Involuntary Recall

[Crito]

What is the name of your state? California

I enlisted in '98 and served 5 years and was discharged honorably in '03. My contract required me to serve an additional 3 years in the IRR. In February of '05 I received orders recalling me to active service. My mother wrote a letter to the commander asking that they allow me to complete my college degree. The HRC called me after receiving her letter and informed me that I am eligible for an exemption because I am a student. I applied and found out on the 18th of April that my requrest for exemption was denied, but that I had received a delay of 43 days from my initial report date (the 24th of April). I requested an appeal and have until the 1st of May to file that appeal.

The date on my DD214 in block 6. Reserve Oblig. Term. Date is the 16th of November, 2005. My orders call for 545 days of active service from June 5th 2005, which is well beyond this date. Is it legal for the Army to recall its IRR soldiers past the dates when their contract terminates?

Thank you for your help.

Wesley

 

[chrisdizz22]

What is the name of your state? California

I enlisted in '98 and served 5 years and was discharged honorably in '03. My contract required me to serve an additional 3 years in the IRR. In February of '05 I received orders recalling me to active service. My mother wrote a letter to the commander asking that they allow me to complete my college degree. The HRC called me after receiving her letter and informed me that I am eligible for an exemption because I am a student. I applied and found out on the 18th of April that my requrest for exemption was denied, but that I had received a delay of 43 days from my initial report date (the 24th of April). I requested an appeal and have until the 1st of May to file that appeal.

The date on my DD214 in block 6. Reserve Oblig. Term. Date is the 16th of November, 2005. My orders call for 545 days of active service from June 5th 2005, which is well beyond this date. Is it legal for the Army to recall its IRR soldiers past the dates when their contract terminates?

Thank you for your help.

Wesley

once you report they will probably stoploss you, so your dates wont matter.

 

[badapple40]

When did you enlist (take the oath of office) and ship for boot camp initially (in 1998)?

 

[Crito]

Yes, January of 1998.

 

[badapple40]

You can appeal the date to be January of 2006, but, like Chris said, they _can_ stop loss you to keep you on active duty.

 

[Crito]

You can appeal the date to be January of 2006, but, like Chris said, they _can_ stop loss you to keep you on active duty.

I'm not sure I understand what you're saying, Apple. Or, perhaps (and the more likely explaination) I didn't explain my situation correctly. I don't want to go back in. I was active for five years, and have been inactive since January of 2002. The orders I received recalling me to duty require me to serve past the date on my DD214 for the termination of my reserve obligation. Even if there is an error on my 214, the contract that I have is for 8 years starting 20 January, 1998. I know that they're recalling people from the IRR, and I know that the executive order issued on the 14th of September allows for this. What I don't know, and haven't been able to find out, is if this allows them to break the contract and extend it past the original termination date. If it is possible for them to do this, it would answer a lot of my questions, and I'd serve my additional time.

I was stop-lossed before. All military intelligence MOSs were for a period. One of the first MOSs that was released from the stop-loss were the Spanish and Russian Linguists, being a Spanish linguist, I fell into those that were allowed to separate. Doing a little more research, I was able to find that the Army still has no need for Spanish linguists, according to Branch. So, can the Army activate me from the IRR for longer than my original contract required me to serve?

 

[Davidzill]

Crito, I am not sure of the exact details, but supposedly the Pres. signed an executive order recently basically saying the military can keep you indefinately, regardless of contract length, i.e. if your IRR time is over this NOV, the could stop loss you that day for 545 days, or who knows even more. This is for many different reasons, specific no one is joining the military, and no one is reenlisting, and the Pres. promised not to start the draft, so all the IRR guys are feeling the effects. If I were you I would just fail the physical somehow if you decide to report in. It is easy, trust me. The back-door draft sucks...it is unjust, and shows the competency well of our Sec of Defense, so do what you can to defeat it.

 

[racer72]

The 9th Federal Circuit Court of Appeals recently ruled anyone with any obligation can be recalled. The case revolved around a 53 year old gentleman that had already served 16 years active and 17 years of reserve duty. He resigned his position in the reserves early last year but was recalled in November. He sued claiming he had already served well beyond the federal mandated required service for all American males (6 years) and that if he had not resigned his position, his obligation ended in June of this year and that the recall he recieved was for a 36 month requirement far exceeded his obligation. A federal court in Seattle and the 9th CCA in both disagreed and called the recall valid. In fact, the appeals court ruled he could be required to serve for another 167 months, that would be when he is 67. I have heard of folks that got out of the service 10 and 15 years ago being recalled based on the job they held in the service. I've been out of the Navy almost 26 years and I sure hope president shrub doesn't have any plans for me in the near future.

 

[gphjr]

At this moment you could sniff coke, shoot heroin and be HIV positive and the Army would still find something for you to do to support the global war on terrorism. On your contract there is the fine print that is readable and then there is the fine print written on the copy you didn't get. Show up and get deployed. Time to earn that GI Bill your getting. I have met soldiers that have had days left on thier contract when the letter came. I have met soldiers that thier contracts have expired and the final documents have not made it to HRC before the order for active duty came in the mail. Sorry but that is how it works. Be safe good luck

 

[fozzy2]

.
I was stop-lossed before. All military intelligence MOSs were for a period. One of the first MOSs that was released from the stop-loss were the Spanish and Russian Linguists, being a Spanish linguist, I fell into those that were allowed to separate. Doing a little more research, I was able to find that the Army still has no need for Spanish linguists, according to Branch. So, can the Army activate me from the IRR for longer than my original contract required me to serve?

Hmmmm. I have a feeling you will be learning a second language soon, and via OJT as well. Spanish, Arabic, it's all Greek to the Army! ( or so the I-Branchers used to tell me ).

There is possibly another somewhat devious way around the recall. If you can convince the Army that you are not only a student, but are studying something "critical", they might end up letting you stay in school. As long as you don't sign anything new, once your date has passed you can then do whatever you like. ( A local kid signed up for NROTC and played the "I want to be an officer" card and they let him out of his call up. At the end of the year his obligation had passed and he left ROTC with a wave and a smile ). Of course, it depends on your dates and doing some dancing.

But, basically, the government can get away with about anything. If they want you they can have you.