| 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 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. |