Parents Sue to Stop Army Daughter's Deployment

The parents of a soldier from New York who recently finished training at an Army post in Missouri are seeking to block her overseas deployment, alleging that a military recruiter misled the family.

[joker]

This is bull! She knew it was a possibility that she might get deployed when she signed up! Especially during war time! This is nothing more that desertion! Just like the hippies back during Vietnam! What are you gonna do sent her off to Canada like they did? This sickens me! You want her to do the right and noble and patiotic thing by supporting her country as long as she doen't have to do anything huh!

[Debra S]

Just let the girl go home maybe they all learned she is not ready for that sorta of jump in life. Fight hard Mom, I didn't and wish I had. I still have my child 15 years later, I'm lucky.

[Brian]

A) Maybe the mom should have actually read the document she signed. Maybe the kid should have read the legally-binding government contract SHE signed. When an enlistee sits down to sign an enlistment contract, there is no question that what they're signing is exactly that - a contract.

B) The kid got all the way through basic training, and THEN mom raised a fuss because snowflake might have to [GASP!] deploy to Afghanistan.

I'm in Afghanistan right now. It's part of the job. As Soldiers, we're trained to deploy. We're not trained to sit around in garrison for the whole enlistment. That's what civilians are for.

[thinks_on_feet]

Nothing "noble" about lying to a person and nothing "patriotic" about fighting a war we can't win in a country where the vast majority of citizens don't want us there.

Just like back during Vietnam.

The kid needs to go home. She's not going to be of any use and she'll probably get herself and others killed.

[Michael]

Joker is just a reactionary--if he had read the story he would see that they did not "sign up." An minor was checking it out and the military did not get both parent's signatures. If you think it is deserting to hold the military to its own rules, perhaps it was also deserting to not go to Vietnam without being drafted, or to stay in your basecamp when not on patrol. to say we should disregard the rules of parents signing, but not disregard the rules of reporting doesn't make sense.

[Chris C]

Good news is that the daughter likely won't be deployed or arrested (until she can sign for herself at 18). Bad news is that the mother is likely to be arrested for forgery, et al., for providing falsified documents to the government.
Perhaps that's the mother's goal ...

[fuzz]

If the daughter finished basic and other training and didn't complain herself, why are the parents all up in arms over this? Maybe the parents are upset that the daughter actually likes being in the Army?

[Mike]

To Brian:

A) An individual, once they turn 18, is not bound by any contract entered into by the parents on their behalf. Period. Or maybe you missed that part about the Emancipation Proclamation and the abolition of slavery. Even if a provision of the law had made exception for parental consent, as the article reads that consent was never granted. Therefore, the contract is null and void at the will of any of the parties to that contract.

B) It does not matter how far the girl chose to go, or how far the army let her go. If there is no contractual obligation, any continuation of the arrangement is purely "at-will" with no regard to the job.

We are all happy you are serving in Afghanistan and fighting for the rights of people. Just remember to take the existing legal rights of everyone into consideration before you spout off on personal responsibility. It is a two-way street.

[Chat]

This really ticks me off. She was 17 (minor) at the time she signed up with parents (signatures of both parents) consent. According to the mother she was suppose to do an "overnight" stay. Well 8 weeks later after bootcamp she was to get additional training then deploy. So now that she might actually have to do what the Army is desiged to do (Follow the orders of the their superiors) the mom wants out. Boo-freakin wooo. Seems like she just wants to sit back and enjoy the PX and medical care without ever going anywhere.
She should of read all the papers that she signed...just like in the corporate world. In the end she will not deploy, get kicked out of the service, and never allowed to join again. Only if she got a bonus she would have to pay that back. Oh well as least no deployment right?

[Ivan]

To Mike:

1: The parental consent waiver that Pvt. Poole's parents signed when she was 17 allowed the beginning of in processing and granted parental consent to the beginning of military service while still under guardianship.

2: During the in processing period, the applicant (recruit, poolee, trainee, or whatever the individual service term is) has multiple opportunities to change their mind, including 3 opportunities for refusal before being shipped to basic training (on swearing that their forms and information are true, on 'swearing in' and upon receipt of transit orders to basic training.) Each of these items are days, if not weeks or months apart, so it's not as if the applicant and signing guardian don't have time to "think about it."

3: Upon arrival at basic training, Pvt. Poole could have requested an entry level separation based on family, moral, or personal reasons. ELSs can be granted by the immediate chain of command up to 180 into service. Also, Pvt Poole could have been awarded an ELS by simply refusing to take the oath of enlistment on graduation day from basic training.

4: Pvt. Poole is not an "at will" employee of the US Army. She is under an 8 year obligation per the contract she signed. Again, the parental consent that was signed to start the processed simply states (in lay terms, not exact terms) "My kid can do this if he/she wants."

5 and finally: UCMJ Article 83, Fraudulent Enlistment/Fraudulent Appointment or Separation. If Pvt Poole's family gets this pushed through, Pvt Poole will likely be charged with Fraudulent Enlistment. Normally Article 83 is actually a basic grounds for ELSs in basic training. At this stage in her term of service, it is a major charge that could lead to a dishonorable discharge, forfeiture of all pay and allowances, and up to 2 years in Leavenworth Federal Pen. Also, if the suit itself is dismissed and her unit is deployed, she could be subject to a court-martial under articles 87 and 92 (Missing Movement through Design and Failure to Obey a Lawful Order or Regulation.) As a followup, if the suit goes through and she is discharged without penalty, then her mother would be on the hook for forgery and whatever other laws there are for false utterances for signing her father's name.

Personally, I hope Pvt. Poole can be released from the Army. Being a career USAF officer myself, I don't like to see folks who don't want to be there, because they do cause a hazard to their teammates and often become a 'sore spot' to a chain of command, reducing the units overall capability (that is, if the individual doesn't screw up in an effort to get out of the service.)

[Michael]

Stop the killing. Stop deploying soldiers to kill innocents. Stop bombing wedding parties. Stop killing.

Follow Christ instead.

[Lauren]

Are you guys even reading the post? Her mother, and ONLY her mother, signed the papers. She signed for her husband, as well. Forgery? Maybe. But the father would have to sue her for that, not the government (although she could still be arrested for it). Either way, I don't see this as patriotic or unpatriotic. She was 17 at the time the papers were signed, and as Mike said, once she hit 18 she was automatically out of it (if she chose to do so). I'm sure we'll hear more on this (at least I hope so) and get more of the story. But honestly, people need to read an entire article thoroughly before flying off the handle.

[Lisa]

Mom signed her name AND her husband's name? Isn't that forgery? Mom should have read the whole thing! It is long,(I signed one, too!)but it does state the possibility of deployment.
Hillary had to swear and oath to service with her right hand raised! Her parents didn't take that oath, but I imagine they were invited to witness it, as many family members do!(Been there, done that!)
If she's in less than 180 days, she can get a "Failure to Adapt" chapter, an uncharacterized discharge. This process is reserved for those who discover during training phase (Basic Traning and AIT) that military life is not for them. It does not reflect poorly on a future job application.

[Ivan]

To Lauren:

Not so. The Parental Consent Waiver that parents or guardians of a 17 year old applicant sign to begin the enlistment process is a "permission slip" stating that the recruit may sign of their own accord (formally, it's a special writ of emancipation, stating that the applicant is making this choice themselves and is not being forced, coerced or otherwise enticed and that the parent's are ok with that.) Basically it is a release stating that, in this ONE case, the applicant is legally responsible for their choice.

[James]

According to the article, which seems to contain the meat of the parent's case, Pvt Poole enlisted by fraud, and the case should not be as much Mr and Mrs Poole against the Army as Mr Poole (whose name was forged) against Mrs Poole (the forger). Assuming the document signed was an enlistment contract, the Army is not guilty of any criminal misconduct.

While the Army recruiter may not have been entirely truthful with the family, a contract you sign is binding, whether you read it or not, and the parents waited quite a while to file suit if they just thought their daughter would just be gone overnight.

[Nick in NH]

Some recruiters do mislead kids and parents about what military service entails, but in this case the parents must not have read the paperwork at all. I'm assuming the "evaluation" was a visit to a Military Entrance Processing Station. How anyone could go through that process and not understand that they were signing up for the military boggles the mind. The process involves taking an Oath of Enlistment, which makes me doubt that anyone with the mental capacity to qualify for enlistment could fail to understand what was going on.

It sounds like a case of buyers remorse to me. I'm not a fan of the recruitment process, and some recruiters do lie, but I can't feel too sorry for this girl or her parents when they clear didn't read anything they signed, or at least claim not to.

[Navy Vet]

I worked as a recruiter. Only one parent's signature is required for the ASVAB and evaluation, both are required for enlistment paperwork.

The mother fails at distinguishing font at the top of each document that is twice the size of the remaining text defining exactly what each document represents and covers.

[StrongRock]

This article fails to state the Soldier's feelings. Is Pvt. Poole in agreement with her mother's suit? Is this a case of a helicopter parent with a tungsten umbilical cord unable to let go? Or, is Pvt. Poole dishonorably conspiring with her mother to evade her duty as a Soldier? If the mother forged the father's name, she should be prosecuted in Federal court. I retired after 21 years of honorable Navy service, but I have always regarded underage enlistments with "permission from mommy" as problematical. Nevertheless, the Law implies "caveat emptor" and Mother Poole should have read the contract, a copy of which is on the left side in Pvt. Poole's Service Jacket. I hope the Army sues Mother Poole for costs in this frivolous suit from a Whining Winnie mommy.

[hrdcore]

Can't even believe that a parent would sigh any official paperwork with out reading it. I read my sons and read to him the part where if he signs any paperwork to enlist he is enlisted. I also made sure my wife knew that also.
As to her mom signing that is a separate issue and If her dad said she sighed his signature with out his permission she is guilty, not the army. And my wish would be she goes to jail for it or at least fined for the cost to the government of having sent her to basic. But were was pvt. Poole during the process? I find it hard to believe she was clueless during the entire process. sounds like a big case of whaaaaaaa!

[alphamale11]

Pitch her, not honorable discharge. The family is moronic and the offspring probably is too.