Issues & Cases INVOLUNTARY RECALL TO ACTIVE DUTY PTSD
Military Case Study #1
Matter: Involuntary Recall to Active Duty from the Individual Ready
Reserve, IRR, St Louis, Post Traumatic Stress Disorder, PTSD.
Service: Army
Summary: This case involved fighting an involuntary IRR recall for service
in Iraq by showing extreme personal hardship. As an IRR Recall Attorney, Bill
Meili has successfully defended many service members facing involuntary recall
out of the IRR.
Client was a West Point graduate with an outstanding record and prior service
in Iraq. After five years of active duty, Client opted for transfer to the Individual
Ready Reserve or IRR. He had begun experiencing symptoms, that were later diagnosed
as classic, Post Traumatic Stress Disorder or PTSD, soon after he returned from
his year tour in Iraq, but he tried to tough things out on his own, and like
so many, he didn't take advantage of any Veteran's Administration or VA resources
initially. His mental and physical health deteriorated, his marriage suffered,
and it became increasingly difficult for him to meet the academic requirements
of his MBA degree program at a major U.S. university. Well before the expiration
of his service obligation date, he received involuntary call-up orders, and
his PTSD symptoms accelerated.
When he contacted our office, our experience as IRR recall attorneys, and military
lawyers with extensive experience with all aspects of the IRR recall process
and how to defend against it, kicked in. At our suggestion, Client sought professional
help in multiple medical and psychological specialties immediately. We drafted
his Delay and Exemption Brief, then guided him through the initial presentation
of a request for Delay and Exemption from his orders for an involuntary recall
to active duty. When that initial request was denied, we revisited the medical
issues surrounding his PTSD diagnosis, had them strengthened with more current
data, and resubmitted the packet for a second look. When that re-look was denied,
we handled the appeal of his Request for Delay and Exemption from Involuntary
Recall to Active Duty to the Pentagon. The appeal was granted, and the two adverse
rulings from subordinate headquarters were reversed.
Result: Client will not have to return to Iraq. He will be discharged
honorably. He will also graduate with an MBA from a distinguished program, and
he will now be able to accept a job offer made several months ago, and begin
work at a major U.S. financial corporation in the fall of 2007.
Highlights: Being able to use our experience fighting IRR recalls as
a military lawyer, and specifically as an IRR Recall Attorney, to help a talented
and decorated soldier make it through an extremely difficult time in his life.
References: Our Client and his family. Please call our offices at 214
363-1828 for further information and contact numbers. References: Please call us at 214-706-9102 or email us at info@meililaw.com for further details and contact information.
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