I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.


That's the military enlistment oath -- the oath taken by all those who enlist in the United States Armed Forces. We hold military personnel responsible for their word -- we punish, via the Uniform Code of Military Justice, or other legal administrative methods, those who break the oath.

You may be surprised to learn, however, that there is a class of "military personnel" who can freely violate the oath, break their promised word of honor, violate a legal contract, and not only are they not held accountable, but often the military will later attempt to recruit these individuals for "another chance."

All of the military services have a Delayed Enlistment Program (sometimes called a "Delayed Entry Program). Individuals entered into this program are enlisted in the inactive reserve to await orders to active duty (sometimes up to a year in advance). This program is beneficial to both the military and to the enlistee. The enlistee can "lock in" a guaranteed job several months in advance, and the military has a "guarantee" of someone filling that slot, so the recruiters can concentrate their recruiting efforts elsewhere.

Individuals entered in the Delayed Enlistment Program take the above oath, just like any other enlistee. Additionally, they agree to and sign the following statement on the DD Form 4/1 "Enlistment/Reenlistment Document:"

• "I understand that I will be ordered to active duty as a Reservist unless I report to the place shown in item 4 by (Date) for enlistment in the Regular component of the United States (Army, Air Force, Navy, Marine Corps) for not less than (years) and (weeks). My enlistment in the DEP is in a nonpay status. I understand that my period in the DEP is NOT creditable for pay purposes upon entry into a pay status. However, I also understand that this time is counted toward fulfillment of my military service obligation or commitment. I must maintain my current qualifications and keep my recruiter informed of any changes in my physical or dependency status, moral qualifications, and mailing address."
  

So, what happens when this inactive reservist changes their mind and decides they don't want to enlist? What happens if they fail to report to active duty on the date indicated?

Legally, it is possible for the military to involuntarily activate a Delayed Entry Program member who then becomes subject to the Uniform Code of Military Justice and may be apprehended by military or civilian authorities. Does the military ever do this? Nope.

Does the military sue for breach of contract? Nope.

Are there any consequences at all for violating their word of honor? Nope.

In fact, the Army Regulation (USAREC Reg 601-95) states:

• "At no time will any [recruiter] tell a Delayed Enlistment Program enlistee he or she must `go in the Army or he or she will go to jail,' or that `failure to enlist will result in a black mark on his or her credit record,' or any other statement indicating adverse action will occur if the applicant fails to enlist."
  

The Navy Directive (COMNAVCRUITCOMINST 1130.8D) says:

• "Threatening Delayed Entry Program member[s] with possible disciplinary actions for failing to fulfill their contractual obligations is inconsistent with the concept of the All Volunteer Force (AVF)....[No member of the Delayed Enlistment Program should] be told that it is Navy policy to order or force an unwilling member to recruit training or to any other form of active or Reserve duty."
  

In most cases, if a member refuses to report for active duty, the military simply voids the enlistment contract, or issues an uncharacterized discharge.

I happen to agree that prosecuting these individuals or involuntarily calling them to active duty would not be a good policy. Individuals who believe that honesty, integrity, commitment, and honor are secondary to personal desires have no business serving in the United States Armed Forces.

So, why do many military recruiters make it a practice to maintain a list of those who broke their promise, so that they can contact them in the future to see if they might have changed their mind again? Why are military recruiters actively recruiting individuals who have proven to lack the most basic of moral qualities that the military so desperately needs? Are quotas and numbers so important that we actively search out promise-breakers and liars to fill our military ranks?