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  1. #1
    Join Date
    Jun 2007
    Posts
    344

    Default Trying to Join the Army While on Probation

    im not sure if this is the right subforum but i have a friend who is on probation for 13 months on a non felony, hewants to enlist in i guess the tenn nat. guard. anything he can do to speed up the probation or is there any type of way the court will make an exception for enlistees? i know decades ago the army was an option over jail.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,638

    Default Re: Friend on Probation Trying to Join Army

    Your friend should discuss his wishes with his recruiter and probation officer.

  3. #3
    Join Date
    Jun 2007
    Posts
    344

    Default Re: Friend on Probation Trying to Join Army

    hes already discussed this with the recruiter, he wasnt angry, just said that had to be handled, however. im wondering if there is even a judicial mechanism that could be usedn by a judge or a lawyer to solve this?

  4. #4
    Join Date
    May 2008
    Location
    California - the hot part
    Posts
    210

    Default Re: Friend on Probation Trying to Join Army

    anything he can do to speed up the probation or is there any type of way the court will make an exception for enlistees?
    Probation cannot be modified for enlistment in the military, if it is the
    person is permanently disqualified for ALL military service

    He will have to wait out his probation, plus there is probably
    a 30 to 90 day waiting period afterwards

    i know decades ago the army was an option over jail.
    That ended with the draft

    im wondering if there is even a judicial mechanism that could be usedn by a judge or a lawyer to solve this?
    Any legal decision like that would disqualify a person permanently
    from joining the military

  5. #5
    Join Date
    Jun 2007
    Posts
    344

    Default Re: Friend on Probation Trying to Join Army

    Whoa whoa whoa there Mr. Weber, please do elaborate on this permanent buiesness.

  6. #6
    Join Date
    May 2008
    Location
    California - the hot part
    Posts
    210

    Post Re: Friend on Probation Trying to Join Army

    Quote Quoting Another Demise
    View Post
    Whoa whoa whoa there Mr. Weber, please do elaborate on this permanent buiesness.
    As stated -
    Any legal procedure that reduces a sentance specifically
    in order for him to join the military
    , makes him ineligible to join
    the military


    Any recruiter involvement in reducing the sentance makes him ineligible
    as well

    The courts cannot reduce a sentance in leiu of joining the military

    Your friend will have to wait out his probation

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,887

    Default Re: Friend on Probation Trying to Join Army

    Quote Quoting PJ Weber
    View Post
    As stated -
    Any legal procedure that reduces a sentance specifically
    in order for him to join the military
    , makes him ineligible to join
    the military
    I'm curious ... where is this stated?

    - carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  8. #8
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: Trying to Join the Army While on Probation

    Yes I think it needs to be cleared up and an attorney could help. He may be able to file a motion to speed up the process or perhaps get the probation terminated; otherwise he will probably have to wait it out.

  9. #9
    Join Date
    Jun 2007
    Posts
    636

    Default Re: Trying to Join the Army While on Probation

    Your friend needs to talk to his PO. Being on Probation does not disqualify for the military. How ever what ever he was charged with may disqualify him. Also his PO can grant him the ability to go to basic training. He would still have to report in to his PO. But his PO can grant him the ability to call in his report rather then showing up for his report dates.

    The thing is the Army would have to allow this privelage while he is in basic training.

    Sorry to say it maybe easier for your friend to stay clean and successfully complete his 13 months of probation and then go to basic training. He can talk to the recruiter about the Delayed Entry Program. This program allows him to enlist but delay his basic training until he completes his probation.

  10. #10
    Join Date
    May 2008
    Location
    California - the hot part
    Posts
    210

    Default Re: Trying to Join the Army While on Probation

    I'm curious ... where is this stated?
    The Recruiting Manual

    USAREC Regulation 601-45 - 2001 update

    Recruiters who have influenced sentance reductions for potential enlistees
    have lost their jobs and have been discharged for the good of the service

    Its a tightrope to walk to be sure . . . depends on the Prosecutor,
    and primarily the criminal record of the defendent

    It can be done but the can be no documentation reflecting the 'deal',
    otherwise it violates the regs

    Not long ago a judge gave the defendent a choice of jail or military service,
    service was chosen and he was released but not allowed to enlist due to
    the judges decision . . .

    He can talk to the recruiter about the Delayed Entry Program. This program allows him to enlist but delay his basic training until he completes his probation.
    He can't get into DEP until his probation is complete

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