My case as ive been told is a very rare occurence and might be the first one of its kind, back in 2020 I recieved an

Expert's Assistant chat
Customer: My case as ive been told is a very rare occurence and might be the first one of its kind, back in 2020 I recieved an Nrotc scholarship and decided to go with it, i had a little over a year left on my original contract and needed 2 years to pcs to the school and begin, i was told by numerous higher enlisted and officer alike that the reenlistment was a placeholder and would be void if i dropped out of the nrotc program, it was a 5 year reenlistment, i ended up dropping before my sophomore year started, i am now back in the active duty component of the usmc and my eas date has not changed back and im worried that it wont be changed, as of right now i should be getting out december of 2022 but my eas is march of 2025, i have read all the fine print in the mco's and contracts for nrotc and it even states in there that if i drop from the program in the first year i would go back on my "original enlistment contract" to serve the time that was still owed, im looking for what that ter Term actually means
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Have you talked to a JAG attorney about this? Or anyone in the chain of command?
Customer: Im currently talking to my chain of command but they are little to no help
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Im currently looking for the clarification on what original enlistment means, and if i would have the ability to fight it if they say that i signed it so now i have to deal with it. I dont know how well it would hold up but being in the marine corps for barely 3 years you tend to trust what the people who have been in for 10+ years are saying especially since it came from different people.
Answered by AttorneySam in 1 hour 1 year ago
imglogo
AttorneySam
10+ years of experience
logo

1362 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
AttorneySam
logo
logo
1362 Satisfied customers
logo
10+ years of experience
imglogo
AttorneySam
10+ years of experience
logo

1362 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

AttorneySam, Expert

Hi there - Thank you for using JustAnswer. My name is ***** ***** I will be helping you with this today. Please keep in mind that our conversation is for informational purposes only and does not create an attorney-client relationship. For legal advice you should consult a local attorney. There may be delays as I investigate your issue, so I appreciate your patience. The website may automatically offer you a phone call for an additional charge - please feel free to ignore the offer and we can chat here.


×
img

AttorneySam, Expert

So you got an ROTC scholarship that paid for your school in exchange for a 5 year enlistment after graduation?  And you dropped out of ROTC in sophomore year?  I might need a bit more clarity from you on what the contract says in context.  Normally it should deal with the requirements when you drop out.


×
Customer
i went on active duty in january of 2018 i got an nrotc scholarship that i applied for in march of 2020 and went with it, i only had a year and some change left on my contract at that time, before i left to go to college i was to sign a "placeholder" contract for my time at college. I was told profusely by higher that it would be void if i dropped out and i would resume my original 4 year contract which would end next december accounting for my time in the program, my eas has not changed and is still stuck at march of 2025
Customer
The terminololgy in the MCO's state that if i dissenroll after my first year i would incur no active duty service obligation and just finish out my time on my "original enlistment contract"
img

AttorneySam, Expert

The terms of the contract should apply, then.  So it sounds like an administration error with the military.  Have you been in touch with the administrators of the program to ask them to correct it?


×
Customer
Thats where im at a crossroads, the administrators are the entire Navy and Marine Corps, my worry is that the people that were guiding me through the process to begin with were wrong, which was my prior chain of command, I also needed clarification on the term original enlistment does that mean the first one i signed or the second one so called place holder 5 year reenlistment
img

AttorneySam, Expert

If the language you quoted me from the contract is correct, then it seems pretty clear that you are not obligated to complete its terms if you dropped out after your first year.  Usually the way this would work is that it would be the ROTC administration, the same organization that arranged your contract, that would be responsible for noting the change on your file.  So they would likely be the best ones to contact.


×
Customer
Do you mind if i send screenshots of the documents im citing for reference, while looking at it i may have noticed some conflicting information but that might be me just over analyzing it
img

AttorneySam, Expert

Document reviews are an extra fee here, but I can look at the 1 or 2 pages you're referring to if you'd like.  If it's more than that, I'd have to charge the fee.


×
Customer
This one is the MCO the next one im going to send is the NROTC contract
Customer
x
Customer
On the first one Under section G, #1 gives guidance on my case for dissenrolling after the first year and not starting my second
Customer
On the contract section 2 letters a and c are the ones that apply to me
img

AttorneySam, Expert

OK, this is a bit confusing and the documents don't really complement each other very well.  But it sounds like it may be that you would only have to serve your remaining enlistment period if you dropped out in your first year, but that you still might have to reimburse the program for your year of scholarship.


×
img

AttorneySam, Expert

Certainly it doesn't sound from this that you would be required to serve the 5 year commissioned officer period, since you wouldn't have become a commissioned officer.


×
Customer
No the 5 year was an enlisted contract that i was told was a placeholder for my potential time in the nrotc program.
Customer
My fear is that i was mislead and now have a 5 year contract, given what i have said would this hold up if i were to take it to a JAG
img

AttorneySam, Expert

I only have the limited info in these contracts and what you've told me, but all of this reads to me as though you couldn't possibly still have to serve an additional 5 year contract.  So yes, if you can't make headway with the administrative offices who set up your ROTC scholarship, then you should speak to a JAG.


×
Customer
Tomorrow ill be able to speak to my command about it further, i was given the email traffic regarding me coming back on active duty and it seems they think my 5 year reenlistment is not supposed to be taken away, ive tried to research as much as possible in regards ***** ***** an eas date changed but ive found nothing because the dd form 4 is technically legally binding
img

AttorneySam, Expert

I think you may need to bring these contract terms to a JAG, then, and have them press for you.  The contracts on their face appear to allow you to withdraw without a 5 year commitment.


×
Customer
Okay, I would like to avoid any potential problems with my chain of command given if and when my eas changes ill still be with them until december of next year. Should i go to JAG immediately or try to keep pushing with my COC for the time being, given they have been sub par with help?
img

AttorneySam, Expert

That's more of a question of whether you think it will cause blowback for you, but from a legal standpoint technically your commanders aren't allowed to retaliate against you for going to a JAG.  Of course, we all know they sometimes don't follow that rule.


×
Customer
In the event that this 5 year stays with me, would i have a case given the circumstances and vague languange in the contract and mco such as "previous enlisted contract" and "original enlisted contract" ,because to me that sounds like the one i signed in 2018, and the people who supposedly understood the terms and conditions told me this was a placeholder contract?
img

AttorneySam, Expert

Yes, the military can only bind you based on the terms of its contracts, and at the very least here the terms are unclear.  So I think you would have a good case.


×
Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer