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re: Military personnel, Scruffy has a question

Posted on 12/17/15 at 10:15 am to
Posted by Mizzoufan26
Vacaville CA
Member since Sep 2012
18965 posts
Posted on 12/17/15 at 10:15 am to
quote:

. Usually, you don't show up, you don't get paid in the reserves


Military, since the dawn of time all forces have had this in common, decide whether or not you want to show up without penalty... Reserves leading the way
Posted by 13SaintTiger
Isle of Capri
Member since Sep 2011
18419 posts
Posted on 12/17/15 at 10:15 am to
quote:

He's not AWOL if he's not on orders. Usually, you don't show up, you don't get paid in the reserves. I'm not sure of the details of his tuition $ from the reserves, but he could end up owing some $ back and he could get kicked to the curb from the unit.


I guess the reserves have different regulations than active duty.
This post was edited on 12/17/15 at 10:16 am
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 12/17/15 at 10:18 am to
quote:



He's not AWOL if he's not on orders.


No. Each drill weekend is considered four separate days of training (2 each actual day). You miss a whole weekend, they hit you with four AWOLs. You get so many, (forget how many exactly) and it's an other than honorable, give us back our money.

That's how it used to be in the reserves and guard anyway, might have changed I guess.
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
74660 posts
Posted on 12/17/15 at 10:19 am to
Unless he's on active duty I do not think he's subject to the UCMJ at this time. Basically all that will happen to him is if he misses enough "drills" he will receive either a general discharge or maybe even a dishonorable discharge.
Posted by GeauxxxTigers23
TeamBunt General Manager
Member since Apr 2013
62514 posts
Posted on 12/17/15 at 10:19 am to
If he's in the reserves and he's not showing up for his drill periods then he's not getting paid. Although he can still enroll in TriCare Reserve which is like $200 a month for a family. That's where the real money in being a reservist is.


He won't be court martialed. The reserves aren't going to waste their time. He will be administratively reduced to E-1 and serrated from the service with an other than honorable discharge. It doesn't sound as bad as a dishonorable but it will greatly hinder any opportunities for him in the future.
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 12/17/15 at 10:20 am to
quote:

Unless he's on active duty I do not think he's subject to the UCMJ at this time.


Pretty sure you still are. Fail a piss test or sodomize an officer's wife on drill weekend and see if they don't pull out the ucmj.

But like I said, shite might have changed.
Posted by GeauxxxTigers23
TeamBunt General Manager
Member since Apr 2013
62514 posts
Posted on 12/17/15 at 10:22 am to
Reserves are subject to the UCMJ during drill periods.
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
74660 posts
Posted on 12/17/15 at 10:23 am to
quote:



I guess the reserves have different regulations than active duty.



Unless things have changed from my time, they are different. UCMJ is (or was) only applicable to active duty troops. Basically the only time guard and reserve fall under UCMJ is when they're on active duty status for a deployment or if they've been Federalized. The rest of the time they are not subject to the UCMJ. That may have changed now though.
Posted by GeauxxxTigers23
TeamBunt General Manager
Member since Apr 2013
62514 posts
Posted on 12/17/15 at 10:23 am to
quote:

Basically the only time guard and reserve fall under UCMJ is when they're on active duty status for a deployment or if they've been Federalized. The rest of the time they are not subject to the UCMJ


That's incorrect
Posted by BRgetthenet
Member since Oct 2011
118271 posts
Posted on 12/17/15 at 10:25 am to
Purple Heart
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
74660 posts
Posted on 12/17/15 at 10:26 am to
quote:

Reserves are subject to the UCMJ during drill periods.



Oh, OK. Guess it's different for them from Guard troops. I never went to the reserves. When my time was up on active duty I went into the AL Army Nat Guard instead. They had slots for 19 Kilos at that time, the reserves didn't.


Yeah, just found this for clarification....

quote:

Missing Drills ShareThis
A reservist could be subject to the UCMJ during inactive duty training (drill). However, cases of reservists being punished under the UCMJ for missing drills are rare to non existent. Members of the National Guard, while not subject to the UCMJ during drill, may face additional penalties from their particular state.

In normal drilling status Air and Army National Guard reservists are usually under Title 32 (National Guard), rather than Title 10 (Armed Forces) status. This leaves punishment for such offenses to the individual states. The rules for guard members missing drill and what can be done about it vary from state to state. In practice, punishments for missing a part or all of a weekend drill range from nothing, to not being paid, to having to make up the drill, and in some rare instances arrest and punishment. GI Rights Hotline Counselors can provide information regarding the rules and likely risks of punishment in different states.

- See more at: LINK


LINK
This post was edited on 12/17/15 at 10:28 am
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 12/17/15 at 10:28 am to
quote:

Guess it's different for them from Guard troops. I


Wrong. Guard troops are subject to it as well. Darth did you spend your whole time after active duty huffing glue or something? That wouldn't make any sense for it to not be in effect on drill weekends or training exercises.

ETA just read your edit. Yeah I guess you could have a commander who chose not to enforce those rules but i never saw one.
This post was edited on 12/17/15 at 10:31 am
Posted by bencoleman
RIP 7/19
Member since Feb 2009
37887 posts
Posted on 12/17/15 at 10:28 am to
No punishment. If he doesn't want to be there they don't want him. He will be given a general discharge under honorable circumstances
Posted by Wolfhound45
Member since Nov 2009
127616 posts
Posted on 12/17/15 at 10:31 am to
Scruffy, from an Army Reserve perspective he is known as a non-participant. As long as he was not on active duty orders (there are a myriad of reasons why he would be) but simply stopped going to unit training assemblies (drills) then he will (eventually) be dropped from the rolls. His service will be uncharacterized. All of this is contingent upon him being in an inactive status when he stopped attending. Active duty changes the situation dramatically. And it is doubtful he continued to get paid for drills he did not attend. He has to sign the unit pay sheet monthly for that.

I can give you my civilian email addy if you want to follow up back channel.
This post was edited on 12/17/15 at 10:38 am
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 12/17/15 at 10:32 am to
quote:

If he doesn't want to be there they don't want him.


Normally yeah but he took tuition and GI bill money. Kinda complicates things.
Posted by Darth_Vader
A galaxy far, far away
Member since Dec 2011
74660 posts
Posted on 12/17/15 at 10:32 am to
quote:

Wrong. Guard troops are subject to it as well. Darth did you spend your whole time after active duty huffing glue or something? That wouldn't make any sense for it to not be in effect on drill weekends or training exercises.




Look at the link I posted right above your post. Guard troops are not subject to the UCMJ when on drill status. Only if they're Federalized do they fall under the UCMJ. In that regard Guard troops are different from Reserve troops.
Posted by Wolfhound45
Member since Nov 2009
127616 posts
Posted on 12/17/15 at 10:32 am to
Considering you are a Mizzou fan, I will take into account your lack of intellect.

ETA: And I remember you sporting an AF symbol as your favorite team before. So if you are USAF you probably shouldn't be running your mouth (or keyboard) at anyone.
This post was edited on 12/17/15 at 10:52 am
Posted by Wolfhound45
Member since Nov 2009
127616 posts
Posted on 12/17/15 at 10:36 am to
If he was not on active duty at the time, there is no courts martial, no jail time and no paying back of any pay and allowances because he was not being paid. Only issue might be if he was receiving some form of educational assistance. May have to pay that back.

He will be administratively separated.
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 12/17/15 at 10:36 am to
Yeah I edited, dick.
Posted by iwasthere
New Orleans
Member since Jul 2010
1920 posts
Posted on 12/17/15 at 10:37 am to
If he isn't showing up, chances are he isn't getting paid by them. He might still receive his gi bill if it wasn't reported that he dropped out yet. The gi bill part will catch up to him and go on his credit if he doesn't pay it back. The longer he is awol, his chances increase of him being put out. He ismt looking at jail time or anything like that. He can miss a year, show up, take his demotions and stay in. I have seen it happen plenty of times with the Reserve and Guard.
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