For those of you who have served in the military, a quick question. Is there any way for the military to call you back into "active duty" once you have completed all your obligations and been "discharged" (i.e. received a DD-214)? I don't mean if you are still in the "reserves" at all. I mean totally finished and discharged.

 

I'm watching an old NCIS episode, where Sp. agent Todd attempted to trick a former Navy person (done for 8 years) into cooperating with an investigation by claiming she could have the former navy person "recalled to active duty as a material witness."   

 

Is that even possible????

 

 

 

I know it used to be the case that any enlistment was 8 yrs, including and inactive reserve component (no orders, duties, no nothing) for the balance of those 8 years if your enlistment was shorter than that. So if you signed up for 4 years, you were on a roster for another 4 but never heard from the military unless there was an emergency. Don't know what it is now.

Typical Enlisted contracts are 4 years Active Duty with an additional 4 years Individual Ready Reserve, or combinations equaling 8 total years.  My initial Active contract was 6 years with 2 in the IRR.  In that 2 years after receiving my 214 I could have been recalled back to active service by Presidential Order.  When you're in the IRR you don't draw pay/allowances.  However, you ARE supposed to stay in shape, maintain your seabag (uniforms) and notify your service component of any address changes.  Does that actually happen...absolutely NOT.  The only time , post draft, would have been when we brought corporate knowledge back to operate battleships for the Gulf War.  If memory serves, all of those veterans who came back to revive the battleships volunteered.  Once you pass the 8 year mark, you're off the hook. 

I was assigned to the NIS uniformed division (NCIS was made up for TV, like FDOC for Orange is the New Black). That threat could be used but, AFAIK, it couldn't actually happen...although, you could be brought up on federal Obstruction of Justice charges and handled by FBOP. Trust me, you'd rather go to the brig than to a federal penitentiary.

 

 

This signature is AWESOME!!!

If you're enlisted they can't call you back once you fulfilled your contract. An officer can be called back until he or she dies.

I was assigned to the NIS uniformed division (NCIS was made up for TV, like FDOC for Orange is the New Black). That threat could be used but, AFAIK, it couldn't actually happen...although, you could be brought up on federal Obstruction of Justice charges and handled by FBOP. Trust me, you'd rather go to the brig than to a federal penitentiary. This signature is AWESOME!!!

NCIS is very real. Check their website.

Evidently, the name was changed after Tailhook. That happened shortly after I got out. I didn't realize they had added the word Criminal to the name.

Evidently, the name was changed after Tailhook. That happened shortly after I got out. I didn't realize they had added the word Criminal to the name.

 

August, 1992, it became NCIS, and it changed to "all civilian" management, in an effort to model itself after other peer federal civilian agencies (FBI, etc.).

I got out in May of 92

Nope. Im done and have been done since desert storm era. So dont bug me unless your from the va. Unless your an officer

Evidently, the name was changed after Tailhook. That happened shortly after I got out. I didn't realize they had added the word Criminal to the name.

You are correct. I dealt with NIS & NCIS back in the 80s and 90s.

After 4 years active and 4 years inactive they can never call you back!

 

USN 97-01 EM3(SW)

I know it used to be the case that any enlistment was 8 yrs, including and inactive reserve component (no orders, duties, no nothing) for the balance of those 8 years if your enlistment was shorter than that. So if you signed up for 4 years, you were on a roster for another 4 but never heard from the military unless there was an emergency. Don't know what it is now.

 

This is still the case. Any new enlistment contract is for 8 years, always. Subtract the active portion of your contract from 8, and that's how long you'll be IRR and eligible for recall. To answer the original question....I do believe it this scenario is plausible, but would be extremely unusual in real life...which doesn't always play out like it does on TV. Generally speaking, a prosecution/defense lawyer shouldn't be too keen on forcing people to testify. Are there procedures in place for them to do it? Yes. But do you really want to risk your case on some guy you had to recall to active duty to show up? A real person won't a give shit about being "under oath," they'd be fucking pissed at whichever attorney was responsible for their recall. Threatening people is really all they can do, if the guy calls their bluff the attorney realistically just has to move on.

To answer the original question....I do believe this scenario is plausible, but would be extremely unusual in real life...which doesn't always play out like it does on TV. Generally speaking, a prosecution/defense lawyer shouldn't be too keen on forcing people to testify. Are there procedures in place for them to do it? Yes. But do you really want to risk your case on some guy you had to recall to active duty to show up? A real person won't a give shit about being "under oath," they'd be fucking pissed at whichever attorney was responsible for their recall. Threatening people is really all they can do, if the guy calls their bluff the attorney realistically just has to move on.

 

Understood... Thanks... .   In the TV scenario I brought up, it wasn't the attys, but law enforcement (NCIS). And in that scenario, the POI was the prime suspect in the crime. They knew they couldn't "arrest" her or force her to "go downtown..." given the evidence they had. She had to be "persuaded" to "come downtown" where they'd try to get her to "confess."   The standard negotiation techniques were not working... NCIS tried to convince her that one of her other associates was the suspect, and they needed her to "verify some things..." She refused to come to HQ to "cooperate with the investigation."  So the Sp.Agent used the threat of recalling her to active duty in an attempt to get her to "come in" voluntarily. 

 

The problem being, it seemed like it had been far more than eight years. She was discharged at the rank of PO2. So, I'd figure at least 3-4 years active, and the rest IRR.

 

One last question... if you decide to "re-enlist," does the 8 year clock reset to another 8 years at whatever combination of "active vs. IRR?" 

Re enlistment does not include IRR time as long as you are over 8 years. Less than 8 years, then yes.

 

I enlisted in 2007, so I am property of Uncle Sam until 2015. In Sept I am eligible for re-enlistment, let's say I re-up for 4 years. Once 2015 passes all those years will be "active reserve" for me since I am a reservist. IRR will not exist.

 

As for being called up after those 8 years have lapsed... no, not in uniform, but you can still be tried as a civilian if the statute of limitations does not apply.

 

Let's say you are in the IRR (<8 years service) you can be called up for anything. Guys in my unit have been called into the active reserve who have left active duty years ago and never were in the reserve before. There goes your weekends...

Re enlistment does not include IRR time as long as you are over 8 years. Less than 8 years, then yes.

Ah, thanks. My sister is NJARNG, but is due to retire in Jan. 2015. But I'm not sure it's the same thing. She is an O-6. She had to wait 3 years after the O-6 to get full benefits upon retirement. Well deserved though. She was called to active duty in 2004 and served 1 year at (then) FOB Speicher, near Tikrit. 

 

As for being called up after those 8 years have lapsed... no, not in uniform, but you can still be tried as a civilian if the statute of limitations does not apply.

 

In the case of this TV episode, the POI was, ultimately, accused of Grand Theft of over $1M in pay/disbursement cash (while on active duty), along with framing the disbursement officer for that crime, and being involved in his subsequent murder. She was further accused of murdering a 3rd party involved in the previous two crimes (either she or that 3rd party murdered the disbursing officer), but that crime (murder of the 3rd party) occurred in Mexico, and after both parties had been discharged. NCIS initially investigated and suspected the disbursing officer of the theft (posthumously). In the end, the investigation resulted in his name being cleared and survivor benefits restored to his daughter (the widow had since remarried).

 

The NCIS episode is called "The Curse" from Season 1... Here are some clips from it, including where they expose the POI as the suspect, after they "persuade" her to "come downtown" for questioning. 

 

 

 

 

Its simple Once youre done your irr time. Youre a free man. Or lady. As is very common now. Cant touch you with a ten foot pole. I dont think it has ever been challenged. Once again. Unless youre an officer. Then your ass is theirs for as long as they think you are usefull. I feel bad for all you guys that had to serve under obama. Your commander and chief crackpot. I didnt reup when clinton was elected He was nothing better than a good used car salesman. Not that any of them were good But i liked bush sr. Alot better. Bless us all that are still alive to read this.