When You're Done, You're Done

Reservist = 2-way street; Civilian = out of traffic

So, a few days back, I posted about a Reservist that was being activated and how he was surprised and didn't want to report. You can check it out here - Being A Reservist Is A Two-Way Street.

Well, I found this while surfing around the net - Kaua'i man sues over recall to active duty. Another guy trying to get out of being activated to serve in the Army. But there's a big difference here. and I totally support this man in his effort to fight being activated. Why? Well, this guy is a civilian. And has been for a long time.

It breaks down like this. He enlisted in 1987. He got out in 1991. He chose not to serve in the Reserves or National Guard, so for all intents and purposes he was out. According to standard Army contracts, after he finished his active duty, he was required to serve the remainder of 8 years in the Inactive Ready Reserve. This basically meant that he had the chance of being activated until some time in 1995 (the article reports 96, so maybe he had some delayed entry time at the end of 87 and didn't start his contract until 88), but he had no real requirements other than keep his address updated so that if the Army wanted to recall him, they'd be able to contact him.

What that all means is he's been free and clear of the Army for nearly 8 years now. He's a civilian. And yet, he received notification of the Army's desire to activate him. He's filed a suit to stop this and the Army has delayed his report date while they review the case.

My guess is he'll be let go with no incident once the Army admits this is an error. I mean, he is not under any contract or obligation here. Hopefully, for his sake (and that of his family), this will be resolved quickly.
4,386 views 26 replies
Reply #1 Top
Yep.... he should be done and have no other commitment to the army. I agree.
Reply #2 Top
I saw that article the other day. I hope you're right and they work it all out, but I doubt it will be worked out before he suffers great emotional and financial distress due to the hoops the Army will make him jump through.
Reply #3 Top
I saw this, and a similar one. You get the 5 years of IRR after the 8 on your contract is up.
The 8 years on contract applies only to active and reserve time (whether inactive or active) the IRR is always inactive and is what allows you to go back on active duty without going to boot camp again.
Of course it must be within the 5 years of some sort of active service, full-time or reserve. I was out <8 years but got to laugh my way through Army Boot.
Reply #4 Top
Yep.... he should be done and have no other commitment to the army. I agree.


I hear ya! Let's hope common sense prevails.

I hope you're right and they work it all out, but I doubt it will be worked out before he suffers great emotional and financial distress due to the hoops the Army will make him jump through.


I hope I'm right, too. And I hope it is quick. I didn't see anything in the article about how to help this man out, but if you see anything posted in the local papers, let me know or post about it. I'd be interested in helping him out, if I could. Hopefully, his lawyer took the case pro bono.
Reply #5 Top
I hear ya! Let's hope common sense prevails.


We are talking about the Army though....
Reply #6 Top

saw this, and a similar one. You get the 5 years of IRR after the 8 on your contract is up.


Only applies for the no-boot-camp thing. For recall purposes it is 8 years total and thats it. This is just bad record keeping.

Reply #7 Top
Only applies for the no-boot-camp thing. For recall purposes it is 8 years total and thats it. This is just bad record keeping


Pheeww! Geez had me nervous....
Reply #8 Top
We are talking about the Army though....


This is true. But the light of common sense does shine through at times like this. Sometimes it takes some time, though.

Only applies for the no-boot-camp thing. For recall purposes it is 8 years total and thats it.


That's what I thought, too.

Pheeww! Geez had me nervous....


Yeah, us too... SGT Ho...
Reply #9 Top
SGT Ho...


Not funny, not funny at all... you'd be amazed how much pot I could smoke in a matter of minutes!
Reply #10 Top
Not funny, not funny at all... you'd be amazed how much pot I could smoke in a matter of minutes!


BWAHAHAHAHAHAHA!!! So long as you claim in on your clearance paperwork... I'm sure they would hook you up...
Reply #11 Top
Screw the paperwork, it sounds like the perfect time for him to rob a bank/smoke crack rocks/discover his closet homosexuality.

Also, I knew met someone who'd been in a situation like this, and the poor dumb son of a bitch actually went........sigh.
Reply #12 Top
Screw the paperwork, it sounds like the perfect time for him to rob a bank/smoke crack rocks/discover his closet homosex


Well, his wife and (fairly) newborn daughter might not appreciate any of those things, but I see what you're saying.
Reply #13 Top
I believe, Kerry called this the back door draft.
Reply #14 Top
I believe, Kerry called this the back door draft.


I'll agree with calling it that if this guy should have to serve, but I think that will take some really crazy fluke for the Army to be able to force him in. As for the regular Reserves/Guardsmen and the IRR, it's still part of their contract and I think calling it a backdoor draft is just a selective name to make it sound worse than it really is.
Reply #15 Top
I believe, Kerry called this the back door draft.


Why, because if you had to serve, you'd be taking it in the rear?
Reply #16 Top
Taking it in the rear is the Army way!
Reply #17 Top
I thought taking it in the rear was the British Navy's Way....
Reply #18 Top
Why, because if you had to serve, you'd be taking it in the rear?

Taking it in the rear is the Army way!

I thought taking it in the rear was the British Navy's Way....


BWAHAHAHAHAHAHAHAHA!!!
Reply #19 Top
I thought the British Navy's way was the fine old tradition of anthropophagy.
Reply #20 Top
I thought the British Navy's way was the fine old tradition of anthropophagy.


In order to comment on your comment, I will first need to head over the merriam-webster.com...
Reply #21 Top
Cannibalism
Reply #22 Top
I thought the British Navy's way was the fine old tradition of anthropophagy.


In order to comment on your comment, I will first need to head over the merriam-webster.com...


Cannibalism


Got it! and ewwwww... and trueeeee....? HAHAHA! Makes me think of the old Monty Python bit where they were trying to decide whom to eat first...

"How long is it?"

"That's a personal question!"

BWAHAHAHAHAHAHAHA!!!
Reply #23 Top
Well, what do you expect? They reactivated a 67 year old retiree earlier this summer, who had been out for 7 years after giving 41 years of his life to the service. You can read what i had to say about it here...Link


The difference with Ham (and this got under reported) is that his call up was voluntary on his part. He signed an agreement when he retired that he'd be willing to be recalled if necessary. When he got his first call up, he asked that they pass him over and try to find younger candidates. When the Army called back a few months later and told him that he was still needed, he agreed to be called up. All the quotes attributed to him (from what google tells me) have shown his willingness to be called up and serve again. It's unfortunate that the military wants him to return, in that it shows a marked absence of what should be a very necessary field to keep stocked. But he could have turned down the call up if he really wanted to.

As far as the draft goes... well, I don't think that it's a good idea. We have quality Soldiers because they volunteer and we can weed them out as appropriate. You start forcing people in and you deal with both quality issues and motivational problems. Conscription seems to work in South Korea, though. That's two and a half years less of molotav cocktail throwing at US bases for each male... you add it up and that's like a million years or something...
Reply #24 Top
Screw the paperwork, it sounds like the perfect time for him to rob a bank/smoke crack rocks/discover his closet homosexuality.

Well, his wife and (fairly) newborn daughter might not appreciate any of those things, but I see what you're saying.


Can't tell that any thought has been given to these ideas already, huh?
Reply #25 Top
This is becoming more common as the war in Iraq continues. My friend Todd was a ranger for 8 years and just finished his inactive ready status, received a letter similar to this. He told them to get bent, through his lawyer. They finally relented and told him it was a "mistake".

I guess "mistake" is an alternate term for "backdoor draft".