Under 10 U.S.C.A. § 505, seventeen-year-olds can enlist in the military if they
ID: 373808 • Letter: U
Question
Under 10 U.S.C.A. § 505, seventeen-year-olds can enlist in the military if they have the consent of their parents or guardians.
The law has long recognized that children under the age of 18 do not enjoy the same rights as adults—a minor may void a contract entered into before the age of majority.
After reaching the age of majority or within a suitable time , the contract is treated as "elementary". However if the enlistee is still a minor he can void the contract.
In Lonchyna v. Brown, 491 F. Supp. 1352, (N.D. Ill. 1980), the court considered whether an enlistment contract entered into was voidable due to minority. Finding that the minor subsequently affirmed the contract after reaching the age of 21, the court stated that “[i]t is elementary that while a minor may avoid his contracts, he must do so within a reasonable time after reaching his majority.”
If Lonchyna was below the age of 21 he could challenge the contract in court.
Explanation / Answer
In a paragraph is two answer the following case: Lonchyna enlisted in the U.S. Air Force while he was still a minor. Three times he applied for and received educational delays that put off the begin- ning of his tour of duty. The last time, he claimed he could void the contract, because he’d entered into it when he was a minor. Was Lonchyna correct? Explain. Lonchyna v. Brown, Secretary of Defense, 491 F. Supp. 1352 (N.D. IL).
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