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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 19776
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I was recently medically retired (Army 70% RE-4 on DD214)

Customer Question

I was recently medically retired (Army 70% RE-4 on DD214) and placed on TDRL in November of 2014. In March of 2015 I was charged with a first offense DWI and I was curious if this could affect anything legally if I am not yet on PDRL. I was under the impression that is could not affect me under UCMJ since I am inactive. My medical condition will not allow me to return, but they wanted to see me over the next five years to check if it has stabilized. Thanks for the help.
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. Members of the military who are on TDRL are still subject to the UCMJ in the sense that they can technically be recalled to active-duty and court-martialed for misconduct, just as fully retired military members can. However, that virtually never happens and it never happens for something like a DUI. Any cases that have occurred have involved either pre-retirement misconduct or National Security sort of issues. So, you would not have to be concerned with your DUI directly effecting your status.

Please feel free to ask for clarification.

Expert:  Marsha411JD replied 1 year ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 12th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying, or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.

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