Legal Question in Military Law in Illinois

how to check what the recruiter tells you

I am thinking about joining the Army Reserves as a registered nurse. My recruiter told me that this would require one weekend per month and two weeks a year, with a 6-year committment if I choose to receive a sign-on bonus and loan repayment. She also told me that there is a provision that states that health care professionals in the reserves cannot be called up for active duty and deployed for longer than 90 days. However, I have heard that this only applies to physicians and dentists, but not nurses. I also am getting varying information about how long a nurse in the reserves can be put on active duty in the United States (sent to another state to relieve those being deployed) I was wondering if you knew what the regulations are, and how to go about ''double checking'' what the recruiter tells you?


Asked on 10/14/04, 5:24 pm

3 Answers from Attorneys

Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: how to check what the recruiter tells you

You can research Army Regulations online by going to the Army website www.army.mil. At the top right is a button called REFERENCES. Click that and you'll get access to Army publications. You'll have to sift through and search by category, but you may find what you need there.

The regulations are only intitial guidance. ANY soldier who is otherwise physically qualified (deployable) can be deployed to Iraq or Afghanistan or anywhere for as long as the Army needs him or her. Soldiers have been regularly (and involuntarily) extended beyond their initial deployment period. There are NO guarantees for lengths of deployments, despite what a recruiter, (who would love to have you sign up), might represent.

In summary, you may find that the regulations say exactly what the recruiter represents, but those limits can always be extended based on the needs of the Army. It may not have been done yet in the case of health care professionals, but you cannot rely on that as a guarantee in your case.

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Answered on 10/15/04, 5:54 am
Charles Dobra Charles Wm. Dobra, Ltd.

Re: how to check what the recruiter tells you

I do not wish to discourage you from joining the Army Reserve. Members of reserve components of the armed forces are subject to being deployed all over the world if a person's military skills set ("MOS") in the Army, match a need. While an initial deployment might be for e.g., 180 days, once activated, you can be extended. You might "backfill" in the US, or be sent to Iraq or Afganistan, or anywhere. The point is, you can be deployed, and if in the Army, will be deployed. That's part of the agreement. Recruiters are infamous for outrageous claims. That said, I must state that I have just retired from the Naval Reserve, with 32 years of service. Without doubt, it is the best thing that I ever did. I hope that you decide to be a patriot, and join too. Just don't ever think that being a reservist is equivalent to being in the Boy or Girl Scouts.

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Answered on 10/15/04, 1:00 pm
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: how to check what the recruiter tells you

First, you need to know that as an RN, if your recruiter is NOT a specific "medical recruiter," they are liable to say anything to meet their monthly quota. Did they talk to you about going to Officer Candidate School [OCS] first?

Also, the time period is by law, 8 years, not 6. You might have a "commitment" of 6 years, but that does NOT mean that they cannot either extend you at the 6 year point, or "re-call" you after that but prior to the 8 year point.

The provision that they are referring to [misleading you again] says if my memory is correct, that "normally" medical professionals will not be activated for more than 90 days. The problem is that nothing is "normal" any more. I have counseled both MD's and RN's who have been activated for MORE THAN one year. I can guarantee you that (a) you will be activated; (b) you will be deployed; and (c) it will almost always be for more than 90 days. I have 28 years of experience in the Air Force and Air Force Reserves.

Furthermore, if you have any specialized RN training, ED, Ortho, Trauma, etc., you will be particularly in demand.

The easiest way to double-check is to ask the recruiter to put what he says in writing. They won't. I've represented too many recruiters...

But, don't be discouraged. Call an Air Force MEDICAL recruiter and see what they say? The services have slightly different rules on this, but the provisions on loan repayment, etc. are the same.

Also, there are 2 types of "Reservists" - one the traditional one assigned to a specific Reserve Unit - the 1 weekend per month routine; the other is a Mobilization Augmentee, where you are assigned to an active duty unit [sort of like a substitute teacher] you fill in as needed and then train with them at YOUR schedule versus the units schedule. That might be a better option for you. Also, ask about the "Flight Nurse" program - extra flight pay, and a great way to use your nursing skills.

Contact me directly if I can be of any further assistance in helping you with any of this.

http://www.donaldgrehkopf.com/

Regards,

Don Rehkopf

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Answered on 10/15/04, 4:16 pm


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