Well, I think this puts to rest all those nasty draft rumors. THERE WILL BE A DRAFT. What is happening here, is wrong. One minute the administration and military claim that recruitment and retention are 110% over and then you hear stories like this and stories of how they keep people over there after their time is up.
I hate to disagree with some who profess more knowledge, however, once you serve your time, you have served your time. The enlistment papers you sign when joining the military are a legal binding contract same as any other. Officers contracts are basically the same.
(This will not help the officer suing, unless the contracts have changed dramtically.)
When you enlist you sign a contract that states how long you are in for active duty, reserve, and what is called inactive reserve.
Now, it sounds like the officer fulfilled his active, went reserve and fufilled that, and resigned his commission. His right. However if he was under the basic contract that was around in the late 80's and early 90's then he has what is called inactive reserve duty.
What inactive reserve duty is, and believe it or not in 1988, when I went in as Navy Nuke (so it maybe different contracts, cause Nukes are a very prestigious and the Navy wants to keep you in as long as possible), and we were at peace, the recruiter went to great lengths to explain this to me.
What happens is you serve your time. Then during 8 years (for me it was 8 years) if we go to war they can activate you at anytime. However, the longer you are in active/reserve the less that 8 years becomes, (of course).
What those above are saying, that the military owns that man for the rest of his life is not entirely accurate. I am quite sure the inactive reserve clause is still used. I am just surprised a lawyer took this case, and that the military doesn't point to that clause.
On the other hand, perhaps the clause no longer exists, or the military doesn't want to advertise it because it will scare people.
Having done my time, having signed those papers, all I can advise anyone thinking about taking the plunge is this, read the contract thoroughly, ask the recruiter any and all questions you may have regarding what you are signing, but most of all go in there knowing that the contracts are going to be very one sided, favoring the military of course.
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I just love people who use the excuse "I use/do this because I LOVE the feeling/joy/happiness it brings me" and expect you to be ok with that as you watch them destroy their life blindly following. My response is, "I like to put forks in an eletrical socket, just LOVE that feeling, can't ever get enough of it, so will you let me put this copper fork in that electric socket?"
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