Dates To Remember:
Unfortunately, the Army is correct in that you must resign your commission or be eligible for recall. They just "forgot" to mention that to departing officers. The USAFR and ANG tell you this, at least that was my experience.
PLEASE - post something on your web sites and spread the word far and wide - officers must retire or resign their commission to avoid this recall. Of course, W may still find a way to grab retirees. That is highly unlikely, since most of us would not pass the physical. But keep an eye on this!
RETIRED Major Deb
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Thu Jul 8, 9:06 PM ET
By TIM WHITMIRE, Associated Press Writer
CHARLOTTE, N.C. - A former Army reservist who returned to civilian life in
December - only to be recalled five months later - filed a lawsuit Thursday to
avoid duty in Iraq (news - web sites).
Todd Parrish, 30, served four years of active duty and another four years in
the reserves, a commitment he believed expired Dec. 19. The Army maintains he
will be in a voluntary reserve status until he's 50.
The Army says Parrish never formally resigned his commission as a lieutenant,
making him eligible for involuntary recall to duty. He received a letter May
10 to report for duty at Fort Sill, Okla., and is due Aug. 10.
Parrish says he did not know he had to resign. Believing he was free, he
married, bought a house and began preparing for a career as a civil engineer.
"It was a life-altering experience when I read the orders to report to active
duty," Parrish said in a recent interview. "I felt like I was being drafted
without a draft being instituted."
The complaint filed in federal court in Raleigh contends Parrish was never
informed in any enlistment contract or other document "of any requirement or
need to 'resign' his Army Reserve commission in order to terminate his status
with the U.S. Army Reserves."
A call seeking comment from the Army was not immediately returned.
The Army has previously said while enlisted soldiers' service automatically
ends after eight years, an officer is subject to recall indefinitely unless he
resigns his commission.
Parrish's attorney, Mark Waple, said the papers his client signed in 1992,
when he accepted an ROTC scholarship, made no mention of a resignation
"What is clear is, it's an eight-year service obligation," Waple said in a
telephone interview. "What is not clear is, what someone has to do to end this
Waple said when Parrish contacted the Human Resources Command about being
recalled to duty, he was told "because he didn't resign his reserve status, they
put him in a voluntary reserve status until the year 2024."
The Defense Department has been taking numerous steps to keep enlistment up
during the Iraq conflict, included issuing a "stop-loss" order that prevents
soldiers from leaving the military when their obligations end and multiple
deployments of guard and reserve units.