Legal Question in Military Law in Florida

Activation order: Causes an Officer - Enlisted marriage

My daughter has been out of military service for over three years and just received activation orders. She married an active duty officer after leaving the service a little over three years ago. (They now have children). Will this cause any issues with both being on active duty? Is this grounds for an exemption for activation? or is she available to deploy?


Asked on 12/04/05, 11:31 am

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Activation order: Causes an Officer - Enlisted marriage

There are many issues here - and unfortunately not enough facts to give you valid answers. Your daughter incurred an 8 year service obligation when she first enlisted so, the first question would be, how long was she on active duty. Also each service has slightly different rules for ordering people back to active duty - the Army has a special office set up - I've handled a number of those cases, contesting the re-activation, etc. She also has to pass a physical, and the other requalification issues. If she's legally within the parameters of being recalled, she can still contest that. But, again, it's a fairly complex process. Tell her to email me directly at [email protected] as I will need specific information that will be on the orders she received. Regards, Don Rehkopf

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Answered on 12/04/05, 6:57 pm


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