Irr

[thisiskillingme]

What is the name of your state (only U.S. law)? California
I spent 3 yrs active duty in the Army. Have been on IRR for 11 months. I've been getting calls from the Army and the Army has been sending recruiters to my house to "discuss my options with me". I've been avoiding the calls and haven't been home when they come by. I got an order to muster about 4 months ago and never went. I'm wondering if I can get in trouble legally? And if I decide to start talking to them, what are they likely to do(UCMJ wise)? Any help would be greatly appreciated.

 

[OHRoadwarrior]

Looks like you get a dishonorable discharge. I think you screwed the pooch. According to this, all you needed to do was show up, shine your shoes and polish your teeth. After signing a happy camper letter, you would have been released.

Individual Ready Reserve - Wikipedia, the free encyclopedia

As of 2005, the military also began to enact "IRR Musters" which were once a year occurrences where an IRR member would be required to report to a military base, confirm their personal and contact information, and sign acknowledgment paperwork that they were members of the IRR.

The military has encountered isolated incidents of IRR members who "disappear" and cannot be located or IRR members who refuse to mobilize, stating they were advised that they were "out of the military". This normally has little impact on benefits obtained following release from active duty, but can lead to a less-than-honorable discharge from the reserves.

 

[thisiskillingme]

I already have a honorable discharge from my active duty time. Will they change it to dishonorable or how does that work?

 

[OHRoadwarrior]

I already have a honorable discharge from my active duty time. Will they change it to dishonorable or how does that work?

I am not an expert, however from the link, it appears you will get a dishonorable discharge from the reserves.

 

[thisiskillingme]

What will happen if I go and talk to career counselors that keep calling and coming to the house? What kind of action can they take since I'm a civilian now? They can't really take rank for punishment so what can they do? Thanks for your help.

 

[OHRoadwarrior]

What will happen if I go and talk to career counselors that keep calling and coming to the house? What kind of action can they take since I'm a civilian now? They can't really take rank for punishment so what can they do? Thanks for your help.

IMO, that is the most logical course of action. From the link I posted,

Delay, Deferment and Exemption (DD&E) are the methods by which a service member may be relieved of immediate activation.

Delay - When a service member cannot be activated immediately (for example, they are getting married soon), but they are for all other reasons qualified, and can be called up later for activation. Usually the delay will last up to 4–6 months depending on the needs of the activation.
Deferment - The service member cannot serve immediately for a fixed amount of time (for example, the service member is in school and will graduate within a year), but can be called up later when the situation changes.
Exemption - The service member has an immutable characteristic which will never qualify them for activation (for example, the service member is an ordained religious member).

It appears they are trying to determine if you fall into one of these areas, prior to taking further action. Remember, you served honorably already. It is not their goal to intentionally change that status. I do not know your circumstances. I believe you have a fear of death or PTSD possibly. I can only suggest you take stock of your personal situation regarding physical, mental and social issues, then sit down and discuss this with them.

 

[Zigner]

To be clear - "Less than honorable" is not the same as "dishonorable"

 

[umkemesic]

I already have a honorable discharge from my active duty time. Will they change it to dishonorable or how does that work?

Hello,

I specialize in military law and am a former soldier.

I had a friend who was in the Army and did three years AD and then transfered into the Reserves, he did not report. Nothing happened to him.

A Dishonorable and Bad-Conduct can only be given thru a Courts-Martial. The Army does not usually persue these cases, but you never know.

If they ADSEP you it will be either General or Other than honorable. But since you already completed your AD service, you already have an honorable discharge and still would recieve bennies, even if you subsequent discharge was not so honorable.

If it were me I would do the time and muster, better be safe than sorry. Your 1stSgt may be able to help you, or he could be a jerk.

 

[LillianX]

Hello,

I specialize in military law and am a former soldier.

I had a friend who was in the Army and did three years AD and then transfered into the Reserves, he did not report. Nothing happened to him.

A Dishonorable and Bad-Conduct can only be given thru a Courts-Martial. The Army does not usually persue these cases, but you never know.

If they ADSEP you it will be either General or Other than honorable. But since you already completed your AD service, you already have an honorable discharge and still would recieve bennies, even if you subsequent discharge was not so honorable.

If it were me I would do the time and muster, better be safe than sorry. Your 1stSgt may be able to help you, or he could be a jerk.

Please don't pay a lick of attention to this guy. See here: https://forum.freeadvice.com/civil-litigation-46/42-1983-a-564207.html

 

[umkemesic]

Please don't pay a lick of attention to this guy. See here: https://forum.freeadvice.com/civil-litigation-46/42-1983-a-564207.html

Um, sweetie, you only show how ignorant you are troll.

Don't listen to me because I had a federal question about civil litigation, which by the way, I got two different answers. Some help you were.

And sweetie, if you want to play war games with me, that's fine, I'll be your Huckleberry.

You still have not answered what law would prohibit me from emailing anyone. Instead you posted the Obscene Communication act - which only applies to Obscene or threatening communications.

Got your J.D. from a cracker-jack box I see. You would have a future as a County Judge, in the South, before the Civil War.

So ad hom. What in the above is incorrect? That only a courts-martial can give a BCD or DD? That he should work things out with his command?

Please, tell me. I want your limited UCMJ experience.

Maybe he should hire you as counsel, it would set-up a good IAC claim.