Irr not UCMJ?

[ragnar5218]

What is the name of your state (only U.S. law)? CA
I am in the IRR recently i recieved orders. I am not in a position to follow those orders to mobilize. I have found a lot of conflicting information on the web. I want to know if the following is true or not: members of the IRR do not fall under the Uniform Code of Military Justice (UCMJ) until they report to the evaluation for activation. After being discharged from the military, veterans are bound only by civilian laws, and there exists no civilian mandate that states they must report for their evaluation. This means that the military has no formal judiciary measure for bringing criminal charges against an individual that ignores orders and fails to report.
thanks

[j991]

It is true that you will not face criminal charges for failing to report on IRR mobilizaiton orders. The military understands that most IRR fail to report when called upon and over issue mobilzation orders. For example, if they want 1000 for the unit, they will send out mobilization orders for 5000. Most, like you, who have forgotten what the service is about, never show up. Others who do will be disqualified for medical, family, or other excusable act. Depending on how backed up paperwork gets, you won't find a court martial waiting for you, although in my opinion that is what you deserve, but you will typically not recieve an honorable discharge. While it does happen that some do, it shouldn't. All of the members who fail to report will have their names sent to IRR command as failing to report. Then a red flag is placed on your file where you will be issued an general discharge under honorable conditions. You will find that you will not be eligible for many veterans services, etc. That is how it is suppose to work, although some do slip through if they are processed for discharge before the paperwork catches up. Understand that you are not "discharged" from the service until the end of your IRR. You are just released from active duty.

[ragnar5218]

Appreciate the advice, has helped me to make a decision not to pursue legal help.
There are many reasons I cannot report, one being that I live in Australia and have only received an email in Jan advising me to report in 2 weeks, fair enough the email was sent in November but not to my current account. No orders have been sent to me at my current address nor has anyone tried to contact me by phone. My wife would want to go back to the states with me and 2 weeks is not long enough to process a green card etc.
I’m less than 60 days out of my 8 years, I would go back if I were given adequate time to be retrained and reach the level of fitness I had when I was active, I consider myself months away from that level and from what i understand I will be given one month to refresh. I can't even run 5 kms let alone over sand dunes carrying my pack and weapon.
I do not feel i deserve a court marshal especially when the The IRR is an inactive group of service members who still have time remaining on their signing agreements and are eligible to call up in states of emergency. The current state of emergency is the open-ended Global War on Terror that includes the occupation of both Iraq and Afghanistan. Another reason is I left E5 I would be back E1 and ineligible for promotion....no thanks.