missing-in-action status.
- Have a permanent 100 percent Service-related disability (including 100 percent mental disability), as determined by the Department of Veterans Affairs or one of the Military services, and are not gainfully employed because of the disability.
If you qualify for this type of discharge, you should act quickly to assert your claim. The military is not obligated to grant such requests merely because you qualify. It also may be helpful to contact your Congressional Representative and ask him or her to intervene on your behalf. Survivorship stories are heart-wrenching and public attention can help you get the discharge you deserve.
(Source: DoD Instruction 1315.15, “Special Separation Policies for Survivorship”)
Delayed Enlistment Program Discharges
If you’re participating in the Delayed Enlistment Program (DEP) and have not yet entered active duty, you can generally get out of your enlistment contract at any time. It’s important to remember that the military doesn’t have to let you out of your contract, but, in reality, the military routinely allows soldiers in DEP status to back out of their contract without reprecussions.
If you’re in this situation, you should send a letter to the commander of your local recruiting office requesting release from the program. You can use this sample letter to guide you.
(Source: DoD Directive 1332.14: “Enlisted Administrative Separations”)
Pregnancy
If you are pregnant, you may request a discharge, which your commander may choose to approve or deny. To request such a discharge, write a letter to your commander requesting discharge and explaining how the pregnancy will affect your ability to effectively serve in the military. Remember, your commander is attempting to reach a decision that is both in your best interests and in the best interests of the military.
(Source: DoD Directive 1332.14: “Enlisted Administrative Separations”)
Conscientious Objector (CO) Status
When people wish to leave the military, one of the first techniques that comes to mind is conscientious objector (CO) status. For this reason, the military has made it very difficult to establish a case for CO status and rarely approves such discharges. In addition, when you enlist, you will be asked to sign a statement that you are not a conscientious objector.
The criteria for a conscientious objector discharge are that you must be:
- Conscientiously opposed to participation in war in any form;
- Opposed based upon religious training and belief; and
- Holding a sincere and deeply held position
Furthermore, due to the statement you signed when you enlisted, you must prove that your views have changed since that time. Applying for CO status is very tricky and I strongly recommend that you consult a civilian lawyer specializing in CO cases before mentioning your beliefs to anyone.
(Source: DoD Directive 1300.6, “Conscientious Objectors”)
Educational Discharge
If you’re within 90 days of your separation date, you may apply for an Educational Discharge to facilitate your studies. Your local commander has the authority to approve this type of discharge and you merely need to write him or her a letter documenting the circumstances justifying the discharge.
(Source: DoD Directive 1332.14: “Enlisted Administrative Separations”)
Entry Level Discharge
If you’re within the first 180 days of your enlistment, your commander may discharge you under the terms of an Entry Level Separation based upon your performance and the likelihood you will adapt successfully to military life.
There is no application process for this type of discharge. Your commander may initiate it on an involuntary basis due to your performance.
(Source: DoD Directive 1332.14: “Enlisted Administrative Separations”)
Discharge for Homosexual Conduct
The “Don’t Ask, Don’t Tell” policy prohibits homosexual conduct in the military. If you fail to comply with this policy, you will be discharged from the military under the following circumstances:
- You make a statement that you are a homosexual or bisexual, or words to that effect.
- You marry or attempt to marry someone of the same sex.
- You engaged in, attempted to engage in or solicited another to engage in a homosexual act or acts, unless all of the following circumstances apply:
- Such acts are a departure from your usual and customary behavior;
- Such acts under all the circumstances are unlikely to recur;
- Such acts were not accomplished by use of force, coercion, or intimidation;
- Your continued presence in the Armed Forces is consistent with the
interest of the Armed Forces in proper discipline, good order, and morale
- You do not have a propensity or intent to engage in homosexual acts
It is extremely important to realize that some of the circumstances that may qualify you for a homosexual conduct discharge may also be crimes under the Uniform Code of Military Justice (UCMJ). It is critical that you consult a civilian attorney specializing in such matters before taking any action listed above.
(Source: DoD Directive 1332.14: “Enlisted Administrative Separations”)
Disability Discharge
If you become disabled during your military service and this disability renders you unfit for military service, you may be separated or retired for physical disability. This type of separation also often includes benefits such as retirement pay (even if you are not otherwise eligible for retirement) and the continuation of other military benefits, such as TRICARE.
You can not apply directly for a disability separation. If you have medical circumstances justifying such a discharge, the paperwork must be processed through a military medical facility.
(Source: DoD Directive 1332.18: “Separation or Retirement for Physical Disability”)
Erroneous Enlistment Discharge
If there were problems with your original enlistment, you may be eligible for a discharge. If errors were made by the recruiter processing your application, it may render your original enlistment null and void. To obtain an erroneous enlistment discharge, you must document that there was a material error in your enlistment that does not involve you lying and that, if the error was corrected, you would not have been eligible for enlistment.
(Source: DoD Directive 1332.14: “Enlisted Administrative Separations”)
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