Posted on 10/25/2004 10:14:35 AM PDT by LouAvul
NEW YORK (CNN) -- 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.
Capt. Jay Ferriola, 31, appeared in court for an emergency hearing Sunday to decide his fate. Ferriola says he resigned from the Army Reserve in June after eight years of service, including four years of active duty.
Ferriola received orders last week to report for active duty with the 306th Military Police Battalion in Uniondale, New York. The lawsuit says the unit will serve in Iraq for a year and a half on a "dangerous mission in Iraq."
Ferriola filed a lawsuit against the government, claiming lack of due process, involuntary servitude and breach of contract.
(Excerpt) Read more at cnn.com ...
that being said, i would have pissed and moaned about it until i was released again, but i would have done my duty.
Okay, reject his resignation and have him report next Monday.
Okay, reject his resignation and have him report next Monday.Uhh... Excuse me, Chief?
More work for Edwards after he loses this election.
General principle. Don't get me wrong, let him take his lawyer over with him.
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.
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.
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.
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.
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
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. :)
The force is being maintained by volunteers, howevever if the volunteers do not maintain force strength, conscription/obligation will again be in place.
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.
(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.
ONLY if your resignation is accepted.
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...
One hasn't resigned from the military unless the resignation
is accepted.
That would be quitting, an option not available in the military.
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