Legal Question in Military Law in California

Reserve Officer Program

I am awaiting news pertaining to a Selected Reserve Officer Program in the US Coast Guard Reserve. I found the contract and it states: ''Upon Completion of Officer Candidate School, candidate agrees to accept an appointment and serve on active duty as a Reserve Officer for a period of 3 consecutive years...Upon completion of active duty the candidate will be place in the Ready Reserve for a period which, when added to candidate's active duty, will total ___ years.''

What is this implying? What is active duty in this case when it is a reserve program? What is the three years of active duty compared to the rest in the Ready Reserve? I think you will get my train of thought. Also, if I am able to pass what is needed to become a foreign officer in the State Department during my term as a Reserve Officer (test given once a year then an oral assessment) will the Coast Guard allow me to go? Is it possible to put an addedum to the contract specifying if I get a post with the State Department, I can leave? Thanks.


Asked on 5/19/06, 3:28 pm

2 Answers from Attorneys
John K. Harris Attorney at Law

Re: Reserve Officer Program

Have a lawyer knowledgeable in military contracts interpret the contract before you sign it.

Contact me if you need assistance.

Read more
Answered on 5/20/06, 2:11 pm
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Reserve Officer Program

You need to be very careful with the military Terminology. There are 2 types of commissions for Officers [warrant officers are a different case] - "Regular" and "Reserve." Your type of commission has nothing to do with being on "active duty" - Reserve Officers make up a good percentage of officers on active duty. [The converse however is not true - a Regular Officer cannot be a member of the Reserves]. All of this is controlled by federal law.

Now, assuming that the contract you have is indeed the correct one [and it is a "standard" one used], you agree that 1) you go to OCS; 2) Upon Graduation you are commissioned; 3) you then do 3 years on active duty (and hope that they will release you from active duty - currently they do NOT in many cases) and then get transferred to a "Ready Reserve" unit - meaning a traditional Reserve Unit where you train once a month and 2 weeks a year. By law, you have an 8 year "Military Service Obligation," [MSO], so, e.g., if you did 3 years of active duty, they would probably make you do an additional 3 years in the Ready Reserve and the remaining 2 as an inactive Reservist - BUT, you need to know it is all at their convenience. They could keep you on active duty for 8 years, under the current administration's policies [which are being litigated].

The odds of them allowing you to resign to take a State Department post, are slim to none during the 3 years of active duty, especially now. After you are off active duty, then you can apply for any job in the U.S. Government.

Lastly, while it may seem logical to put an addendum to a contract, you either take the government's "contract" here "as is" or not. Lastly, do not believe anything that a Recruiter might tell you about this. Take the contract that they offer you and have a lawyer qualified in MILITARY LAW look at it and tell you what you are getting yourself into, BEFORE YOU SIGN IT. You cannot unilaterally revoke it, except under very limited circumstances that you don't want to gamble with.

Good luck and please contact me if I can be of any further assistance.

Don Rehkopf

[email protected]

Read more
Answered on 5/19/06, 7:21 pm


Related Questions & Answers

More Military Law questions and answers in California