Can a person refuse to be recalled for active duty?

Question

My friend had been servicing army for over 8 years before he resigned as an officer. Can he refuse to be recalled? Will he be put into jail?

Answer 1

He cannot. As an officer he has a life-long commission to the military and before he left he signed that agreement.

He will go to jail if he does so. Some people purposely break their leg, shoot themselves in the foot, etc. to avoid being recalled. However it's not honorable.

Answer 2

OK here is the crux of the problem which is unique to officers only.

Even though he resigned from Active duty with over 8 years of service, he probably didn't resign his commission.

Unlike enlisted where after you serve over 8 years of service you can't be recalled, Officers have 2 things to do, first is meet the same requirements as enlisted, Second and most important is to resign his commission. When an officer is commissioned, that commission has a term of 99 years.

So if he didn't resign his commission, he can be recalled. If he refuses he can go to jail.

Answer 3

Hey...he can refuse to do anything as long as he is willing to face the consequences...exactly like jail except it will be a federal prison.

AJ is right on target. As as commissioned officers we are always subject to recall to active duty. I have been out of the army for over 20 years but I could still be recalled to duty. And yes I would go.

Answer 4

Technically, he can't refuse. If the situation was dire, and he was commanded to serve, being that we are at war, he could be charged with treason and in a time of war, the sentence could be death. Obviously that is an extreme circumstance, and as of right now, there have been cases where people have refused to go to war for several reasons; against their religion, doesn't believe in an unjust war, etc. and they were not killed, or put into federal prison, but this is on the books that a person could be charged with treason if they refused to fulfill their patriotic duty and receive either jail time or....

Answer 5

Whether active duty or reserves,you can be recalled in the event of a national emergency. At this time,the United Stes is at war. If he refuses,he'll be lloking at a visit from the Military Police and a court martial.

Answer 6

When he signed the dotted line on his contract, he told the Army that they could call him back at anytime after his service was up. So yes without a doubt he could go to, not jail, but federal prison.

Answer 7

no longer effective how the military works it yet after I retired from the military in ninety 3 I were given a letter from DA informing me that i change into challenge to remember till the anniversary of my thirtieth 3 hundred and sixty 5 days of provider. on your case it will be because you've been a seal. I imagine that would want to be a speciality that isn't precisely modern-day in great abundance. reliable luck to ya, I had my thirtieth anniversary of enlistment 10 years 4 months and a million day in the past.

Answer 8

unless he resigned his commission( NOT the same thing as leaving Active Duty).. then he can be recalled at any time.

Answer 9

Read these articles. Some people have refused or ignored the recall and are not being prosecuted so far.

http://www.usatoday.com/news/nation/2005-10-03-reservists-nofight_x.htm

http://www.outsidethebeltway.com/archives/2005/10/army_not_punishing_awol_irr_members/

Your results may vary.

Answer 10

No they cant refuse to be recalled. What they can do is make a pass at another same sex officer and they will discharge they rather quickly.