Legal Question in Military Law in Georgia

Re-commission

I am a Marine captain in the IRR. I left training during flight school (after 9/11, hoping to go to an infantry/SOF unit). Didn't happen, I left and received an honorable discharge. I would like to re-enter the military as an officer w/the same goal (infantry/SOF, any service). If I enlist, can I be re-commissioned if I have resigned my original commission? What are the applicable regs, if any? Thank you.


Asked on 1/14/06, 4:06 pm

1 Answer from Attorneys

Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Re-commission

If you were Honorably discharged and are an IRR Captain, you cannot legally enlist, and I'm not sure why you would want to. If you want to be recalled to active duty as a Captain, you should apply for that and ask for an Infantry billet. You should know that Congress just recently approved increasing the size of the USMC by about 4000 people, so you should try coming back on active duty in the USMC first. If you resign your commission, while technically it is possible to get recommissioned, it rarely if ever happens. I would never counsel you to risk that. Your other option is to seek an inter-service transfer, e.g., from the USMC to the Army. [The AF has too many Company Grade officers and is in the midst of a cut-back]. The Army is HURTING for Captains in certain career fields. If you don't want to be recalled in the USMC [which is probably your best bet in any event], talk to an Army recruiter. BUT, not just any recruiter and beware that they will lie to you. You want to speak to the OFFICER recruiter, and in most cases that's going to be an officer. All recruiters will tell you that they can recruit officers, but that's just another lie. Also, if ANYONE tells you that you have to go to Basic again and then apply for a commission, that too is another of the BIG LIES. You don't! As long as your are a member of the IRR, you are "commissioned" and can ask to be activated or to transfer your commission. Good luck to you.

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Answered on 1/14/06, 4:20 pm


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