Legal Question in Military Law in Maryland

return to active duty from retiree

I have searched but found no known policy governing the re-appointment of a warrant officer to return to active duty. I have served for 21 years and retired in Dec 2004. I am currently back on active duty as a retiree recall but desire to return to full active duty. I never received RA status but served my entire time in under apointment USAR. I am 42 years of age and seek any help I may get in regards to this question. I have taken this to DA with the answer of their is no policy, however, I feel their must be a loop hole in regards to the USAR vs RA status i.e., AR 601-23 Ch 2-6. Please I need some help my heart is that of a soldier and desperately need some assistance with this matter. I am being told that if I accomplish this it will be the first time in Army history that any such thing as this will have been accomplished.

Asked on 3/18/08, 6:36 am

1 Answer from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: return to active duty from retiree

There are always exceptions to every rule. You need to speak to an active duty JAG attorney who is knowlegeable in this area. A civilian attorney will have little or no effect in this area. My thinking is that a formal petition needs to be made in this regard and, if denied, proceed through the appellate process and eventually into the U.S. Court System. It sounds challenging, however, it will take a lot of attorney time to accomplish this objective.

Good luck!

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Answered on 3/18/08, 7:35 am

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