Can A Retired Military Officer Be Recalled To Active Duty

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Can A Retired Military Officer Be Recalled To Active Duty – The two former Chiefs of Defense Staff, General Martin Luther Agwai (rtd) and Admiral Ola Saad Ibrahim (rtd), at the weekend expressed support for the recent disclosure by the military high command that retired officers will be recalled to join the fight against security challenges that ravage the earth.

General Agwai said the retired officers, who were trained at huge cost to the nation to defend its territorial integrity, could not afford to stand by and watch the security situation degenerate.

Can A Retired Military Officer Be Recalled To Active Duty

Admiral Ola Saad said retired officers must deploy their knowledge in arms and fight both individually and collectively in the interest of the nation when called upon to do so.

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Both former defense chiefs spoke at the post-career awareness seminar and retirement dinner organized by the 36th regular course of the Nigerian Defense Academy (NDA) in Abuja.

Chief of Defense Staff General Laki Irabor and Chief of Army Staff Lt General Farooq Yahaya, in several meetings with retired senior military officers, urged them to be on alert despite retirement as current and emerging security threats have made it inevitable that their services will still be needed in certain aspects.

Agwai said “although it is virtually impossible to address all foreseeable security challenges, you, the 36 course retirees have a duty to continue to offer solutions and suggestions to address the security challenges facing the nation. It is because the nation invested a lot of money to make you what you are today.”

For his part, Ibrahim stated that “as retired military officers you are trained to be focused, disciplined and determined. These attributes will be needed whenever the nation is in need. So you have to be willing to deploy your knowledge in the collective quest to contain national security challenges. I call upon all of you individually and collectively to use your wealth of experience for the good of the nation when called upon.”

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In his remarks on the occasion, the Chief of Naval Staff and Patron of the 36 Regular Course, Vice Admiral Awwal Zubairu Gambo, said there was no doubt that the members of the 36 NDA Regular Course had fulfilled their service life despite the rigors of a military career.

“As we move into a post-service age, which we all know has its own idiosyncrasies, equipping yourself with the necessary strategies, knowledge and acumen for a seamless transit cannot be overemphasized.

The Chairman of Course 36, Brigadier General Mustafa Onoiveta (RTD) in his address disclosed that out of the 205 officers who started the course, 39 of them paid the ultimate sacrifice, noting that the remaining members have since forged a bond of unity that has seen them through challenges.

“On September 24, 1984, a group of young, enthusiastic and dedicated Nigerians, numbering 205, chose to begin a new life and career dedicated to the service of our motherland.

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“These young men, mostly in their teens, didn’t know what awaited them. But they were determined to move forward. These are the members of the 36 regular course of the Nigerian Defense Academy (NDA) and together, we have created a unity that is the envy of many.

“The course achieved many firsts, including a course that pioneered the NDA degree programme.

“Also, for the first time in Academy history, members of the Course passed out on four separate occasions. This was as a result of the introduction of the graduation programme.” Medical personnel who have retired from the defense service will be recalled to work in Covid facilities, Chief of Defense Staff General Bipin Rawat informed Prime Minister Narendra Modi on Monday.

Rawat met Modi to brief him on the armed forces’ preparations to combat the pandemic. He said that all medical personnel on staff designation at the command, corps, divisional headquarters, as well as those at the headquarters of the Indian Navy and Air Force would also be employed in the hospitals.

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Similarly, medical officers who have left the services will be required to be available for consultation through emergency helplines, he said.

In addition, medical staff working with the Services will also be available to work in hospitals. Modi was also told that oxygen cylinders available with the armed forces would be released for use in Covid hospitals.

The CDS said that armed forces personnel are establishing medical facilities in large numbers and where possible military medical infrastructure will also be made available to civilians.

They also reviewed the operations undertaken by the Indian Air Force to transport oxygen and other essentials within India and from abroad.

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The Prime Minister also explored the possibility of using Kendriya and Raja Sainik Welfare Boards and officers posted at various headquarters in veterans’ cells to coordinate veterans’ services to improve outreach to various locations, including remote areas. From Admiral Bill McRaven to General Michael Hayden and General Martin Dempsey, some of President Donald Trump’s most visible critics of late have been retired military officers. And a provision of federal law little-known outside the military makes it a felony, triable by court-martial, for those individuals (and any other commissioned military officer) to use “derogatory language against the President, the Vice President, Congress, the Secretary. of Defense, Secretary of the Department of War, [or] Secretary of Homeland Security.” But does the Constitution really allow the government to court-martial those who have retired from active duty—in some cases, long ago—even for misdemeanors?

At its Feb. 15 conference, the Supreme Court is scheduled to decide whether to hear a case raising this very issue (full disclosure: I am co-counsel for the petitioner in Larrabee v. United States). The judges should take the case. And they should consider that retired soldiers are no longer part of the “land and naval forces” for the purposes of the Constitution – and therefore can only be tried by civilian, not military, courts for offenses committed after leaving active duty.

The Supreme Court has never directly ruled on this issue. But until recently, lower courts have routinely upheld the military’s power to try those retired officers who continue to receive government pay, reasoning that such pay makes the retiree a permanent member of the “land and naval forces” for purposes of Congress. constitutional authority. But the Supreme Court overturned that reasoning in 1992, clarifying (in a federal tax law case) that retired pay for former service members is deferred compensation — the equivalent of a pension — rather than reduced pay designed to help ensure retirees’ future readiness . Despite widespread agreement that, in the process, the Supreme Court has erased the justification for trying retired military personnel by court-martial, the justices have not yet had a chance to consider that issue — or whether other arguments in favor of military jurisdiction might remain.

However, that possibility has now arisen in a case that stands out only for its unexceptionality. Stephen Larrabee was court-martialed for two misdemeanors stemming from a drunken incident at a private bar in Japan in which he sexually assaulted a fellow bartender. Although Larrabee contested whether, as a retired officer, he could be tried by the military for offenses committed after leaving active duty, the military courts rejected his request. Recognizing that the previous rationale for trying retired service members by court-martial was no longer viable, the lower courts in Larrabee’s case nevertheless upheld the military’s authority to prosecute him. In particular, the courts have held that retired soldiers are still part of the “land and naval forces” and, as such, are subject to court-martial for any act committed at any time during their retirement, simply because they remain subject to being recalled to active duty. .

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This logic is amazing in its breadth. Not only would it allow a court-martial of any of the 2 million currently retired soldiers for any crime committed at any point between retirement and death, but it would also allow Congress to subject to military jurisdiction any crime committed by 17 -the millions of men currently registered for the Selective Service, who are subject to involuntary induction and activation by the President for training and service at any time, “whether or not martial law exists.” If the lower courts are correct, the military could not only prosecute Admiral McRaven for his contemptuous speech against the president; can also prosecute an 8-year Vietnam veteran for Medicare fraud or an 18-year-old Selective Service registrant for speeding in a national park. Indeed, in his brief opposing certiorari, the Solicitor General largely rejected this reasoning, recognizing that “the mere possibility that an individual will become a member of the armed forces in the future is insufficient,” alone, to conclude that he or she is part of the “land and naval forces”—and accordingly subject to military jurisdiction.

This reasoning is also deeply anachronistic. Even in a national emergency, a small percentage of retired officers would actually be subject to involuntary recall. Instead, from Vietnam, robust

Component—rather than the retiree list—became the military’s preferred means of augmenting active-duty troops. And for reservists, unlike retired soldiers, Congress has authorized military trials only for offenses committed while on active duty or training for inactive duty—such as

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