While agreeing that our paid insert, “Ten Points to Consider Before You Sign a Military Enlistment Agreement,” was largely correct and useful, he challenged some of our statements.
Mr. Webber feels that the military contract is indeed a contract and sets out mutual obligations for both parties. He also states that guaranteed training or assignment is just that — guaranteed.
I wish that Mr. Webber had written the enlistment/re-enlistment contract, but alas, he did not. Some clever, cunning lawyers at the Pentagon did. A careful reading of the contract online at http://rethinkingschools.org/archive/19_03/military_enlistment.pdf will help illustrate my points.
Section 5b of the contract states: “Laws and regulations that govern military personnel may change without notice to me. Such changes may affect my status, pay, allowances, benefits, and responsibilities as a member of the Armed Forces REGARDLESS of the provisions of this enlistment/re-enlistment document.”
This is legalese for it doesn’t really matter what we are agreeing to here in writing, we the military, reserve the right to change any part of this agreement in the future. And you will be contractually obligated to accept these changes. The military contract is most certainly unequal in its treatment of both parties.
The military can throw out the enlistee, but the enlistee can’t quit. The military can change the agreement terms without notice, but the enlistee can’t. Changes in agreements are not just hypothetical. Numerous efforts by enlistees to enforce military agreements in court have been thrown out.
Thus, the military can enforce its terms (even the changes) by legal means, but the enlistee can’t.
That’s grossly unequal, which means enlistment agreements are not like other contractual agreements in civilian life. So be very careful.
The contract also appears to guarantee a definite and limited length of enlistment. But in fact it doesn’t. The military can make your commitment longer and since 2003, 21,000 G.I.s were extended without their consent. This stop/loss policy is also referred to as the “back door draft” and intends to prevent selected personnel from leaving active duty.
We were recently reminded of this policy when Alaskan, Latseen Benson, was forced to return to Iraq for a second tour after his four year contract had expired. His family’s pleas to our congressional delegation were of no avail, and sadly Mr. Benson lost his legs to a roadside bomb.
My friends and I want the youth of our community to know all the facts before signing on the dotted line. Military recruiters sell blue sky scenarios. We point out the pitfalls.
We look forward to presenting our full disclosure program to Homer High School students as soon as the Kenai Peninsula School District’s policy is amended in accordance with the law. I thank Mr. Webber for helping to further our communitywide discussion on joining the military and for his devoted service to our nation.
Michael LeMay is one part of the “Homer Three.” The owner-operator of the Good Karma Inn in Fritz Creek, LeMay is a Vietnam veteran who served his U.S. Army tour in the Mekong Delta in 1970. He was a nominee for Homer’s 2005 Citizen of the Year Award.
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