A Contractual Analysis of the Military Enlistment

Abstract

Since July 1, 1973, this nation has had what is termed an "all volunteer military." As a result, the primary means available for an individual to enter military service has become the enlistment contract. This article will explore whether or not this type of agreement is, in fact, a contract. We shall analyze what documents or acts are necessary to comprise this agreement between a volunteer and the United States; whether a military enlistment agreement satisfies the traditional contractual elements, such as mutual assent, consideration, and capacity to contract; what is the effect of conditions stated in the contract; and, finally, breach and remedies for breach.

Keywords: all volunteer military, enlistment contract, military enlistment agreement, traditional contractual elements, mutual assent, capacity to contract, breach of contract, remedies

JEL Classification: K19, K29, K39, K49, H56