Judge: Reservist Must Report For Duty

[USMCRET6391]

Associated Press
September 14, 2004

RALEIGH, N.C. - A man who served the eight years required under his ROTC contract remains an Army reservist obliged to report for active duty because he failed to sign a resignation letter, a federal judge has ruled.

Todd Parrish, 31, had sought to block the Army from calling him to active duty until his lawsuit on the issue was decided.

But Judge Louise Flanagan denied the request on Friday, meaning that if the Army denies Parrish's administrative appeal, he could be forced to go on active duty while the case is litigated.

Parrish signed the ROTC contract while a student at North Carolina State University. He argued that his military obligation ended Dec. 19, following four years of active duty and four years in the reserves.

His attorney, Mark Waple, did not immediately return a call seeking comment Monday.

Army lawyer Maj. Chris Soucie told the judge that Parrish could be recalled to duty because he failed to sign a resignation line on a letter asking for an update on his personal information.

Parrish, a married communications officer, said he sent the Army a letter resigning his commission and did not sign the line on the form because he thought he had already resigned.

The judge's order said Parrish cannot be ordered to active duty before Sept. 26.

If the Army's adjutant general denies Parrish's appeal, he will be given a reasonable amount of time to report for duty, U.S. Attorney Frank Whitney said.