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Soldier who sued not required to report for duty
CNN ^ | 10-25-04

Posted on 10/25/2004 10:14:35 AM PDT by LouAvul

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To: oh8eleven
well, i just let out a big sigh of relief, i am now completely out of the navy, i start school up in january so i can go back in post pharmacy school, it would have been really irritating to have to postpone school once again.

that being said, i would have pissed and moaned about it until i was released again, but i would have done my duty.

41 posted on 10/25/2004 2:18:53 PM PDT by Docbarleypop (Navy Doc)
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To: LouAvul
"The U.S. Army captain who filed an injunction to block his deployment to Iraq will not have to report for duty Monday, and the military has one week to decide whether to approve his resignation."

Okay, reject his resignation and have him report next Monday.

42 posted on 10/25/2004 2:22:20 PM PDT by CWOJackson
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To: CWOJackson
Okay, reject his resignation and have him report next Monday.
Uhh... Excuse me, Chief?

There's absolutely no reason to reject his resignation if he's fulfilled his service commitment, which it appears he has. Officers can generally resign their commissions at any time once their commitment is served.

My commitment is/was 8 years on active duty and then 4 years in the reserves. Are you saying that after 12 years I shouldn't be allowed to get out?
43 posted on 10/25/2004 2:40:07 PM PDT by HerrKobes (The opinions stated herein do not represent the official views of the US govt, DOD or USAF)
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To: LouAvul

More work for Edwards after he loses this election.


44 posted on 10/25/2004 2:41:16 PM PDT by matchwood
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To: HerrKobes
"There's absolutely no reason to reject his resignation..."

General principle. Don't get me wrong, let him take his lawyer over with him.

45 posted on 10/25/2004 2:45:46 PM PDT by CWOJackson
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To: cake_crumb
Coward. Chicken sh*t, pantywaisted girly-boy. POS. Whiner
LOLOL Well, that pretty well covers it ;)
46 posted on 10/25/2004 2:48:25 PM PDT by Libertina
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To: LouAvul

F*cking coward. Officers serve at the pleasure of the President. If the Man calls you up, you serve. Period.

Hell, I had a friend (who's sadly passed on now) who retired from the JAG in the '60s. He was recalled during Desert Storm to do powers of attorney and wills and such at Ft. Stewart. He wore a suit with a small (Navy-sized) rank insignia on his lapel. 'Course, it was an eagle... but it was small nonetheless.


47 posted on 10/25/2004 2:51:03 PM PDT by Terabitten (Live as a bastion of freedom and democracy in the midst of the heart of darkness.)
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To: Tragically Single
Here's the relevant US Code, if anyone's interested. I bolded the important parts....

TITLE 10 > Subtitle A > PART II > CHAPTER 39 > § 688

§ 688. Retired members: authority to order to active duty; duties

Release date: 2004-03-18

(a) Authority.— Under regulations prescribed by the Secretary of Defense, a member described in subsection (b) may be ordered to active duty by the Secretary of the military department concerned at any time.

(b) Covered Members.— Except as provided in subsection (d), subsection (a) applies to the following members of the armed forces:

(1) A retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps.

(2) A member of the Retired Reserve who was retired under section 1293, 3911, 3914, 6323, 8911, or 8914 of this title.

(3) A member of the Fleet Reserve or Fleet Marine Corps Reserve.

(c) Duties of Member Ordered to Active Duty.— The Secretary concerned may, to the extent consistent with other provisions of law, assign a member ordered to active duty under this section to such duties as the Secretary considers necessary in the interests of national defense.

48 posted on 10/25/2004 3:13:27 PM PDT by Terabitten (Live as a bastion of freedom and democracy in the midst of the heart of darkness.)
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To: dwilli

Check out my post #48. It's a little known fact that commissioned officers, in essence, sign up for life. You can retire all you want, but the President or the SecDef has the authority by law to recall you at any time.


49 posted on 10/25/2004 3:15:33 PM PDT by Terabitten (Live as a bastion of freedom and democracy in the midst of the heart of darkness.)
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To: Docbarleypop
Well, okay, I'm glad for ya' - but I have a question.
What the heck are you talking about?
50 posted on 10/25/2004 3:18:24 PM PDT by oh8eleven (RVN '67 - '68)
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To: Tragically Single

Not if you resign your commission after completing ones obligation. A commission is for life unless rescinded or resigned.

After resigning a commission, an officer is no longer an
officer.


51 posted on 10/25/2004 3:29:46 PM PDT by dwilli
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To: dwilli
Correction:

Every male citizen who volunteers is obligated to eight years military availibility unless contracts are signed for more.

A free country doesn't need a slave army.

Volunteer US Army vet,

jimt

52 posted on 10/25/2004 3:43:11 PM PDT by jimt
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To: dwilli

I stand at least temporarily corrected. Let me dig a little deeper... I'm pretty sure that resignations are covered as well.

This is of vital interest to me. I resigned my commission after 8 years (4 active, 4 with the Georgia ANG), and my old guard unit just got deployment orders. Maybe there's some former PAC type or AG officer out there who can help us out. :)


53 posted on 10/25/2004 3:53:46 PM PDT by Terabitten (Live as a bastion of freedom and democracy in the midst of the heart of darkness.)
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To: jimt
Under the Selective Service System which is still registering kids, the obligation is still there, it is not being enforced by conscription.

The force is being maintained by volunteers, howevever if the volunteers do not maintain force strength, conscription/obligation will again be in place.

54 posted on 10/25/2004 3:54:58 PM PDT by dwilli
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To: Tragically Single

If you resigned your commission, you're home free. you
were probably offered an chance to join the inactive officers
Reserve Corps. One used to get an ID card and everything.

If you resign your commission, you are no longer a sworn
officer of the military. You could not reenter the military
as an officer unless you agree to raise your hand.

THe contract and fulfillment of same is the determining factor.


55 posted on 10/25/2004 4:02:27 PM PDT by dwilli
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To: Tragically Single
(1) A retired member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps.
Be careful, you need to pay very close attention to the implied meaning in a few of these words.

For example, retired means having served 20 years and therefore qualified for half-pay (aka pension).

Additionally, Regular means holding a Regular commission. I'm not sure how things are in the Army, but in the Air Force today all Company Grade Officers (2Lt - Capt) have Reserve commissions - even officers who went to the USAFA. At the same time officers are selected for Major, they are generally also picked up for a Regular commission.

If the Army is anything like the Air Force regarding Regular and Reserve commissions, then it is unlikely that the Captain in the article above holds a Regular commission.
56 posted on 10/25/2004 4:03:38 PM PDT by HerrKobes (The opinions stated herein do not represent the official views of the US govt, DOD or USAF)
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To: dwilli
"If you resign your commission, you are no longer a sworn officer of the military."

ONLY if your resignation is accepted.

57 posted on 10/25/2004 4:04:01 PM PDT by CWOJackson
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To: HerrKobes

It's different in the Army. I went through ROTC, but my standing in the nationwide order of merit list was high enough that I was granted a Regular Army commission.

Interestingly, I was first commissioned in the Army Reserves. When the Pointies graduated, (I was attending the Infantry Officer Basic Course at the time), I received a new commission in the Regular Army. Four years later, I resigned my RA commission and accepted a commission in the Georgia Army National Guard.

I'll admit to missing the retired/resigned thing, although I most surely know the difference. I was still seeing red lol...


58 posted on 10/25/2004 4:07:03 PM PDT by Terabitten (Live as a bastion of freedom and democracy in the midst of the heart of darkness.)
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Comment #59 Removed by Moderator

To: CWOJackson

One hasn't resigned from the military unless the resignation
is accepted.

That would be quitting, an option not available in the military.


60 posted on 10/25/2004 4:07:09 PM PDT by dwilli
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