Legal Question in Military Law in Florida

Re: enlistment contract for florida natonal guard

Without reviewing the document signed it is difficult to advise you. I suggest you speak the legal counsel at the nearest military installation to you to review the document and advise you. It is called the Judge Advocate. I suspect that there may be an ability to extend the time for just reasons. If I can be of any assistence please let me know. Gerald M. Hershenson Esq. 215-579-9390

Re: enlistment contract for florida natonal guard

What you�ve described sounds not only lawful but typical. Usually when someone completes an enlistment in the National Guard, they may be discharged, but are still listed on the rolls of the military in the �ready reserve� pool for a few years. The �ready reserve� includes members of the �individual ready reserve� and the �inactive national guard� who have been discharged and aren�t assigned to any formal unit any longer.

Under 10 U.S.C. Section 12302, the President may order up to one million ready reservists to active duty involuntarily for up to 24 months upon the President�s declaration of a national emergency. However, if Congress declares a state of war or national emergency, then the President may order all ready reservists to active duty involuntarily for the duration of the war or emergency plus six months under 10 U.S.C. Section 12301(a).

A member called to active duty under this law may be required to serve on active duty until total active duty equals 24 months, and original enlistment or other obligated period of service may be extended until he or she has served the required time (10 U.S.C. Section 12303).

So far, President Bush has issued an Executive Order calling for a �partial mobilization.� This means that only some as opposed to all of the ready reserve pool will be activated. Your son was called up probably because he has some skill that was needed for our military operations in Iraq. Although he was out of the Florida National Guard when he was called up, he could be required to involuntarily serve up to the full 24 months before he is released.