"This is a letter from an attorney who counsels people (pro bono)

on getting out of the DEP (DTP in this case). It tells an interesting story that 

includes typical recruiter misbehavior.

    Note that the threatened loss of financial aid and job training is an apparent 

attempt to exploit confusion over  the  difference  between  military  enlistment 

and draft registration, a recruiter tactic that we are encountering  increasingly

in  immigrant  communities  (there have also been threats concerning residency status).

   This letter is also a useful example of how to communicate with a recruiting 

commander regarding a counselee's situation. The names of the counselee and 

recruiter have been changed for privacy reasons. -R

   MICHAEL I. MARSH 

State Bar Number: 232861

   Attorney at Law

   1950 Ginger Street #63

   Oxnard, CA 93036

   June 6, 2005

   Commanding Officer

   U.S. Army Recruiting Station

   1201 Truman Street, Suite D1

   San Fernando, CA 91340

   Re: John Doe, SSN 123-45-6789

   Dear Commanding Officer:

   I represent John Doe who enrolled in the Army Reserve Delayed

Training Program (DTP) on August 13, 2004, when he was seventeen years and three 

months old. Mr. Does recruiter was Sergeant A.K.

   I have reviewed Mr. Does enlistment contract and advised Mr. Doe

that he is eligible for separation from the DTP based on his change of life plans 

and based on basic principles of contract law.

   Mr. Doe was a minor when he signed the DTP "contract." A contract signed by 

a minor is not enforceable against  the  minor  unless  the  minor, upon reaching

adulthood, takes some action to exercise rights or obligations under the contract.

   Mr. Doe has taken no such step since turning eighteen years old on May 15, 

2005.Mr. Doe has not received any  pay, taken any oath, signed any paper, or

attended any activity sponsored by the Army Reserve since turning eighteen

years old.

   In short, the Army cannot enforce the enlistment "contract" against Mr. Doe.

   The fact that his parents signed the contract is insignificant and

of no importance, because the parents of a minor, without seeking judicial

intervention, cannot bind a child past his or her eighteenth birthday.

   My client has decided that military enlistment is not in his

best interest and therefore the enlistment contract is invalid.

   What disturbs me is that two recruiters provided my client with

false information.

   Those recruiters told Mr. Doe that he could not withdraw from the

DTP, and further stated that he would be denied federally subsidized 

school assistance and federal employment if he tried.

   I am shocked that less than two weeks after the Army was forced to 

institute a nationwide day-long recruitment stand down in response to 

recruiter fraud, Army recruiters are up to their same old tricks.

   I respectfully request that you investigate this matter and take 

appropriate action. If the Army does not resolve this matter, it might

be necessary to take additional steps to bring this situation to the 

public's attention.

   Feel free to contact me at 805-486-1068 x 224, should you have any 

questions. We look forward to the prompt processing of my client's 

separation from the DTP.

   Thank you for your assistance.

   Sincerely,