forced reelistement

[capy123]

What is the name of your state? FLORIDA

Can refusing a forced reelisment or stop loss be considered being AWOL or Deserion ???

If you did all the time what you signed for, and after that refuse forced reelisement what of your benefits (medical insurance, pension, loans, training...) ?

[SHORTY LONG]

Are you asking that your enlistment was extended without your expressed freewill, and consent?
If so, are you UA now? And per chance, upon completion of your original enlistment, do you have
a Honorable Discharge, and a DD214?

Lastly, the correct spelling is [desertion].

[fozzy2]

I'm not certain exactly what you mean by a "forced re-enlistment." But basically, once you have been enlisted in the U.S. Military you remain enlisted in the U.S. military until the military chooses to officially discharge you. Just because your contract date is past, etc. does not mean that you are no longer in military status. You are still subject to the UCMJ, etc. On rare ocassion there is an argument over what precisely constitutes a "discharge", but basically, if you have not been given your DD-214 you are still "in." "Stop Loss" is legal, as long as it is done in accordance with current law, which may place some restrictions on it. For example, there may be limitations on where you can serve or how long you can serve under "stop loss" status.

As for "forced re-enlistment", you can NOT be forced to actually re-enlist or otherwise bind yourself with a contract. The military can 'keep you in' and send you to Iraq for another year, but you are not required to sign any document which would indicate you have voluntarily done so, nor do you have to 'extend' for any given period of time. The military can not make you obligate yourself beyond what the law allows the military to compel you to do. Administratively, people in "stop loss" are in a special status. To put it another way, the military can not order you to sign a 'voluntary' extension -- it can put you in 'stop loss' to force you to continue to serve. Refusal to obey can be treated like any refusal to obey ---all the way to court martial.

[badapple40]

But the point here is that they can't order you to sign the re-enlistment contract. If they stop loss you, as fozzy said, then you are still in.

[SHORTY LONG]

Welcome back Col. Badapple40 Sir. Are you a General now?

[badapple40]

Nope. Won't ever be one. There isn't much opportunity for reservists to pin on a star, and certainly not reserve JAGs. But I do have a heck of a suntan!

I'm not home yet, but I am in an airport with internet access! Just 6 hours till I board a flight and a redeye away from being home!

Glad to be out of the sandbox! It might well be my last deployment before I retire (we'll see about that). My wife probably won't let me do another one.

Just in time for the Thanksgiving rush at the airport (ugh)...

[redleg17]

I'm also a little confused about the "forced re-enlistment". A stop-loss is not a re-enlistment since ALL initial contracts are for 8 years with the remainder being served in the Reserve or Guard.....

[cyberspook]

Originally Posted by badapple40

Nope. Won't ever be one. There isn't much opportunity for reservists to pin on a star, and certainly not reserve JAGs. But I do have a heck of a suntan!

I'm not home yet, but I am in an airport with internet access! Just 6 hours till I board a flight and a redeye away from being home!

Glad to be out of the sandbox! It might well be my last deployment before I retire (we'll see about that). My wife probably won't let me do another one.

Just in time for the Thanksgiving rush at the airport (ugh)...

I know you may not beable to tell us everything about where they sent you. But to not have access to the internet??? In today's day and age that is unheard of, isn't it?

[badapple40]

Yes, I had internet access. It was monitored. Given the brief amount of time I had on the internet for MWR purposes, I thought it'd be better to trade emails with my family rather than posting on here. Certainly, posting on here while "on duty" violated the DoD network policy.

Moreover, to the extent I might have given advice on here against the interest of the United States government, while in an active duty capacity, it creates a myriad of ethical issues on a monitored internet connection that I'd just as soon avoid.

[cyberspook]

Originally Posted by badapple40

Yes, I had internet access. It was monitored. Given the brief amount of time I had on the internet for MWR purposes, I thought it'd be better to trade emails with my family rather than posting on here. Certainly, posting on here while "on duty" violated the DoD network policy.

Moreover, to the extent I might have given advice on here against the interest of the United States government, while in an active duty capacity, it creates a myriad of ethical issues on a monitored internet connection that I'd just as soon avoid.

Makes a lot of sense. Welcome back

[DRTDEVL]

Originally Posted by capy123

What is the name of your state? FLORIDA

Can refusing a forced reelisment or stop loss be considered being AWOL or Deserion ???

If you did all the time what you signed for, and after that refuse forced reelisement what of your benefits (medical insurance, pension, loans, training...) ?

What you signed (try reading it for yourself), from DD FORM 4/1 (BACK):

10. MILITARY SERVICE OBLIGATION FOR ALL
MEMBERS OF THE ACTIVE AND RESERVE COM-
PONENTS, INCLUDING THE NATIONAL GUARD.
a. FOR ALL ENLISTEES: If this is my initial en-
listment, I must serve a total of eight (8) years. Any part
of that service not served on active duty must be served
in a Reserve Component unless I am sooner discharged.
b. If I am a member of a Reserve Component of an
Armed Force at the beginning of a period of war or
national emergency declared by Congress, or if I become
a member during that period, my military service may be
extended without my consent until six (6) months after
the end of that period of war.
c. As a member of a Reserve Component, in time of
war or national emergency declared by the Congress, I
may be required to serve on active duty (other than for
training) for the entire period of the war or emergency
and for six (6) months after its end.
d. As a member of the Ready Reserve I may be
required to perform active duty or active duty for
training without my consent (other than as provided in
item 8 of this document) as follows:
(1) in time of national emergency declared by the
President of the United States, I may be ordered to
active duty (other than for training) for not more than
24 consecutive months.
(2) I may be ordered to active duty for 24
months, and my enlistment may be extended so I can
complete 24 months of active duty, if:
(a) I am not assigned to, or participating satis-
factorily in, a unit of the Ready Reserve; and
(b) I have not met my Reserve obligation; and
(c) I have not served on active duty for a total of
24 months.
(3) I may be ordered to perform additional active
duty training for not more than 45 days if I have not
fulfilled my military service obligation and fail in any
year to perform the required training duty satis-
factorily. If the failure occurs during the last year of
my required membership in the Ready Reserve, my
enlistment may be extended until I perform that
additional duty, but not for more than six months.
(4) When determined by the President that it is
necessary to support any operational mission, I may be
ordered to active duty as prescribed by law, if I am a
member of the Selected Reserve.