If someone is out of the military discharged or whatever it is called can they be ordered back to war?

Question

And if they can, and it is legal, and they dont go what type of jail time would they be facing?

Answer 1

Complicated question....

When you say discharged...if you mean they served their initial 4 year (example) obligation and then were discharged from active duty 99% of soldier still have a 3 or 4 year reserve duty obligation. Mine was 3 years. If this is the case, yes they can be called back to active duty due to their reserve duty obligation.

Legal? Yes. Who ever you are speaking about should have....or should now read the contract they originally signed. It is all in there.

They don't want to go? As I understand it they will be considered as UA...Unauthorized Absence. Then after a certain time (perhaps 10 days...nor sure of the current time frame) they will be considered AWOL....Absent Without Leave. At this point they will start to look for the person at the last know address etc. Then on day 31 it gets very serious. At day 31 they can; an in my experience as a former army officer, and will be charged with Desertion. It is not automatic; it depends if the army feels the person has no intent to ever return. Minimum jail time now at Ft. Leavenworth, KS last time I checked is 5 years.

You can research it on the net. Just Google or use any search engine you like and enter
- UCMJ Article 85

OK.... if the person in question has received their actual dischage as in Honorable, General, Less than Honorable, Dishonorable or Medical and it is so noted on their DD214.... then they have completed the full service obligaton and only an act of Congress can get them back in....and even then...what are the odds.

From your question however it sounds like this isn't the case.

I use to counsel young soldier on being UA and AWOL and had to charge one with desertion...almost 30 years ago. If you or your friend have any particular questions or just want some feedback...hit my YID and my e-mail is available on my 360 site.

Also, I am sure other people will have more current information....I'd go with that vs. my historical data!

Answer 2

Everyone that joins the military, joins for 8 years. The number of active years is what most people are concerned with.

For example, I joined for 5 years. When I was discharched, I had to sign a paper saying they could call me back for the next 3 years. I am still technically in the military, called the Inactive Ready Reserves. I don't participate in any military activities an don't receive a paycheck.

If I was requested to come back to active duty and didn't, depending on my security clearance, I would be either AWOL or a deserter and face any of they applicable punishments. Punishments of AWOL isn't very severe, but being a deserter is much worse. The maximum penalty for that is death, but it hasn't been used in a long time.

In practice though, I don't think anything has been done to the 5000 some people that haven't shown back up for duty.

Answer 3

it depends how long ago were they discharged there is a time after a person leaves active duty when they are in the inactive reserves and they can be called up. I know when i signed my contract that i signed up for 8 years 6 years that i actually have to show up and 2 years when i don't have to show up unless they call me back. so yes it is legal for them to call someone back up. i don't know about jail time they should because they would be AWOL but so many are not showing up i think they are discharging them with an other then Honorable discharge,

Answer 4

Well, did you serve your full 8 years(in the USA) or did you do say 4 or 6. If the later is the case then Yes. You are part of the inactive reserve and until you finish the other years you are still US Military.

As for jail time: probably the # of years you have left on your contract

Thanks

Answer 5

Yes all military persons who are honorably discharged have 8 years commitment, minus however many you were on active duty. They can be called back up to that many years later.ie 4 years active, 4 years in-active reserve. I believe the jail time (if convicted) would be for the remainder of service time or war time.

Answer 6

funny you ask. I spoke to a marine today who finished his active duty service last December, but has 4 years of inactive reserves. He can be called back at any time, that's the agreement he signed up for. Mine was only 4 yrs. active with 2 yrs inactive. I could have been called back too. But that was the agreement I made. yes it is very legal. Now if there is a National emergency and a draft in re-instituted we are all pretty much at the beckon call. Yes it is legal and quite frankly I would be honored to serve.

Answer 7

I can only speak for the Army. I was in for 4 years and then I had to serve a total of 4 more years in the IRR Individual Ready Reserve. So that makes a total of 8 years. During your time in the IRR you can be called back, but it is highly unlikely. I actually got a letter after I had been out of the Army for 6 months asking me if I wanted to come back in on active duty and do a year in Bosnia. At the time my son was 2 months old, so I declined. Nothing ever happened to me. It was more of a voluntary thing.

Answer 8

Yes. Its called stop loss and when you enlist you sign a waiver saying that they can call you back if needed. Anyone who tries to run to Canada, Mexico or anywhere else instead of go back and serve is subject to 25 years in prison. Military prison, not hanging out watching cable tv prison. It use to be that the services performing the recall wouldnt hunt you down, ie Vietnam draft dodgers, but thats not the case anymore. People are being found and prosecuted.

Answer 9

Yes, they can be ordered back to service. In Vietnam, the American government decided to reactivate old battleships because of the tremendous fire power they could produce. Once this decision was made they realized they didn't have able-bodied, knowledgeable seamen to operate these vessels.

The call went out for WWII and Korean war vets who were familiar with the battleships to re-enter the service. They were able to get Navy vets back to operate these ships for the purpose intended.

A while back, the Pentagon had announced it's intention of calling back inactive reservists who were no longer in uniform and had been separated from active duty but still in the inactive reserves.

So you can see that it is possible to be re-activated. The punishment for not responding or reporting for active duty, could possibly be jail time.

Answer 10

Their military status can be reinstated.Yes in times of war it is legal. The jail time will be left up to the military courts.