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To: Red Steel
"Yes he will. Look at the post 72 above. "

The facts surrounding Maj. Cooks ordered deployment are dissimilar in almost every what from the facts surrounding this physician's deployment. Cook was an reserve officer who volunteered for deployment. Then, a month or two later, he files a civil suit for a TRO (could have been injunctive relief, I can't remember anymore) to stop his deployment. The Army took it as a de facto request to withdraw his voluntary orders. As it turns out, officers who volunteer for duty, can withdraw their submission up until the time they're deployed. The Army granted that de facto request, rendering the civil suit moot.

This is completely different, as it appears that this is in a involuntary deployment order. The soldier can't refuse involuntary deployment orders, so there's no de facto request that the Army can acquiesce to. In short, they're painted into a corner with court-martial as the only way out, assuming the Capt actually doesn't report for duty.

82 posted on 08/28/2009 10:34:52 PM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: OldDeckHand
This is completely different, as it appears that this is in a involuntary deployment order. The soldier can't refuse involuntary deployment orders, so there's no de facto request that the Army can acquiesce to. In short, they're painted into a corner with court-martial as the only way out, assuming the Capt actually doesn't report for duty.

Reserve personnel are reserve until they are activated (active duty) which Major Cook was being put on active duty. I've been a volunteer for certain assignment before, and if I received orders to go where I wanted to go, it then becomes "orders" as in involuntary.

Like I said you dance on pinheads.

88 posted on 08/28/2009 10:48:02 PM PDT by Red Steel
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To: OldDeckHand
The soldier can't refuse involuntary deployment orders

A soldier must refuse unlawful orders.

Remember Mi Lai?

170 posted on 08/29/2009 8:44:18 AM PDT by null and void (We are now in day 220 of our national holiday from reality. - 0bama really isn't one of US.)
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To: OldDeckHand
It looks like people like Cpt. Rhodes and Glen Beck are putting their lives, land, family, futures, and money on the line for the truth, these are our true Patriots of our day like the patriots of old ... our founding fathers.
424 posted on 08/30/2009 2:36:11 AM PDT by American Constitutionalist
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