An In-Depth Look at the DD Form 4 Military Enlistment Contract
by Don Chapin, Capt, Ret’d, USAF, per militarytruth.org
REVIEW THE ENLISTMENT CONTRACT BEFORE MEETING WITH A RECRUITER, ANY RECRUITER! Be sure to read Don’s guide to Filling Out the DD Form 4 Enlistment Contract page for more advice and commentary on each section BEFORE filling out yours! There will be some overlap between these two documents, but there is much valuable insight in each that you need to know before making any commitments. You might also find it helpful to read Don’s preliminary research into the DD Form 4 Privacy Act Statement Authority Applicable Statutes HERE.
DD Form 4 PAGE 1
The exact quotes from the contract are included in quotation marks, while my supplemental comments are in bold blue font.
“PRIVACY ACT STATEMENT AUTHORITY: 5 U.S.C. 3331; 10 U.S.C. 113, 136, 502, 504, 505, 506, 507, 508, 509, 510, 513, 515, 516, 518, 519, 972, 978, 2107, 2107a, 3253, 3258, 3262, 5540, 8252, 8253, 8257, 8258, 12102, 12103, 12104, 12105, 12106, 12107, 12108, 12301, 12302, 12304, 12305, 12405; 14 USC 351, 632; 32 U.S.C. 301, 302, 303, 304; and Executive Order 9397, November 1943 (SSN)”
Can the enlistee cite what is in each of these “authorities”?? Officially, the DoD was created on September 18, 1947, so what is “Executive Order 9397, November 1943” doing on this list? Therefore, what are the rest of the “authorities”?
Yes, in a separate document, DD Form 4 ‘PRIVACY ACT STATEMENT AUTHORITY,’ we traced each “authority” to synopsize what it concerns, but that took some time… time that a potential enlistee is not given when being “encouraged” to immediately sign this contract by the recruiting office personnel. The result is laughable, if only because of its crude attempt at imposing “officialdom” with very little regard to the immediate applicability to this contract.
“PRINCIPAL PURPOSE(S): To record enlistment or reenlistment into the U.S. Armed Forces. This information becomes a part of the subject’s military personnel records which are used to document promotion, reassignment, training, medical support, and other personnel management actions. The purpose of soliciting the SSN is for positive identification.”
Personally, I have NEVER seen this document in my military personnel file(s), whether I was enlisted or officer.
“ROUTINE USE(S): This form becomes a part of the Service’s Enlisted Master File and Field Personnel File. All uses of the form are internal to the relevant Service.”
AGAIN, personally, I have NEVER seen this document in my military personnel file(s), whether enlisted or officer.
“DISCLOSURE: Voluntary; however, failure to furnish personal identification information may negate the enlistment/reenlistment application”
B. AGREEMENTS
“8. I am enlisting/reenlisting in the United States (list branch of service)___________________________________ this date for ___ years and ___ weeks beginning in pay grade _______ of which ___ years and ___ weeks is considered an Active Duty Obligation, and _____________ years and _______ month will be served in the Reserve Component of the Service of which I have enlisted. If this is an initial enlistment, I must serve a total of eight (8) years, unless I am sooner discharged or otherwise extended by the appropriate authority. This eight year service requirement is called the Military Service Obligation. The additional details of my enlistment/reenlistment are in Section C and Annex(es) (list name of Annex(es) and describe)”
These two lines are where you need to delineate (in detail) the title and number of pages of ANY separate Annex(es). Be VERY sure you include ANY sales pitches your recruiter has mentioned. Note that the inserted obligation is for EIGHT YEARS!!! If you’re a high school graduate, a lot can happen in the next eight years!
Also, we do NOT recommend listing anything on the backs of these contract forms as they probably will not be reproduced. There are also no guarantees that listed and labeled annex(es) will be reproduced, which is why we STRONGLY recommend getting copies of the WHOLE, signed contract.
My recruiter, after seeing me shoot a woodchuck at about 200 feet away at home, stated “That skill will be very valuable in the Air Force.” Thereafter, the only time I handled a rifle was in shooting range qualification during basic training and handling a falling-apart carbine.
Also, he assured me of private rooms in the barracks, not the open bays of reality.
a. “FOR ENLISTMENT IN A DELAYED ENTRY/ENLISTMENT PROGRAM (DEP):
“I understand that I am joining the DEP. I understand that by joining the DEP I am enlisting in the Ready Reserve component of the United States (list branch of service) for a period not to exceed 365 days unless this period of time is otherwise extended by the Secretary concerned. While in the DEP, I understand that I am in a nonpay status and that I am not entitled to any benefits or privileges as a member of the Ready Reserve, to include, but not limited to medical care, liability insurance, death benefits, education benefits, or disability retired pay if I incur a physical disability. I understand that the period of time while I am in the DEP is NOT creditable for pay purposes upon entry into a pay status. However, I also understand that the period of time while I am in the DEP is counted toward fulfillment of my military service obligation described in paragraph 10, below. While in the DEP, I understand that I must maintain my current qualifications and keep my recruiter informed of any changes in my physical or dependency status, qualifications, and mailing address. I understand that I WILL be ordered to active duty unless I report to the place shown in item 4 above by (list date (YYYYMMDD)) for a period not to exceed for enlistment in the Regular component of the United States (list branch of service)for not less than ______ years and _________ weeks.”
Interestingly, the time and date for my entry into the military (Sep 28, 1956) was the time and date I was sworn in and left for basic training, NOT including the time I spent in the DEP (about three months) and which I could simply have walked away from at any time.
b. “Remarks (if none, so state)”
Do NOT state “no remarks” !!!
This is another opportunity where you need to absolutely delineate the title and number of pages of ANY separate Annex(es). Again, be VERY sure you include ANY sales pitches your recruiter has mentioned!!! And BE SURE you get a copy of this WHOLE contract (note above comments)!!!
c. “The agreements in this section and attached annex(es) are all the promises made to me by the Government. ANYTHING ELSE ANYONE HAS PROMISED ME IS NOT VALID AND WILL NOT BE HONORED.
(Initials of Enlistee/Reenlistee) (Continued on Page 2)”
I think this is self-explanatory… VERBAL promises have ABSOLUTELY NO MEANING!!! Tell your recruiter “PTSOP” (Put That S— On Paper)!!! (Alternatively, make detailed notes of recruiter promises after each meeting.) Then attach those now likely non-existent paper(s) to this document and REFERENCE them!!!
Your recruiter will most likely object strongly, but this is a CONTRACT, not a gab fest and your recruiter later has to attest (sign off) to the “no verbal promises” statement on this document, so you’re helping keep him/her honest (which, in some cases, may be a problem).
End, page 1, DD Form 4
An In-Depth Look at the DD Form 4 Military Enlistment Contract (PAGE 2, COLUMN 1)
by Don Chapin, Capt, Ret’d, USAF, per militarytruth.org
The exact quotes from the contract are included in quotation marks, while my supplemental comments are in bold blue font.
“9. FOR ALL ENLISTEES OR REENLISTEES:
I understand that many laws, regulations, and military customs will govern my conduct and require me to do things under this agreement that a civilian does not have to do. I also understand that various laws, some of which are listed in this agreement, directly affect this enlistment/reenlistment agreement. Some examples of how existing laws may affect this agreement are explained in paragraphs 10 and 11. I understand that I cannot change these laws but that Congress may change these laws, or pass new laws, at any time that may affect this agreement, and that I will be subject to those laws and any changes they make to this agreement. I further understand that:
a. My enlistment/reenlistment agreement is more than an employment agreement. It effects a change in status from civilian to military member of the Armed Forces. As a member of the Armed Forces of the United States, I will be:
(1) Required to obey all lawful orders and perform all assigned duties.”
WHOA! “lawful orders?” Who’s to determine that?? The barely graduated high school graduate who has trouble understanding eighth grade reading materials? Or, the Army Lieutenant behind Vietnam’s My Lai massacre or the college-educated CIA operators that ran the Operation Phoenix multiple massacres in ‘Nam? Regardless of public perceptions, the military DOES NOT run on morals.
“(2) Subject to separation during or at the end of my enlistment. If my behavior fails to meet acceptable military standards, I may be discharged and given a certificate for less than honorable service, which may hurt my future job opportunities and my claim for veteran’s benefits.”
Officially, discharges range from Honorable, General, Other Than Honorable (a form of Administrative discharge), Clemency, or Punitive (which includes Bad Conduct and Dishonorable), detailed descriptions of which can found almost anywhere on the ‘net. Regardless of your “official” discharge designation, there is a “spin code” on your DD214 that determines your eligibility for VA benefits and, from a prospective employer’s standpoint, employment potential. If you’re having problems obtaining employment after being even honorably discharged from the military, see “discharge Types” on this site. Not knowing or being aware of the spin code on your DD214 can be disastrous.
“(3) Subject to the military justice system, which means, among other things, that I may be tried by military courts-martial.
(4) Required upon order to serve in combat or other hazardous situations.”
Such as medical experiments or atomic blasts or, like myself, being exposed to ototoxic chemicals that affect your hearing and balance.
“(5) Entitled to receive pay, allowances, and other benefits as provided by law and regulation.
b. 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/reenlistment document.”
In other words, Congress and the president can nullify the provisions of this contract as can any military regulation-producing command level above the enlistee. Therefore, the “needs” of government officials and military command always come first, making this “contract” meaningless. Nevertheless, the only “protection” an enlistee has is to FULLY document all recruiter promises as noted for page one and to KEEP a copy of it.
“10. MILITARY SERVICE OBLIGATION, SERVICE ON ACTIVE DUTY AND STOP-LOSS FOR ALL MEMBERS OF THE ACTIVE GUARD.”
During the Bush/Cheney-declared, deceptive and unnecessary war with Iraq, this clause caused a tremendous amount of disruption to many American families when the husband (this was before the “liberation” 🙂 was recalled to the military to suddenly transition from comfortable six-figured annual incomes back to just barely five- or even 4-figure incomes.
The stop-loss provisions that were suddenly applied disrupted many lives.
a. “FOR ALL ENLISTEES: If this is my initial enlistment, I must serve a total of eight (8) years, unless I am sooner discharged or otherwise extended by the appropriate authority. This eight year service requirement is called the Military Service Obligation. Any part of that service not served on active duty must be served in the Reserve Component of the service in which I have enlisted. If this is a reenlistment, I must serve the number of years specified in this agreement, unless I am sooner discharged or otherwise extended by the appropriate authority. Some laws that affect when I may be ordered to serve on active duty, the length of my service on active duty, and the length of my service in the Reserve Component, even beyond the eight years of my Military Service Obligation, are discussed in the following paragraphs.”
Who or what is “the appropriate authority”??? Not defined as to what position or level of command can claim to be “the appropriate authority”? This seems to shift with the situation.
b. “I understand that I can be ordered to active duty at any time while I am a member of the DEP. In a time of war, my enlistment may be extended without my consent for the duration of the war and for six months after its end (10 U.S.C. 506, 12103(c)).”
Which has disrupted and inconvenienced many lives, for questionable reasons, such as the now-questionable initiation of the Vietnam war and, likewise, the Gulf wars.
c. “As a member of a Reserve Component of an Armed Force, in time of war or of national emergency declared by the Congress, I may, without my consent, be ordered to serve on active duty, for the entire period of the war or emergency and for six (6) months after its end (10 U.S.C. 12301(a)). My enlistment may be extended during this period without my consent (10 U.S.C. 12103(c)).”
Again, which has disrupted and inconvenienced many lives, for questionable reasons.
End PAGE 2, COLUMN 1
An In-Depth Look at the DD Form 4 Military Enlistment Contract (PAGE 2, COLUMN 2)
by Don Chapin, Capt, Ret’d, USAF, per militarytruth.org
The exact quotes from the contract are included in quotation marks, while my supplemental comments are in bold blue font.
Note the number of times the phrase “I may, without my consent,” is applied in this section.
d. “As a member of the Ready Reserve (to include Delayed Entry Program), in time of national emergency declared by the President, I may, without my consent, be ordered to serve on active duty, and my military service may be extended without my consent, for not more than 24 consecutive months (10 U.S.C. 12302). My enlistment may be extended during this period without my consent (see paragraph 10g).
e. “As a member of the Ready Reserve, I may, at any time and without my consent, be ordered to active duty to complete a total of 24 months of active duty, and my enlistment may be extended so I can complete the total of 24 months of active duty, if:
(1) I am not assigned to, or participating unsatisfactorily in a unit of the Ready Reserve; and
(2) I have not met my Reserve obligation; and
(3) I have not served on active duty for a total of 24 months (10 U.S.C. 12303).
f. “As a member of the Selected Reserve or as a member of the Individual Ready Reserve mobilization category, when the President determines that it is necessary to augment the active forces for any operational mission or for certain emergencies, I may, without my consent, be ordered to active duty for not more than 365 days (10 U.S.C. 12304). My enlistment may be extended during this period without my consent (see paragraph 10g).
g. “During any period members of a Reserve component are serving on active duty pursuant to an order to active duty under authority of 10 U.S.C. 12301, 12302, or 12304, the President may suspend any provision of law relating to my promotion, retirement, or separation from the Armed Forces if he or his designee determines I am essential to the national security of the United States. Such an action may result in an extension, without my consent, of the length of service specified in this agreement. Such an extension is often called a “stop-loss” extension (10 U.S.C. 12305).
This ‘stop loss’ provision has been applied for dubious reasons in the past (for the first Iraq war) and resulted in tremendous disruption of many lives.
h. “I may, without my consent, be ordered to perform additional active duty training for not more than 45 days if I have not fulfilled my military service obligation and fail in any year to perform the required training duty satisfactorily. If the failure occurs during the last year of my required membership in the Ready Reserves, my enlistment may be extended until I perform that additional duty, but not for more than six months (10 U.S.C. 10148).
11. “FOR ENLISTEES/REENLISTEES IN THE NAVY, MARINE CORPS, OR COAST GUARD:
I understand that if I am serving on a naval vessel in foreign waters, and my enlistment expires, I will be returned to the United States for discharge as soon as possible consistent with my desires. However, if essential to the public interest, I understand that I may be retained on active duty until the vessel returns to the United States. If I am retained under these circumstances, I understand I will be discharged not later than 30 days after my return to the United States; and, that except in time of war, I will be entitled to an increase in basic pay of 25 percent from the date my enlistment expires to the date of my discharge.
12. “FOR ALL MALE APPLICANTS:
Completion of this form constitutes registration with the Selective Service System in accordance with the Military Selective Service Act. Incident thereto the Department of Defense may transmit my name, permanent address, military address, Social Security Number, and birthdate to the Selective Service System for recording as evidence of the registration.”
End PAGE 2, COLUMN 2
An In-Depth Look at the DD Form 4 Military Enlistment Contract (PAGE 3)
by Don Chapin, Capt, Ret’d, USAF, per militarytruth.org
The exact quotes from the contract are included in quotation marks, while my supplemental comments are in bold blue font.
D. CERTIFICATION AND ACCEPTANCE
13a. “My acceptance for enlistment is based on the information I have given in my application for enlistment. If any of that information is false or incorrect, this enlistment may be voided or terminated administratively by the Government or I may be tried by a Federal, civilian, or military court and, if found guilty, may be punished.”
“Punished” via a “trial” for proven false statements during enlistment? Not very likely if the prospective enlistee had acted “to the best of my knowledge.” A “bad” discharge is the most likely “punishment.” Many recruiters, to gain points for enlisting greater numbers, will even encourage a bit of “creativity.”
“I certify that I have carefully read this document, including the partial statement of existing United States laws in Section C and how they may affect this agreement. Any questions I had were explained to my satisfaction. I fully understand that only those agreements in Section B and Section C of this document or recorded on the attached annex(es) will be honored. I also understand that any other promises or guarantees made to me by anyone that are not set forth in Section B or the attached annex(es) are not effective and will not be honored.”
b. SIGNATURE OF ENLISTEE/REENLISTEE c. DATE SIGNED (YYYYMMDD)
14. SERVICE REPRESENTATIVE CERTIFICATION (Recruiter’s signature)
a. On behalf of the United States (list branch of service)
“I accept this applicant for enlistment. I have witnessed the signature in item 13b to this document. I certify that I have explained that only those agreements in Section B of this form and in the attached Annex(es) will be honored, and any other promises made by any person are not effective and will not be honored.”
b. NAME (Last, First, Middle) c. PAY GRADE
And, yet, in assisting one young man negotiating a potential enlistment with the Army recruiting office in Medford, OR, his recruiter wondered where he had seen a DD Form 4 to be discussing it the way he did. This same recruiter, despite this recruiter sign-off block on the contract, claimed he hadn’t seen it (he never went to recruiting school?) and they didn’t even have a copy in the office!!
E. “CONFIRMATION OF ENLISTMENT OR REENLISTMENT
15. “IN THE ARMED FORCES EXCEPT THE NATIONAL GUARD (ARMY OR AIR):
“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.
16. “IN THE NATIONAL GUARD (ARMY OR AIR):
I, ______, do solemnly swear (or affirm) that I will support and defend
the Constitution of the United States and the State of 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 Governor ofand regulations. So help me God.
17. “IN THE NATIONAL GUARD (ARMY OR AIR):
I do hereby acknowledge to have voluntarily enlisted/reenlisted this day of in the National Guard and as a Reserve of the United States (list branch of service) with membership in the National Guard of the United States for a period of ___ years, ___ months, conditions prescribed by law, unless sooner discharged by proper authority.
18.a. “SIGNATURE OF ENLISTEE/REENLISTEE b. DATE SIGNED (YYYYMMDD)
19. “ENLISTMENT/REENLISTMENT OFFICER CERTIFICATION
a. The above oath was administered, subscribed, and duly sworn to (or affirmed) before me this date.
b. NAME (Last, First, Middle) c. PAY GRADE d. UNIT/COMMAND NAME
e. SIGNATURE f. DATE SIGNED” (YYYYMMDD)
g. UNIT/COMMAND ADDRESS (City, State, ZIP Code)
F. “DISCHARGE FROM/DELAYED ENTRY/ENLISTMENT PROGRAM
20a. “I request to be discharged from the Delayed Entry/Enlistment Program (DEP) and enlisted in the Regular Component of the United States (list branch of service) for a period of ______ years and __________ weeks. No changes have been made to my enlistment options OR if changes were made they are recorded on Annex(es) which replace(s) Annex(es)
Basically, this is intimidation. While the DoD would LIKE to have such formal requests from departing DEPs, as pointed out on this website, they are not necessary.
b. SIGNATURE OF DELAYED ENTRY/ENLISTMENT PROGRAM ENLISTEE c. DATE SIGNED (YYYYMMDD)”
G. APPROVAL AND ACCEPTANCE BY SERVICE REPRESENTATIVE
21. SERVICE REPRESENTATIVE CERTIFICATION
a. This enlistee is discharged from the Reserve Component shown in item 8 and is accepted for enlistment in the Regular
Component of the United States (list branch of service) in pay grade
b. NAME (Last, First, Middle)
c. PAY GRADE
d. UNIT/COMMAND NAME
e. SIGNATURE
f. DATE SIGNED (YYYYMMDD)
g. UNIT/COMMAND ADDRESS (City, State, ZIP Code)
H. CONFIRMATION OF ENLISTMENT OR REENLISTMENT
22a. IN A REGULAR COMPONENT OF THE ARMED FORCES:
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.
b. SIGNATURE OF ENLISTEE/REENLISTEE c. DATE SIGNED (YYYYMMDD)
23. ENLISTMENT OFFICER CERTIFICATION
a. The above oath was administered, subscribed, and duly sworn to (or affirmed) before me this date.
You HAVE to be sworn in by an officer!
b. NAME (Last, First, Middle)
c. PAY GRADE
d. UNIT/COMMAND NAME
e. SIGNATURE f. DATE SIGNED
(YYYYMMDD)
g. UNIT/COMMAND ADDRESS (City, State, ZIP Code)
(Initials of Enlistee/Reenlistee)
End, Page 3, DD Form 4
DIFFERENT OUTLOOKS AT COMMAND LEVELS
Don Chapin: After three days in basic training I knew I’d made a tremendous mistake and was strongly anti-military for the last three years of my first four-year enlisted hitch when I surprised EVERYONE by suddenly re-enlisting on the gamble that I could qualify for the new Airman Education and Commissioning Program (AECP) from a position of only a high school diploma. Later, as a SSgt, I was still in Strategic Air Command (SAC, “the Marine Corps of the Air Force,” headed by Gen. Curtis LeMay, of WWII Tokyo firebombing fame) and had signed a paper indicating I wouldn’t re-enlist again, but was going to college after getting out after eight years (the end of my second enlisted hitch). Then, “living” at the base education office paid off during the second enlistment when the Air Force Institute of Technology (AFIT) accepted my AECP application with orders to Oklahoma State University for a degree in engineering. SAC, relying on my stated intention to not re-enlist, tried to kill that application, but was overruled at a higher level and I was on the way to a paid engineering education in lieu of the NY State partial scholarship I had thrown away to enlist in the first place. Therefore, I later survived one demotion, from SSGT to 2nd Lt. 🙂
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