Can a veteran return to active duty?

A veteran who filed a claim for VA benefits before returning to active duty would be potentially entitled to benefits for at least the period between the date of the claim and the date of return to active service. That statute does not bar a veteran who reenters active duty from receiving VA compensation or pension.

Who does Title 10 apply to?

Keeping score of your earned benefits under the two bosses can be confusing. Federal authority over servicemembers falls under Title 10 of the U.S. Code. These laws apply to active duty, reservists, and Guard members who are ordered to federal-level active duty for federal-level missions.

Do you lose constitutional rights when you join the military?

Your Rights. People often assume that military members give up many, if not all, of their Constitutional rights upon joining the military. In reality, military members enjoy the same rights that civilians do, if not better.

Can a veteran be called back into the military?

If you read the fine print of your service contract, you may see that you serve on active duty for four years, and the Individual Ready Reserve (IRR) for another four years. That means you are eligible for recall at any time during those remaining four years.

Does the UCMJ supersede the Constitution?

Yes, defenders of this new system point out that over 30 years ago the Supreme Court found the UCMJ to be constitutional. Indeed In 1957 the Supreme Court noted that “Every extension of military jurisdiction … acts as a deprivation of the right to jury trial and of other treasured constitutional protections.”

What is Article 31 of the UCMJ?

Article 31 of Uniform Code of Military Justice (10 U.S.C. § 831) protects service members against compulsory self-incrimination and requires that they be informed of the alleged offense before being questioned.