Back door draft?

<div class='quotetop'>QUOTE(bestmapman @ Sep 27 2007, 11:46 AM) [snapback]518518[/snapback]</div>

Can he call the NAACP? Are any of his rights being violated? There are many online organizations for vets against the war. Call the news agencies?

I don't understand why is it that you can change your mind about practically everything in America(jobs, marriage, religion, even your sex), but you can't do it once you join the military? Do military personnel sign away their rights to liberty and life when they sign up?

 

I'd say they could come hide out in my basement, but I don't think fleeing to Canada will work like it used to. Conscientious objectors from Vietnam are still being rounded up. Any chance he'd be excused for medical reasons?

 

<div class='quotetop'>QUOTE(burritos @ Sep 27 2007, 11:59 AM) [snapback]518530[/snapback]</div>

No, his rights are not being violated. It is all part of the contract that he signed when he joined the Marine Corps. For both reserve and active duty there is a period of time after you are discharged that they can recall you if necessary. It is called the Individual Ready Reserve and the amount of time that you remain in the reserve varies. If you retire from the military they can recall you basically until you die.

Involuntary Order to Active Duty: The Secretary of a Military Department may order any retired Regular member, retired Reserve member who has completed at least 20 years of active military service, or a member of the Fleet Reserve or Fleet Marine Corps Reserve to active duty without the member's consent at any time to perform duties deemed necessary in the interests of national defense in accordance with 10 U.S.C. 683 (reference (B)). This includes the authority to order a retired member who is subject to the Uniform Code of Military Justice (UCMJ) to active duty to facilitate the exercise of court-martial jurisdiction under Section 302(a) of reference (B). A retired member may not be involuntarily ordered to active duty solely for obtaining court-martial jurisdiction over the member.

Category I. Nondisability military retirees under age 60 who have been retired less than 5 years. E1.1.3.2.
Category II. Nondisability military retirees under age 60 who have retired 5 years or more.
Category III. Military retirees, including those retired for disability, other than categories I or II retirees (includes warrant officers and health care professionals who retire from active duty after age 60).


My brother-in-law was discharged from the Navy Seabees last month after 6 years and two tours in Iraq. However, he is well aware that he can be called back if they need him.

I very seriously looked into joining the Navy Reserve in 2002. (To the point that I had purchased most of the items needed for boot camp.) However, in my research I found that I was committing to about a 10 year period that the Navy would have control over my life. In the end I decided that was too much and decided against it.

 

<div class='quotetop'>QUOTE(jhinton @ Sep 27 2007, 01:06 PM) [snapback]518573[/snapback]</div>

Wow. That's a steep commitment.

 

<div class='quotetop'>QUOTE(jhinton @ Sep 27 2007, 02:06 PM) [snapback]518573[/snapback]</div>

Officers also face possible recall unless they have resigned their commissions, even after the IRR period ends. This is a technical loophole that has surprised many in recent years.

Tom

 

I would say bring it to the news agencies. There's bound to be a reporter more than willing to sit him down, interview him about his experiences (in and after Iraq), and tell the whole world that the military offered him money to come back, and when he said no they took away the bribe and pulled out the big stick to force him back.

I can promise you that these sorts of activities are not very well known. With the current public opinion of the war, i'd say the news agencies will provide him with better than an even chance of not having to go back. The military will be embarrassed by the bad publicity, as will the administration that's working so hard to tell us that the soldiers feel good about the war. I'd put money down that, with enough publicity, they'd call him up and say "sorry, our mistake. enjoy your life here at home".

 

<div class='quotetop'>QUOTE(eagle33199 @ Sep 27 2007, 02:37 PM) [snapback]518593[/snapback]</div>

It's worth a try, but don't hold your breath. This strategy has been tried by a lot of people, and it hasn't relieved them of their service obligations. Remember that this is within the contract of his service agreement and within the laws of our country, so as much as it stinks to high heaven, it's still completely legal and customary.

Tom

 

If we're this hard up sustaining what has long been demonstrated to be a not even adequate ground force in Iraq, what, exactly, is the Cheney cabal going to attack Iran with? The Punxsutawney Volunteer Fire Brigade? Or perhaps this IS why they haven't yet attacked Iran.

Mark Baird
Alameda CA

 

Get him diagnosed with PTSD and clinical depression, and then apply for medical deferment.

 

i know a guy whose reserve time expired about 15 years ago. he was called in. he still has not gone to iraq, but he is not working at his $100 k + job either. last time i talked to him, he was talking about getting loans to pay his bills while he is sitting there making less than a third his normal salary.

he has been active for over 6 months now. he still has no idea how long he will remain active. twice he has had orders to go to iraq and both have been rescinded. he is in his late 40's and i cant even begin to imagine the stress on him and his family....

 

It all sounds a little bit dodgy to me. An 18 year old will sign anything and won't necessarily know the consequences of his/her actions. Can an 18 year old imagine having a stable life with wife and kids at the age of 36? They want to defend their country, great, but don't punish them forever with some BS clause. If you have to steal the future from people who have already served their country, then it sounds like we need a draft. THEN and only THEN will we see who REALLY SUPPORTS the war.

But personally, I think anyone who still supports Dubya should enlist.

 

He needs to get a lawyer.

He has permanent hearing loss in one ear? He isn't fit for active duty.

 

He could try this organization--

GI Rights Hotline (1-800-394-9544) www.girights.org
The hotline is a network of nonprofit, non-governmental organizations who provide information to service members about military discharges, grievance and complaint procedures, and other civil rights. The Hotline and Web site are excellent resources for persons who have already signed up for the military and have changed their minds, or for persons serving in active duty or reserve roles who may be seeking a discharge.


Much more information is available at--
http://www.mcc.org/us/co/

The latter applies more to those who are conscienciously opposed to war for faith reasons, which may not be where he is at.

PA P

 

<div class='quotetop'>QUOTE(burritos @ Sep 27 2007, 04:55 PM) [snapback]518745[/snapback]</div>

Try this. I was drafted in December 1968. I was surprised to find that I was handed a contract to sign at the induction center. What if I didn't sign? Sorry, not an option. Does that sound like a legal agreement? Sorry, the guy signed a legal contract. Lots of people sign contracts they don't understand -- but they still hold up in court.

 

i just found out that a really close friend of mine is going back to afghanistan in january

he served from summer 01 to summer 07- toured in afghanistan, korea, and iraq and then recruited for a couple of years to fulfill his contract (he was too busy fighting to complete the recruiting duties in time!). he had just gotten his civilian life started, just started college a few weeks ago and bought a house.

this upsets me greatly. but willingly he goes, scars of previous tours and all, because he signed that contract.

 

I've had some surprises myself to see with this war, anyway. One of the bigger ones was that the Army Reserves brought a friend of mine in. He was 45 at the time, and had left the Air Force in 1987, when he was 29.

I'm glad that some people on this forum were glad to give some sound advice, as this guy got a raw deal indeed. So did my friend. He volunteered thinking he was going to be sent to Afghanistan, guess where he ended up. Truth is, I haven't heard from him in months.

 

Go to Washington DC and have him marry his best (male) bestfriend.

He just has to be sure to try to make his new husband the beneficiary in the event of his death.

edit
Sorry.... Necro.