Military Law

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Recall to Active Duty

Do you wonder what recall to active duty is or how involuntary recall to active duty works? Recall to active duty is when a US soldier, who is no longer serving in the military and is leading a life of a civilian is recalled to serve the military again. A soldier sometimes has the right to refuse this military recall as well. However, there are certain procedures to be followed for the same. Similarly, there are other rules and laws that revolve around a military recall. Experts can give information about these laws that an individual may require about recall to active duty. Ask Experts for information about joining the military, delayed entry program and other military law related topics. See the answers give by the Experts to some of the commonly asked questions below.

Can an Individual who has been recalled to Active Duty and has a heavy Loan, get the Interest Reduced as per the Serviceman’s Relief Act?

If the individual obtained the loan after military recall, the interest rate may not be reduced as the reduction only works for any loan that was incurred prior to being recalled as per the Serviceman’s Relief Act. In certain cases, where the reduction in interest may be obtained, it will only be for a period of time when the individual is on active duty and not for the entire loan period. Once the active duty is over, the interest rate will get back to the original. Also, the individual will have to show that the military recall has affected his/her ability to repay the loan in order to get a reduction in the interest rate.

Can a Medically Retired Individual be Recalled to Active Duty?

It is possible to recall a retired person for active duty. When an individual retires, he/she is on a retainer and hence can be called back on duty. However, if the person is injured or had retired due to a medical condition, he/she may not be recalled.

If an Individual who has been recalled to Active Duty in the Army has been overpaid by his/her Company; can he/she refuse to repay the Overpayment Money?

In most situations, an individual’s employer is not obligated to pay him/her anything when he/she is recalled to duty. Hence, if there is an overpayment, the individual will have to return it to the employer. The individual may argue in a court for right to repay the money over a period of time as the mistake was the employer’s, but there is no way for the individual to escape repayment.

Can an Individual who has been Recalled to Active Duty, Refuse to Go?

The military contract is signed by a soldier normally for 8 years. Out of these, in most cases, 4 years are active duty. However, the military may sometimes recall the soldier. In such situations, the soldier has the right to give reasons as to why he/she should not be recalled. The reasons given by the soldiers should be compelling and should convince the forces that he/she cannot join duty again. In some cases, injuries or the situation of the family may be helpful in refusing a recall.

Can an Individual, who has been recalled to Active Duty be forced to clear Security Clearance?

An individual who has been recalled to active duty cannot refuse security clearance by the coast guard. The coast guard can force him/her to fill out the SF 86 forms.

Military law often can be confusing. If you are facing a military recall, or have questions regarding being recalled to active duty from retirement you can an Expert for more answers on Military Law.
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