Individual Ready Reserves, Be Prepared

All individuals who enter military service incur a military service obligation (MSO) of eight (8) total years from the date of enlistment, appointment, or when authorized by law, induction into one of the Services. Any portion of those eight years that is not on active duty or active duty for training shall be performed in a Reserve component as defined in 10 USC (Sections 10101, 10142, and 10143).

Military Obligated Service

The date on which you complete your 8 years of military obligated service is listed on the DD 214, Block 6. You are eligible for recall by the military services if you have not completed your eight years of MSO. Additionally, if the ‘Mailing Address After Separation’ in block 19a, listed on the DD214 is incorrect, the mobilization orders may be delayed in getting to you, thus narrowing your response time to request a delay or exemption.

Deadline to Request Delay

The Services require you to respond quickly when they issue you a set of orders. Usually you only have 4 – 8 weeks before you report for duty. They need your request for a delay or an exemption within 14 days of the date of the orders. This allows them to amend your orders and issue orders to another individual to replace you on the mobilization.

Requests Due to Hardship

The process is not difficult but does require adherence to the process steps and requirements. Present the facts with supporting documentation that verifies your statements. Reasons for delays or exemptions from the mobilization orders include extreme personal hardship, extreme community hardship, medical disqualification, and administrative reasons. These categories seem broad, but allow for individual ready reserve members to present their facts and concerns for the Service to delay or complete exempt from duty.

Be Prepared, Know What Your DD214 Says

Know where your DD 214 is and keep a copy. Know your individual ready reserve date when you are no longer subject to recall (usually 8 years after your initial entry into the military). Keep your current address, phone number and Email updated with your former Service so any mobilization orders are delivered to you without delay. This maximizes the amount of time available to you to request a delay or exemption from duty. A checklist of the IRR delay and exemption process is located on the Law Firm of Puckett & Faraj, PC website: Common Questions, IRR Delay and Exemptions

The Office of the Judge Advocate General of the Air Force published their Air Force wide courts-martial schedule on line this last month. This approximately three month schedule shows the location, name, rank, and charges scheduled for courts-martial.

Transparency in Federal Law

The Air Force is leading the services in providing this information to the public. Military law, as outlined in 10 USC, is federal law, practiced globally by the military. Federal courts are open to the public showing transparency in the execution of federal law. The military justice system is no exception to this and has always had open courts. The issue has been centralizing the information so the members of the press and public could attend. Now the Air Force has remedied that by publishing their schedule beginning with September 2009.

Centralization of Military Court Case Schedules

It’s not a right of the accused, nor has DoD prohibited public attendance in military courts-martial in the past. The information can be found through public affairs of all the Services, but usually, only the local authorities at an installation are aware of their individual court cases. This step by the Air Force adds easy to find information and improves transparency to a process organized within military regions and fleets.

Promotes Understanding of Military Justice

Publishing the courts-martial schedule in advance, promotes a better understanding of the military justice system so the press and public can follow a specific case via the local installation or community press or attend in person.

Public Access Exceptions

The military courts have always been open to the press and public. The exception would be where a military judge excludes a portion of or specific testimony in the hearing where classified information is being discussed or for a specific reason such as protection of a vulnerable witness.