IRR Involuntary Mobilization Exemptions
Involuntary mobilizations (call ups) from the Individual Ready Reserve (IRR) can and have occurred during times of national emergency, crisis and/or war. The IRR is comprised of approximately 100,000 service members who have either yet to complete their statutory eight year Military Service Obligation (MSO), or who have reached their MSO but are still being carried in the IRR in an inactive status. Individuals in the IRR remain subject to involuntary recall/mobilization unless and until they request an exemption, deferment or delay from orders, or until the service member who has fulfilled his or her MSO has taken affirmative action to be released/discharged from the IRR and any further military service.
Widespread IRR involuntary mobilizations occurred most recently after the 9/11 attacks of September 2001, and lasted until approximately 2009/2010. With COVID-19 hitting our country and world, there has been some speculation that IRR involuntary mobilizations may be resurrected per Department of Defense (DoD) policy.
The IRR pool, and individuals within it, possess certain skills, training, education and experience which can often prove to be a valuable and sought after force multiplier in any given situation, crisis, or emergency. And as such, IRR members who have fulfilled their MSO, or those with multiple combat deployments, medical, business, educational or family hardships, should periodically evaluate, monitor and assess their status as an IRR asset subject to involuntary recall.
We have successfully represented many former service members who have come to us for an exemption from IRR involuntary mobilization. The stakes are usually high, there’s often a relatively short suspense involved, which only heightens the stress felt by the Soldier, or their family member, and more often than not, especially in cases where medical evidence, post traumatic stress disorder (PTSD) and/or other behavioral health issues present, the client is often reluctant to talk about what’s really going on in his or her life. Our team can and has handled all of that stuff - calmly, thoroughly and most importantly, compassionately. We know this area of administrative military law well, and we have extensive experience in all aspects of the IRR recall process and how to defend against it.
Please feel free to review the testimonials from former IRR exemption from involuntary mobilization clients here on this website. As an IRR Recall Attorney and Military Lawyer, Bill Meili and his team have successfully defended many service members facing involuntary recall out of the IRR. We have been able to help many talented, decorated and deserving Soldiers make it through an extremely difficult time in their lives by working all aspects of this system, hard over time, and ultimately seeing the right result come down for the right reasons.
If you are in need of assistance with your involuntary mobilization defense, give Bill Meili and his office a call today: 214-363-1828 or Toll-Free: (866) 578-0164
FAQs
Can I be involuntarily called to active duty from the Individual Ready Reserve (IRR)?
Yes. Members of the Ready Reserve, including the IRR, can be ordered to active duty without their consent during a Presidential national emergency, or when otherwise authorized by law, for up to 24 consecutive months under 10 U.S.C. 12302 (a partial mobilization). Related authorities are 10 U.S.C. 12301(a) (full mobilization) and 12304 (the Presidential Reserve Call-Up).
Can I request a delay or exemption from an IRR mobilization, and on what grounds?
Yes. You can ask for a delay or an exemption on grounds such as extreme personal hardship, extreme community hardship, or a temporary medical condition. These requests are decided on the documents you submit, so thorough supporting documentation is essential. Note that once a mobilization is ordered, a delay or exemption generally can't be granted just because of your civilian job.
How quickly do I have to act if I receive IRR mobilization orders?
Very quickly. The window to submit a delay or exemption request is short, often only about two weeks from when your mobilization order is published, and late requests are generally not processed. Because that clock can start when the order is issued, sometimes before you even receive the paperwork, you may have only a few days in practice. This is the clearest example of why contacting counsel right away, rather than waiting, can directly affect the outcome.
How is the IRR different from the Selected Reserve, and who handles these requests?
The IRR is a pool of trained people who have prior service or training but don't drill with a unit, unlike the Selected Reserve. For the Army, delay and exemption requests are decided by Human Resources Command. |