| Bill, Thanks for the references and attachment. None seem to apply to the hypothetical. Rules for IRR and reservists in general are N/A. We have retired officer whose involuntary recall eligibility by the USMC is important to a current expedited legal review by the Court of Appeals for the Armed Forces. I'm sorry if my email was unclear, but, yes, my intent was to have you delve into DoN/USMC/Title 10 rules and render a current, professional opinion ASAP. We may need it for reference within a week. Thanks, Neal Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. On Jan 17, 2011, at 11:36 AM, <william.pappas.ctr@jfcom.mil> wrote: Neal, The rules of engagement are ever-changing regarding involuntary recall practices and procedures, particularly under the new administration. I would not venture my opinion without doing some current Navy/Marine Corps R&A. Having said this, I just did a preliminary Internet websearch and am attaching a couple of PowerPoint briefings that contain recent guidance and references which may be of help in determining Involuntary Recall ROE. You may also want to link to: http://www.marines.mil/searchcenter/Pages/results.aspx?k=involuntary%20recall%20to%20active%20duty&s=All%20Marines%2Emil%20Content&start1=21 for additional points of reference/contact? If you want me to delve into DoN/USMC and Title 10 authority/regulations, please let me know and I will see what I can provide. Sincerely, Bill William Pappas, CTR, J9C258 Functional Analyst, Principal Enterprise and Business Management Group, Ste 91 USJFCOM J9 Joint Concepts Development and Experimentation (JCD&E) 115 Lakeview Parkway Suffolk, VA 23435 W: 757.203.3193 C: 757.282.9762 william.pappas.ctr@jfcom.mil "Determine never to be idle... It is wonderful how much may be done if we are always doing." --Thomas Jefferson ________________________________ From: Puckett Neal [mailto:neal@puckettfaraj.com] Sent: Fri 1/14/2011 10:49 AM To: Pappas, William CTR USJFCOM JFL Subject: Issue and question from PuckettFaraj Bill, Still no traction with our New Orleans attorney friend. Sorry about that. On a new subject, I have an issue on which it seems it would be better to have expert help than to attempt it myself. And we pay our bills on time. ;-) Perhaps my question is something that a Naval Personnel expert like yourself has already encountered and therefore know the answer without any additional research. Hypothetical: The Marine Corps seeks to recall to active duty, involuntarily, a Marine LtCol who retired in the Fall of 2008, in order to reassign him duties (he previously held up to his retirement date) as a detailed defense counsel for an enlisted Marine facing court-martial for various and sundry war crimes arising out his service as a squad leader in Iraq in late 2005. (Assume that although it's an involuntary recall, the retired officer would salute smartly and execute the orders) Does the DoN/USMC have that authority? Under what provisions of the Title 10 and DoN regulations? Any special conditions, limitations or circumstances required in invoke such authority? What is the process by which that would occur if authorized by law and regulation? What roadblocks, if any, would the USMC face in the process? Sincerely, Neal Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566 www.puckettfaraj.com <http://www.puckettfaraj.com/> The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. <K1 MOB LEGAL BRIEF(Oct 2010).ppt><H1 DDE (MAR 2010).ppt> |